Recently, Pastore LLC perfected its appeal in New York’s First Department Appellate Division. Pastore LLC represents a celebrity chef in the matter, which involves a contract dispute dealing with election of remedies issues. The chef is well known and has high-end restaurants in New York and Las Vegas, and the issue in the case involves some of his historical publicity. Ultimately, the matter involves sophisticated contractual provisions, and thus the chef hired Pastore LLC to handle these contractual agreements.
Tag: Commercial Litigation
FINRA Fine and Suspension for Former CEO Dismissed
Pastore attorneys successfully represented the former CEO of a broker dealer in a regulatory dispute with FINRA. When Pastore was retained, FINRA was seeking a multi-month suspension, thousands of dollars in fines, and was days away from serving a complaint. In the space of a few months, Pastore convinced FINRA to close the case without levying a dollar in fines or a single day of suspension.
The National Law Journal recognizes Joseph M. Pastore III Among Top-Rated Lawyers
The National Law Journal, a leading periodical in the U.S. providing members of the legal profession with important industry updates will recognize Managing Partner, Joseph M. Pastore III, as one of New England’s Top-Rated Lawyers. Mr. Pastore will be featured in a special section for Top Rated Lawyers in the National Law Journal which reaches more than 44,000 readers. Congratulations to Mr. Pastore on this excellent achievement.
Pastore Client Awarded $14 Million in Derivative Arbitration
A Pastore client was awarded $14 million derivatively on behalf of the company which he is a 49% shareholder. The dispute arose out of a prominent construction development in Bronxville, NY and concerns the failure of the developer to pay construction management fees to Pastore’s client. The dispute involves complicated issues of tax credits and accounting. There is a corresponding Connecticut Superior Court case involving related parties, wherein the Pastore client is seeking derivatively and directly $63 million dollars.
Pastore Obtained an Injunction Requiring Return of PPP Funds in National Matter
Pastore successfully represented its client, a Registered Investment Adviser, in a preliminary injunction hearing against a national bank on an issue regarding a Paycheck Protection Program (“PPP”) loan. The hearing was held virtually in the Supreme Court of New York. The bank had taken out PPP loan money from Pastore’s client’s account and provided default notices to the client. Pastore filed for injunction on behalf of its client and the Court agreed with Pastore that the bank had interfered with its client’s ability to apply for forgiveness. The Court directed the bank to put the money in an escrow account and allow the client’s application for forgiveness to proceed through the proper channels. If the loan is forgiven, the money will be released to its client.
Pastore Defeats Motion to Compel Arbitration Against Billionaire
Pastore successfully defeated a Motion to Compel Arbitration in a case on the Complex Litigation Docket in Stamford against a billionaire represented by an AM Law 200 firm. The case involves complex direct and derivative shareholder claims in which the claims for damages are in excess of $65 million. Pastore’s client is one of the shareholders of a two-shareholder construction management company with the defendant billionaire the other shareholder. The Motion to Compel Arbitration sought to compel arbitration with respect to the entire Complaint. After Defendants conceded that the Motion to Compel does not apply to Counts One through Four, the Court agreed with Pastore and denied the Motion to Compel as to Counts Five through Twelve.
Pastore Managing Partner Receives AV Preeminent Rating for the Year 2021
Pastore LLC is proud to announce that Partner, Joseph M. Pastore III has been named by Martindale-Avvo to receive the AV Preeminent Rating for the year 2021. This rating is the highest possible rating in both legal ability & ethical standards for practicing attorneys. Mr. Pastore received this honor for his exemplary devotion to judicial standards and ethics practices as an attorney. Mr. Pastore has been a recipient of this honor for the past 11 consecutive years.
Pastore Successfully Obtains a Dismissal of a Large Investment Bank Case in Delaware District Court
Pastore & Dailey won a complex securities and M&A action in the United States District Court for the District of Delaware arising from a derivative rights holder agreement and related investment banking engagement agreements. This is the latest iteration in the saga between the Defendant, Pastore & Dailey’s client, and the Plaintiff, a representative of the shareholders to a company seeking to invalidate investment banking fees owed following a series of complex insurance corporate mergers.
After Pastore & Dailey successfully defended its client in the United States District Court for the District of Nebraska and then successfully defended its client in the appeal before the Eight Circuit that followed the District of Nebraska decision, its Motion to Dismiss was granted in the District of Delaware. In its Memorandum Opinion, the District Court agreed that Plaintiff’s claims were batted by the doctrine of res judicata and that the Plaintiff lacked standing to assert its claims.
Pastore & Dailey attorneys have vast experience arguing and defending matters in various federal courts across the country and are well-situated to handle similar claims involving complex contractual and investment banking issues.
Pastore Obtains an Injunction Requiring Return of PPP Funds in National Matter
Pastore & Dailey successfully represented its client, a Registered Investment Adviser, in a preliminary injunction hearing against a national bank on an issue regarding a Paycheck Protection Program (“PPP”) loan. The hearing was held virtually in the Supreme Court of New York. The bank had taken out PPP loan money from Pastore & Dailey’s client’s account and provided default notices to the client. Pastore & Dailey filed for injunction on behalf of its client and the Court agreed with Pastore & Dailey that the bank had interfered with its client’s ability to apply for forgiveness. The Court directed the bank to put the money in an escrow account and allow the client’s application for forgiveness to proceed through the proper channels. If the loan is forgiven, the money will be released to its client.
Pastore Defeats Another Billionaire Motion to Dismiss
Pastore & Dailey successfully defeated a Motion to Dismiss in a case against a billionaire and an AM Law 200 firm in a case in front of the Complex Litigation Docket in Stamford. The case involves complex direct and derivative shareholder claims in which the claim for damages is more than $65 million. Pastore & Dailey’s client is one of the shareholders of a two-shareholder company and defendant billionaire is the other shareholder. The Motion to Dismiss sought to dismiss certain counts of the complaint for lack of subject matter jurisdiction. The Court, however, agreed with Pastore & Dailey’s contention that a shareholder in a two-shareholder action can bring a derivative action against the other shareholder and denied the Motion to Dismiss.