Jeremy E. Deutsch

Representative Litigation Matters

• Represented the largest limited partner in one of the Madoff feeder funds, both in litigation against the fund’s auditor and in negotiating and structuring the bankruptcy settlement with the SIPC Trustee.
• Lead counsel in multi-week confidential AAA arbitration over the denial of a claim made under rep and warranty insurance policy.  This complex matter required proof that the financial statements of the acquired company overstated the trailing twelve months’ EBITDA due to fraudulent accounting practices which resulted in inaccurate, and misleading, financial condition representation and warranty.  Obtained multi-million dollar award.
• First chair counsel for defendant in New York State Court jury trial alleging tortious interference with contract.  Secured verdict after two-week trial for a small fraction of the damages sought by plaintiff.
• Secured appellate decision in New York Appellate Division, First Department, partially vacating jury verdict.
• Successfully conducted, as lead counsel, an emergency internal investigation for a publicly traded company requiring review of thousands of pages of documents, sensitive interviews of dozens of current and former employees, and presentations to the company’s board and auditors.
• Defeated an injunctive relief proceeding in U.S. District Court, E.D.N.Y., after two days of hearing, at the close of movant’s presentation.
• Defeated an injunctive relief proceeding in U.S District Court, S.D.N.Y, which sought, on the basis of allegations of theft of trade secrets and violations of a confidentiality agreement, to shut down competition by former employees at new venture.
• Obtained dismissal of suit brought by litigation funder against out-of-state attorney on grounds of lack of personal jurisdiction.
• Obtained multi-million dollar verdict on behalf of client, including dismissal of counter-claims seeking hundreds of millions of dollars, at the conclusion of opening statements at a bench trial in the Commercial Division, New York Supreme Court, New York County.
• Lead counsel on successful resolution of governance dispute involving bio-tech start up which led to our client assuming control over the company.
• Lead counsel on International Chamber of Commerce Arbitration concerning dispute over solar panel manufacturing and import.
• Conducted an internal investigation to resolve issues at a commodity futures trading firm where a partner stole millions of dollars from the firm and mismarked specialist trading positions.
• Tried an oral breach of joint venture case in the Commercial Division of New York State Supreme Court, obtaining a defense verdict on millions of dollars of alleged liability.
• Obtained a mandatory preliminary injunction in the U.S. District Court for the Southern District of New York after an abbreviated two-week discovery phase and a two-day evidentiary hearing on claims of breach of fiduciary duty, copyright infringement, and theft of trade secrets. This result was affirmed by the U.S. Court of Appeals for the Second Circuit.
• Obtained full monetary award and attorneys' fees after a week of FINRA arbitration hearings concerning a claim for repayment of a margin loan, and defeated substantial counterclaims for fraud, breach of fiduciary duty, and conversion.
• Conducted an American Arbitration Association employment arbitration on behalf of a former chief financial officer concerning breach of his separation agreement and employment contract, obtaining a full judgment on the contract and an award of attorneys' fees.
• Conducted an American Arbitration Association construction arbitration and substantially defeated claims by a former contractor on the grounds of defective performance.
• Conducted an International Chamber of Commerce arbitration under the laws of the State of India concerning breach of a license agreement.
• Represented privately held financial services companies in the pursuit of various business protection claims for improper customer solicitation and trade secret theft.
• Served as the defense in a shareholder’s derivative suit involving claims of fraud and breach of fiduciary duty. All claims were resolved in favor of the defendants, with an award of sanctions and fees.
• Represented the plaintiffs, and subsequently the Creditor’s Committee as special counsel, in an accounting malpractice action. Recovered millions of dollars for the bankruptcy estate.
• Represented an international technology company in cross-border simultaneous litigation to protect trade secrets, enforce restrictive covenants, and prevent unfair competition.
• Represented the plaintiffs in connection with RICO claims associated with a trading and barter company, including joint representation of the trustee in bankruptcy, resulting in successful settlement of all monetary claims.
• As a Foreign Associate in Nabarro’s international litigation and arbitration group in London, participated in litigation concerning the BCCI scandal.

Representative Corporate Law Matters

• Conducted a multi-million dollar sales process for Liquidating Trust Certificate and drafted bespoke purchase/sale documents for the sale of the certificate in the secondary SIPC claims trading market leading to a successful closing. Provided advice and counsel with respect to the sale of another such interest in the secondary market for a different client to a different buyer.
• Created joint venture arrangements (and all associated documents, including operating agreement, subscription agreement, licensing agreements, and employment agreements) for the expansion of an existing business into a new location with new operating partners and investors.
• Served as lead corporate architect on transaction involving the unwinding of a significant, decades old, joint venture arrangement in the air cargo industry.
• Provided corporate advice in connection with numerous airline related contracts.
• Negotiated a successful private investment by an industry-leading reinsurance brokerage firm in a newly formed specialty investment banking consulting firm (concentrated in the insurance and reinsurance space), including significant revisions to a complex operating agreement. Acted as general counsel for the investment banking consulting firm.
• Conducted the sale of a New York City boutique advertising firm to a European advertising firm, including handling the stock purchase agreement, employment agreements, and legal opinions and coordinating the work of the accountants, bankers, and foreign attorneys.
• Negotiated an employment contract for the President of a major international, publicly traded fashion company, including the stock option agreement and restricted stock grants.
• Negotiated a severance package and associated agreements for the Chief Marketing Officer of a $125 billion hedge fund.
• Numerous engagements advising with respect to employment agreements and separation agreements for senior employees and for businesses.
• Represented Numinus Wellness Inc. (OTCMKTS: NUMIF), a mental health care provider, in its $4 million sale of five of the company’s wellness clinics to Stella, an interventional psychiatry-focused practice. This transaction drew on the experience of the firm's corporate, tax, health care and life sciences, bankruptcy, commercial litigation, immigration, intellectual property, labor and employment, employee benefits and executive compensation, and technology, privacy, and data security attorneys.

*Certain experiences occurred prior to joining Dorsey.