News


Sher Tremonte Wins Reversal in Second Circuit Appeal Involving Employment Dispute

On March 10, 2020, Sher Tremonte and Paul Weiss, as co-counsel, won a precedent-setting victory on employment rights in the U.S. Court of Appeals for the Second Circuit. An employee of a Connecticut police department alleged employment discrimination after being forced to resign.  The district court granted summary judgment and dismissed the plaintiff’s claim based on its conclusion that the plaintiff was not constructively discharged because she had chosen to resign rather than proceed with a disciplinary hearing.  On appeal, Jennifer X. Luo of Sher Tremonte successfully argued that, even though there was no direct threat of termination by the plaintiff’s employer, the employee was constructively discharged based on the totality of circumstances.  The Second Circuit agreed and found that “neither an absolute statement nor a direct communication by an ultimate decisionmaker” is required for constructive discharge to take place.  Rather, the Second Circuit held that constructive discharge may be implied, and an employee’s decision to resign in the absence of express threats can constitute adverse employment action. Read the full decision here. A Law360 article on the decision is available here.

Read more...
Sher Tremonte Obtains $50 Million Judgment

On February 11, 2020, Sher Tremonte obtained a $50 million judgment on behalf of its client, a Singapore-based investment advisory firm focused on sustainable development in the hospitality and real estate industries.  The judgment followed five years of litigation over the investment advisory firm’s claims of breach of contract, tortious interference, fraud, and unjust enrichment arising from the $358 million acquisition of the international luxury hotel chain, Aman Resorts.  The case was handled by partners Justin Sher and Erica Wolff.  Read the judgment here.  Read the Fortune article about the dispute here:  The Global Battle for the Ultimate Luxury Hotel Chain.

Read more...
Sher Tremonte Wins Preliminary Injunction Compelling Insurance Company to Fund Tech CEO’s Defense

On February 4, 2020, the Commercial Division of the New York County Supreme Court granted a motion for a preliminary injunction filed by Sher Tremonte on behalf of its client, a former CEO of a technology firm. Sher Tremonte’s client initiated the action seeking to compel an insurance provider to defend and indemnify her under a Directors and Officers liability policy. The Hon. O. Peter Sherwood found that Sher Tremonte’s client had established a high likelihood that coverage is required under the policy and that the insurer should therefore pay defense costs pending a final decision in the case. The case was handled by Sher Tremonte partners Theresa Trzaskoma and Mark Cuccaro.

Read more...
Sher Tremonte Promotes Erica Wolff to Partner

Sher Tremonte is pleased to announce that Erica A. Wolff has been promoted to Partner.

Read more...
Justin Gunnell Interviewed on True Crime Podcast

Sher Tremonte counsel, Justin Gunnell, was interviewed by Amanda Knox on her podcast concerning the infamous Preppy Murder case. Listen here.

Read more...
Sher Tremonte Prevails in Critical Summary Judgment Decision in Minority Shareholder Squeeze-Out Dispute

Sher Tremonte lawyers Theresa Trzaskoma, Justin Gunnell, and Allegra Noonan recently obtained a highly favorable decision on summary judgment on behalf of their client, a one-third owner of a closely held company that is the general and controlling partner of an asset management firm with more than $10 billion AUM. After our client was forced out of the business, his former partners attempted to dilute his interest in the company by wrongfully issuing shares to themselves at improperly low prices. When our client complained, the company sued him, arguing that, among other things, he should be compelled to tender his shares for a tiny fraction of their value and that he was violating a non-competition agreement. Sher Tremonte brought counterclaims for breach of fiduciary duty based on self-dealing and excessive compensation. Adopting nearly all of Sher Tremonte’s arguments, Justice Gretchen Walsh of the Commercial Division of the New York State Supreme Court (Westchester County) dismissed each of the company’s claims against our client. The Court also rejected the other side’s arguments that their conduct was consistent with the shareholders’ agreement, setting up a trial on our client’s improper dilution and excessive compensation claims. Read the decision here.

