Experience  /  Commercial Litigation & Arbitration

Representative Transactions

Successfully obtained a dismissal for our client, a New York Health Club, of an alleged false certification claim before the Environmental Control Board of New York City.

Successfully represented our client, SwissINSO S.A., in a Uniform Domain Name Dispute Resolution proceeding (UDRP) before the National Arbitration Forum. The NAF panel ruled in favor of our client, compelling the transfer of the disputed domain name back to our client.

Successfully represented a former senior executive of Interview Magazine in New York State Supreme Court on a motion to vacate an arbitration award against her in her claim for wrongful termination. The arbitrator had awarded attorneys’ fees and costs in the amount of approximately $370,000 in favor of Interview. RKR, which had not been involved in the arbitration, was retained to prepare papers on an expedited basis. RKR persuaded the state court judge to vacate the attorneys’ fees award in favor of Interview and to remand the matter for additional proceedings.

Successfully represented Petroterminal de Panama, which owns and operates an oil pipeline and storage facility in Panama, in procuring the dismissal by summary judgment of a $45 million indemnification claim asserted against our client in the New York courts.

Represented Tesoro Corporation, a major independent refiner and marketer of petroleum products, in the successful defense of claims, and the successful prosecution of a counterclaim (including the award of attorneys fees), in an arbitrated action. The three arbitrators unanimously decided in favor of Tesoro Corporation.

Represented NIC Holding Corp. (Northville), a New York based petroleum supply, distribution and trading company, and a major market maker in the gasoline and heating oil markets in the Northeast and Gulf Coast, in connection with its claim for lost profits and hedging losses incurred due to a late delivery of a gasoline cargo to the Gulf Coast in October 2005. After the trial commenced, the case was settled with NIC Holding receiving a multi-million dollar payment.

Represented Vitol S.A., Inc., an oil-trading company, in obtaining a $1.7 million judgment against Koch Oil on a summary judgment motion, representing 100% of the compensatory relief requested in the action.

Represented The Mouawad Group in the Southern District of New York defending Mouawad’s late filed claims to share in the settlement of the Christie’s and Sotheby’s Auction Houses Antitrust Litigation.

Represented Lockheed Martin Corporation (NYSE: LMT) in successfully dismissing National Casualty Company’s claim that Lockheed Martin was barred from pursuing its insurable loss based upon a one year statute of limitation.