Martin R. Kafafian

Representative Matters

• • Representation of shareholders in a series of litigations before the United States District Court for the District of New Jersey and the New York Supreme Court, Commercial Division, concerning breach of fiduciary duty and related corporate mismanagement wherein the shareholders seek disgorgement under New York’s Faithless Servant Doctrine of cash compensation and a valuable option from the subject LLC’s chief executive.
  • Representation of the chief executive of various affiliated companies in defending against claims brought in the American Arbitration Association’s International Centre for Dispute Resolution by foreign shareholders claiming breach of fiduciary duty, corporate waste, and other mismanagement in connection with the development and management of real estate in Williamsburg and Greenpoint, Brooklyn.
  • Representation of the Managing Member of a New York LLC in defeating efforts by the majority owners to remove the Managing Member under certain default provisions of New York’s Limited Liability Company Law.
  • Representation of an oppressed shareholder of a leading fragrance-and-flavor importer/distributor, ultimately obtaining a verdict expelling the oppressing and controlling majority shareholders.
  • Representation of the developer of a niche alcoholic beverage concept in trade secret misappropriation and related claims against a leading competitor.
  • Representation of a supermarket in a Sherman Act antitrust claim brought against a market-leading competitor for conduct arising out of anticompetitive sham petitions which were designed to shut out competition and monopolize certain geographic markets.
  • Representation of a real estate developer in the United States Court of Appeals for the Third Circuit obtaining vacatur of a with-prejudice dismissal of Sherman Act antitrust claims brought against a market-leading tech company.
  • Representation of an athletic apparel brand in Lanham Act infringement and related claims against a Big10 Football program.
  • Representation of a native content advertising network in the United States Court of Appeals for the Third Circuit against a market-leading competitor in connection with Lanham Act and common-law unfair competition and related claims.
  • Representation of a billboard advertising broker in claims brought in the United States District Court for the Southern District of New York arising out of a leading Los Angeles billboard company’s unlawful refusal to pay commissions to the broker for procuring advertisers.
  • Representation of the homeowners in an upmarket development in defending against a federal lawsuit wherein a group claiming to be a sovereign tribal nation brought various property , RLUIPA and related civil rights claims.
  • Representation of a native content advertising network seeking to void an online advertising contract based upon efforts to drive up traffic through “click fraud,” which involved litigations in federal as well as state courts in New York and New Jersey.
  • Representation of a luxury department store chain in defending breach-of-lease claims arising out of closures occurring during the early days of the COVID-19 shutdown.

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