Russell Bogart

Appeals

• Persuaded the United States Court of Appeals for the Second Circuit to reverse the dismissal of claims for fraud against some defendants and for partnership liability against another defendant. The Second Circuit recognized an exception to the rule that there must be an explicit agreement to share losses for there to be partnership liability because the co-venturers did not reasonably anticipate losses based upon their business arrangement involving the solicitation of financing for their client.
• Persuaded the Appellate Division, First Department to reverse the Commercial Division’s dismissal of a complaint seeking an award of attorneys’ fees due to the defendant’s breach of a forum selection clause. The First Department recognized a narrow exception to the American Rule – which deems attorneys’ fees a mere incident of litigation and not recoverable by the prevailing party absent an express contractual agreement providing for their recovery – in cases involving forum selection clauses.
• Persuaded the Appellate Division, First Department to reverse the dismissal of an investor’s fraud claims against an accountant and an accounting firm for their roles in soliciting investments into a Madoff feeder fund operated out of the accounting firm. The client was represented by a large regional firm in the lower court when his entire case was dismissed.
• Prevailed in a number of appeals on behalf of a governmental agency involving issues of criminal and constitutional law.

Commercial and Federal Litigation

• Successfully resolved a $65 million breach of warranty claim filed by one of the world’s largest cosmetics companies after the conclusion of fact discovery. Obtained spoliation sanctions against the plaintiff and an order requiring an independent forensic examination of the email accounts belonging to the cosmetic company’s key custodians.
• Saved a publicly traded company more than ten million dollars with respect to breach of contract claims by demonstrating that the alleged agreements violated the antitrust laws (the Sherman Act and the Cartwright Act) and constituted unlawful restraints on trade in violation of Cal. Bus. & Prof. Code §16600.
• Served as first-chair trial counsel for the procurement of a $3 million judgment for fraud and breach of contract against an international marine transport company in the United States District Court for the Southern District of Florida.
• In a FINRA matter, obtained a seven-figure settlement on behalf of a publicly traded company against several registered broker dealers for claims of gross negligence, breach of fiduciary duty and fraud regarding a failed private placement.
• Obtained a temporary restraining order in New York State Court prohibiting an accounting firm, a successor entity, and a garnishee from dissipating $4.5 million in assets until the court held an attachment hearing in a fraud case arising out of the Madoff Ponzi scheme.
• Obtained a $1.2 million judgment arising out of the breach of a factoring agreement and a personal guarantee in the Commercial Division, New York County.
• Successfully represented bankruptcy trustees in recovering millions of dollars against national law firms, big four accounting firms, former directors and officers, banks, and casinos.

Copyright, Trademark and Patent Cases

• Prosecuting multiple Lanham Act and Copyright Claims on behalf of three prominent wedding and prom dress manufacturers against online counterfeiters and against several internet service providers for contributory liability which has resulted in the seizure of millions of dollars in assets around the globe.
• Rapidly obtained a large financial settlement, with extensive equitable relief, on behalf of the owner of the rights to the most watched animated character on the internet, upon filing claims of trademark and copyright infringement.
• Negotiated a favorable resolution of a patent infringement suit prosecuted by an AmLaw 25 law firm.
• Swiftly procured a successful resolution of trademark claims prosecuted against a holdover licensee.
• Successfully defended multiple product manufacturers in copyright infringement claims.
• Represented screenwriters and producers against studios with respect to claims of copyright infringement, idea theft and breach of contract claims.

Employment and Whistleblowing Cases

• Obtained a seven-figure settlement upon filing a whistleblower claim before the United States Department of Labor alleging retaliation in violation of the Taxpayer First Act, the Sarbanes Oxley Act and the Criminal Antitrust Anti-Retaliation Act.
• Obtained the first decision issued by a federal district court holding that the Sarbanes-Oxley Act’s whistleblower provisions protect former employees who report corporate fraud after the termination of their employment.
• Successfully prosecuted claims by an employer against the company’s former senior management for their misappropriation of confidential information and corporate opportunities.
• Obtained the dismissal of a plaintiff’s claims, and the payment of attorney’s fees, after demonstrating during a hearing held in federal court that the plaintiff had manipulated electronic data in support of his claim that his employer had failed to convey to him stock options worth millions of dollars.
• Obtained a prompt and favorable settlement of a racial discrimination claim brought by a physician against her federal employer. Before retaining Mr. Bogart, the doctor had lost two administrative hearings and had her medical privileges suspended. Upon the negative information being expunged from her file as part of the settlement, she was then hired as the director of a different federally operated medical facility.
• Procured the dismissal of a federal sexual harassment and retaliation suit filed against a prominent physician after the plaintiff accused him of sexual harassment in the tabloids.
• Recovered millions of dollars for employees by prosecuting various statutory discrimination and retaliation claims against their former employers.