Jesse Conan’s practice concentrates on complex commercial litigation in both state and federal courts at the trial and appellate levels. He represents domestic and international clients in connection with complex business disputes and class actions involving contract claims, fraud, products liability, RICO violations, unfair competition, theft of trade secrets, and other business torts. Mr. Conan regularly counsels clients in connection with employment related matters and securities disputes, including before the Securities and Exchange Commission. He also represents clients pursuing takings claims against the United States in the Court of Federal Claims.
- Prosecution of RICO claims against insurance brokers behind scheme to defraud and extort several European insurance companies;
- Defense of European insurance company in class action involving breaches of life insurance contracts with alleged aggregate damages of several hundred million dollars;
- Defense of credit default product company in breach of contract action concerning a credit default swap on a five billion dollar synthetic collateralized debt obligation;
- Defense of holding company and individual against claims for conspiracy to commit fraud in connection with an alleged “pump and dump” market manipulation scheme on London and German stock exchanges;
- Representation of senior-level employee of investment adviser in SEC investigation of alleged improprieties in the creation and marketing of collateralized debt obligations;
- Defense of rail track and transit systems construction company against wage and hour law claims;
- Prosecution of fraud and breach of contract claims against investment manager for misuse and conversion of large investment fund.
- Currently prosecuting takings claim against the United States arising out of the seizure and settlement of claims held by U.S. nationals against foreign government for acts of state sponsored terror.
The Firm is pleased to announce that on January 1, 2014, our associate Stacey A. Mesler became a partner in the Firm. She will continue to concentrate in tax law.
The Firm’s European client has faced years of litigation in the U.S., Switzerland, and Israel for purported breaches of complicated financial contracts. The Firm brought third-party claims against a U.K. resident, contending that the lawsuits were part of a RICO extortion scheme he controlled. The federal court for the Southern District of New York found the U.K. resident liable and enjoined him from participating in any future lawsuits against our client.
With sadness we note that our counsel and former partner Peter Van Nuys passed away on December 13, 2013. He will be missed by the Firm and his clients, and we extend our sincere sympathy to his family and loved ones.
The Firm won a two-week jury trial in New York State Supreme Court, prevailing on the client’s multi-million dollar contract claim and defeating the defendant’s counterclaim. The trial court reversed the jury’s ruling on the defendant’s counterclaim, awarding it $3 million. The Firm appealed that ruling. The Appellate Division, First Department, reversed the trial court’s order and vacated all damages awarded against our client.
The Firm served as international transaction counsel to International Finance Corporation (IFC), the private sector arm of the World Bank Group, and Corporación Andina de Fomento (CAF) in connection with a parallel equity investment in Avantel Acquisition Ltd. that closed in November 2013. IFC’s and CAF’s equity investments will be used to finance the development and expansion of Avantel S.A.S.’s 4G network in Colombia and are part of an equity capital raise by Avantel in which Appaloosa Management and the major shareholder of Avantel, Discovery Capital, also participated. The Firm’s representation of IFC and CAF included advice and assistance during negotiations, drafting of the respective subscription agreements, shareholders agreement and other related documentation and coordinating closing of the transaction with Avantel’s counsel in New York and IFC’s, CAF’s and Avantel’s counsel in Colombia and the British Virgin Islands.
The September 2013 issue of the IPBA Journal published the attached article by Kenneth J. Stuart called “General Solicitation and Advertising Is Now Permitted for US Securities Offerings.” IPBA Journal Sept 2013 – Stuart
The September 2013 issue of the IPBA Journal published the attached article by Chester B. Salomon called “UNICTRAL Forty-Third Session of Working Group V (Insolvency Law) at United Nations, 15-19 April 2013.” IPBA Journal Sept 2013 – Salomon
The firm obtained the dismissal of wage and hour class action claims brought against a domestic publicly-traded corporate client in New York State Supreme Court. The class claims sought a multi-million dollar judgment against the client on behalf of thousands of plaintiffs. After the trial court dismissed the case, the plaintiffs appealed to the Appellate Division, First Department. The firm’s attorneys persuaded the First Department to reject the appeal.
The firm successfully prosecuted a breach of contract claim involving computer software on behalf of a domestic, publicly-traded client. In a two-week jury trial in the Commercial Division of the New York Supreme Court, the firm prevailed in establishing that the defendant vendor provided false progress reports on the progress of the software development project. The jury awarded a multi-million dollar damages award.