Read more...
Sher Tremonte Fights for Bed-Stuy Homeowner

As part of the firm’s ongoing efforts to give back to the community through pro bono work, Sher Tremonte recently took on the case of Dairus Griffiths, a 65-year-old resident of Bed-Stuy Brooklyn who is fighting to regain title to the historic brownstone where he and his family have lived for 30 years. In 2014, Mr. Griffiths fell victim to a predatory scheme that led to the sale of his home for less than half its market value. Mr. Griffiths had been ensnared in litigation with the buyer for several years and was on the brink of eviction in June 2019, when Sher Tremonte stepped in. In July 2019, partner Theresa Trzaskoma, counsel Justin Gunnell, and associate Tasha Branford secured a temporary restraining order to prevent the buyer from taking any further action to evict Mr. Griffiths and his family. In October 2019, the firm filed affirmative claims against the buyer on Mr. Griffiths’s behalf pursuant to the Home Equity Theft Prevention Act (“HETPA”), a New York State law designed to protect vulnerable homeowners who are either in default on their mortgage payments or whose property is subject to foreclosure. HETPA was enacted in 2006 in response to the growing problem of “fraud, deception, and unfair dealing by home equity purchasers.” Such predatory transactions have become a priority for the Brooklyn District Attorney’s office, the Brooklyn Borough President’s office and, most recently, Governor Cuomo’s office, which this week called on the state’s Department of Financial Services to investigate the issue. Through his lawsuit against the buyer, Mr. Griffiths seeks to rescind the transaction and obtain a damages award. Follow the links below to read more about Mr. Griffiths’s case and similar cases in Brooklyn. "Why Black Homeowners in Brooklyn Are Being Victimized by Fraud", New York Times "Brooklyn couple sue men they say swindled them out of their home", NY Daily News "Brooklyn borough president slams deal that could cost Bed-Stuy family their home, demands DA investigate", NY Daily News "Bed-Stuy family cries foul over deal that could leave them homeless", NY Daily News

Read more...
Sher Tremonte Demands Public Disclosure of Happy the Elephant’s Medical Records

On September 9, 2019, Sher Tremonte attorneys Allegra Noonan, Justin Sher, Justin Gunnell, and Noam Biale, filed an Article 78 Petition on behalf of In Defense of Animals (“IDA”) seeking medical and other records concerning the care of two elephants, Happy and Patty, housed at the Bronx Zoo.  IDA is challenging the New York City Department of Cultural Affairs and the Wildlife Conservation Society’s claim that the Wildlife Conservation Society is not subject to New York’s Freedom of Information Law because it is not a government agency. IDA’s petition arises from concern that the elephants, which are highly social creatures, have experienced health problems as a result of being housed alone at the Bronx Zoo. Ms. Noonan was interviewed by News 12 about the case.  Read more about this case here.

Read more...
10 Sher Tremonte Attorneys Named 2019 Super Lawyers

Ten Sher Tremonte attorneys were named as 2019 New York Metro Super Lawyers or Rising Stars. Published annually, Super Lawyers identifies leading professionals who have attained a high degree of peer recognition and excellence in their practice areas. Sher Tremonte is proud of partners Theresa Trzaskoma and Justine Harris for their individual achievements. Ms. Trzaskoma has been named as a New York Metro Super Lawyer in White Collar Defense for the tenth consecutive year. Ms. Harris, also a standout in White Collar Defense, has been included in on the Top 50: 2019 Women New York - Metro Super Lawyers list for the third consecutive year. Here is the complete list of Sher Tremonte partners and associates named as 2019 Super Lawyers: Noam Biale, Associate Rising Star in Criminal Defense Justin Gunnell, Counsel Rising Star in Business Litigation Justine Harris, Partner Super Lawyer in Criminal Defense: White Collar Yonatan Jacobs, Associate Rising Star in Business Litigation Robert Knuts, Partner Super Lawyer in Securities Litigation Kimo Peluso, Partner Super Lawyer in Business Litigation Justin Sher, Partner Super Lawyer in Business Litigation Michael Tremonte, Partner Super Lawyer in Business Litigation Theresa Trzaskoma, Partner Super Lawyer in Criminal Defense: White Collar Erica Wolff, Counsel Rising Star in Business Litigation

Read more...
Article on Decryption Orders Issued to Technology Companies

In July 2019, the Harvard Journal on Legislation published an article by Sher Tremonte associate Jennifer X. Luo. The article, titled “Decoding Pandora’s Box: All Writs Act and Decryption Orders” discusses decryption orders compelling technology companies to provide law enforcement with access to consumer devices.  A link to the article may be found here.

Read more...