Investor and Partner Disputes
Sher Tremonte represents corporate investors, officers, directors, and managers in a broad spectrum of investment-related disputes. Our clients include family offices, members of investment funds, investment advisors, and executives in controversies involving accusations of mismanagement or other wrongdoing resulting in substantial investment losses. The firm regularly litigates these disputes on behalf of both plaintiffs and defendants in state and federal courts as well as in FINRA arbitrations. In addition, we represent clients in connection with investigations and parallel proceedings initiated by the SEC; the DOJ; the New York State Attorney General; and other local, national, and international law enforcement and regulatory agencies.
Our lawyers also represent clients in disputes involving partnerships, joint ventures, and other closely held companies. In this arena, we prosecute and defend claims of breach of contract; breach of fiduciary duty; fraud; and other claims arising from allegations that a partner or managing member misappropriated a business opportunity, withheld profits from other owners, misrepresented the finances of a company, or engaged in other self-interested conduct.
- Successfully defended an investment advisor and hedge fund founder in a lawsuit alleging a breach of partnership agreement. Obtained complete dismissal following cross-examination of plaintiff in pretrial hearing.
- Represented a South American financial firm in litigation against an investment bank arising from a breach of joint venture agreement.
- Prevailed for a technology firm in an arbitration brought by a former partner involving claims of misappropriation, breach of fiduciary duty, and unfair competition.
- Successfully defended a medical marijuana company and its founders against claims of misappropriation, breach of contract, and breach of fiduciary duty.
- Represented shareholders of a closely held real estate company in multifront litigation and dissolution proceedings.
- Represented investors in an insurance venture as plaintiffs in federal litigation involving claims of civil RICO, fraud, and unjust enrichment as well as in parallel investigations by law enforcement offices.
- Defended the founder of an e-commerce company in a federal lawsuit brought by an investor as well as a related investigation by the New York State Attorney General.
- Represented real estate company investors in shareholder derivative litigation against a president and chief executive officer.
- Represented a group of investors in connection with litigation and investigation by the SEC relating to a Ponzi scheme.
- Successfully recovered investments by international investors in the EB-5 visa program in a dispute with fund managers.
- Defended founders and executives of a medical marijuana company in multiple lawsuits brought by investors alleging breaches of fiduciary duty and breaches of contract.
- Defended a fund manager in parallel federal criminal prosecution and enforcement actions brought by the SEC and CFTC.
- Successfully represented a hospitality company with interests in restaurants and hotels throughout the United States in a dispute with former partner.