New York Litigation and Appeals Lawyer

Shrewd.
Tough.
Imaginative.
Efficient.
And victorious.

These are the traits ascribed to Kaufmann Gildin’s litigation team, chaired by Daniel Gildin, a team whose skills and accomplishments are renowned throughout the United States.

Kaufmann Gildin understands that litigation is a high stakes endeavor. The outcome is often critical to the client’s future, sometimes even its ability to survive. Time, money and resources will be diverted to doing battle rather than doing business. And it means that Kaufmann Gildin will deploy all of its skill, experience and tactics in a manner that is strict and harsh for your adversary while efficient and economic for you.

If you are a plaintiff, this means swiftly analyzing the dispute at hand and your likelihood of success in litigation. It means, when necessary, getting to a judge in a matter of hours or days to obtain temporary restraining orders, preliminary injunctions and other forms of relief necessary to protect and advance your position even before the underlying case goes forward. It means amassing overwhelming evidence through skillful discovery and depositions. It means staying at your side throughout the litigation process, advising you at every turn, presenting options for your informed selection and seeking to prevail at every juncture, from the first appearance before the judge through verdict and final appeal. With great efficiency. And with Kaufmann Gildin’s knowledge that every dollar diverted to litigation is a dollar less that you have for other, more fruitful endeavors.

If you are a defendant, Kaufmann Gildin swiftly digests the nature of the case against you, analyzes the grievances and disputes which gave rise to the lawsuit and devises the strategy best tailored to minimize your legal fees and maximize your ability to prevail unscathed. Sometimes this means swiftly trying to get you out of the case at its inception through a penetrating motion to dismiss. Other times it means seeking to fatally decimate your adversary’s case through motions, discovery and depositions, such that the need for a trial is eliminated altogether. Finally, it may be that strategically delaying and frustrating your adversary’s litigation thrust (within the rules) is called for. Regardless of the ultimate strategy pursued, Kaufmann Gildin’s seasoned team of litigators will be at your side throughout the process, seeking to maximize your chances of ultimate success while minimizing the time, expense and diversion that lawsuits engender.

Kaufmann Gildin’s litigation record is replete with favorable results. Even in “cases of first impression” involving issues or disputes never before heard or decided by the particular court in question. Among Kaufmann Gildin’s litigation accomplishments:

• Successfully defending one of the largest franchise fraud lawsuits ever commenced in this country, which sought over $50 million (plus interest and attorneys’ fees) from one of America’s largest guest lodging franchisors; its corporate owner; and, its chairman of the board (in his individual capacity). First, Kaufmann Gildin’s litigators swiftly defeated two sets of franchisee motions for temporary restraining orders and preliminary injunctions. Then, toward the conclusion of the jury trial – – and only because the judge suggested to the franchisee-plaintiff that it was headed for defeat and urged Kaufmann Gildin to offer some token amount just to close out this massive proceeding – – the action was settled for an amount so paltry that, rounded to the nearest million, it would be $0.
• Successfully intervening to avoid the criminal indictment of one of our nation’s largest “quick serve restaurant” franchisors over charges that by failing to enforce its franchise agreement, that franchisor became a criminal co-conspirator in its franchisee’s felonious conduct.
• Serving as the International Franchise Association’s counsel in the filing of amicus curiae briefs in critical franchise-related proceedings around the country.
• Successfully obtaining the dismissal of a franchisee lawsuit against the Chairman of the Board of the Union Carbide Corporation – – going all the way to New York’s highest court, the Court of Appeals, to do so in a record setting decision – – while simultaneously eliminating so much of the balance of the franchisee-plaintiffs’ action through motions to dismiss that the case ultimately was settled in a manner most satisfactory to the client.
• Obtaining a “defendant’s verdict” (that is, a verdict completely absolving the defendant of all wrongdoing and releasing him) in a multimillion dollar action brought against a very well known entertainer whose one man show on Broadway remains the longest running “straight play” in Broadway history – – and who was sued for allegedly violating an agreement to present that show at another theatre.
• Recovering for investors each and every one of the almost $3 million they had been persuaded by one of New York’s largest brokerage houses to invest in an extremely arcane type of security. The brokerage house in question was shocked and our clients thrilled, since 29 earlier proceedings complaining of the same investment, brought against the same brokerage house and lawyered by some of the most prestigious counsel in the country, all had been unsuccessful, with not a single penny awarded.
• Eliminating through summary judgment all but one of the claims brought by a sandwich shop franchisee against its franchisor – – and then settling the entire multimillion dollar action for a paltry $55,000.
• Successfully defending a Geneva-based securities broker whom the Securities and Exchange Commission accused of being the “ringleader” of a massive international “insider trading” scheme. Each of our client’s 32 co-defendants either had harsh judgments entered against them or consented in advance to same, with large monetary penalties and, in the case of securities industry professionals, a vast amount of “down time” (suspension from the business for a period of years). On the eve of trial, the SEC released our client – – the last remaining defendant – – who only had to pay a small civil fine, never admitted to any wrongdoing whatsoever and suffered not one minute of “down time”.
• Successfully defending, and obtaining dismissals of, federal and state investigations of franchisors alleged to have engaged in fraud or violations of franchise laws (and other companies alleged to be “franchisors” who, in fact, were not covered by franchise laws at all).
• Routinely securing preliminary injunctions, judgments and ancillary orders necessary to shut down the operations of terminated franchisees; securing (when the contract permits) those franchisees’ locations, telephone numbers, client lists and inventory; and, ensuring that the now-terminated franchisee abides by all pertinent covenants not to compete and never, ever utilizes its franchisor’s confidential information, systems and techniques.

Clients dread litigation fees. We know it. And we know why. At the end of the day, even if the client wins outright, it feels that it received what it was legally entitled to in any event, but only following the expenditure of litigation fees.

That’s why Kaufmann Gildin makes every effort to minimize the legal fees and other costs associated with litigation. We don’t overstaff a litigation project with many attorneys when only one or two will suffice. When Kaufmann Gildin suggests strategy, it also estimates for you what it will cost to pursue that strategy – – and what other, less expensive options may be available. And when swift and shrewd tactics can be deployed to prevail at minimal expense, rest assured that those tactics will be pursued.

After all, we have a reputation to protect. A litigation record known coast-to-coast. And a reputation among our clients for efficiency and results.