EDUCATION
Columbia University School of Law – Juris Doctor – 1995. Harlan Fiske Stone Scholar 1992-93; Journal of Transnational Law 1993-94; Atlantic Legal Foundation Fellowship 1994-95; Moot Court Semi-Finalist 1993-94State University of New York at Stony Brook – Master of Arts – European History – 1992
Boston University – Master of Science – Business Administration – 1984
U.S. Military Academy, West Point, NY – Bachelor of Science – Nuclear Engineering – 1981
ADMISSIONS
U.S. Supreme CourtU.S. Courts of Appeals for the Second and Third Circuits
U.S. District Courts for the Southern and Eastern Districts of New York
New York State Courts
Florida State Courts
William J. Hine
Partner
V-Card
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William J. Hine Representative Matters
- In re Application of Mauricio Mota For An Order To Take Discovery For Use In Foreign Proceedings Pursuant to 28 U.S.C. § 1782, No. 19-mc-573 (KPF) (S.D.N.Y.), No. 19-mc-369 (UNA) (D. Del.) – represented Brazilian client seeking discovery of documents located in the United States from several U.S. corporations and financial institutions relating to foreign litigation concerning the alleged expropriation of billions of dollars of public funds by large Brazilian-based meat producer, JBS, and its controlling shareholders.
- North Shore Window & Door, Inc. v. Andersen Corporation and Fenetres MQ Inc., 19-cv-6194 (ENV)(ST) (E.D.N.Y.) – represent plaintiff distributor in cross-border lawsuit against multi-national luxury window manufacturers (from the U.S. and Canada) concerning the enforcement of a multi-state exclusive distributorship agreement and claims under various state franchisee protection statutes.
- In the Matter of Axon Enterprise, Inc. and Safariland, LLC, No. 9389 (F.T.C.) – served as conflicts counsel for manufacturer of body-worn cameras and law enforcement technology in connection with third-party discovery (including third-party depositions) and trial work in litigation before the U.S. Federal Trade Commission.
- In re the Financial Oversight and Management Board for Puerto Rico, No. 17-BK-3283 (LTS) (D.P.R.) – served as conflicts counsel representing a bondholder group in Promesa Title III litigations concerning claims relating to the validity of multi-billion dollar bonds issued by the Employees Retirement System of the Government of the Commonwealth of Puerto Rico.
- In re Interest Rate Swaps Antitrust Litigation, No. 16 MD 2704 (PAE) (S.D.N.Y.) – represented eleven international financial institutions as conflicts counsel for third-party discovery, coordinating with several major law firms, in multi-billion dollar antitrust litigation involving claims of an alleged conspiracy to prevent competition in the trading of interest rate swaps.
- Piroozian v. Homapour, Index Nos. 602091/2018, 608279/2018, 611064/2018, 617286/2018 (Sup. Ct. Nassau County (Commercial Division)) – represented individual member of limited liability company in multiple related cases and appeals asserting claims for, inter alia, LLC dissolution, specific performance and breaches of fiduciary duties against the managing member with respect to commercial warehouse valued at over $20 million.
- Rubin v. Hodes, Index No. 611503/2018 (Sup. Ct. Nassau County (Commercial Division)) – defended three companies, CEO and COO against claims of common law and securities fraud, breaches of promissory notes and related claims asserted by former investor/lender.
- Secured Capital Partners, LLC v. Wansdown Properties Corp., N.V., Index No. 150780/2018 (Sup. Ct. N.Y. County) – successfully defended foreign owner of historic $20 million Manhattan townhouse against improperly asserted lis pendens and claims of specific performance of sale contract, securing dismissal of entire case, vacatur of lis pendens, and award of attorneys’ fees.
- Hernandez v. K-W 650 Associates, LLC, Index No. 703835/2020 (Sup. Ct. Queens County) – successfully defended building sponsor sued in personal injury action alleging, among other things, violations of New York Labor Law §§ 200, 240, and 241.
- Rubenstein v. Chin, et al., No. 18-CV-07812 (LAP) (S.D.N.Y.) – successfully defended foreign CEO of publicly-traded U.K. solar energy company and Australian institutional investor against corporate insider short-swing profit claims under Section 16(b) of the Securities Exchange Act of 1934, securing withdrawal of all claims against our clients in response to our motion to dismiss.
- In re Anthracite Capital, Inc., No. 10-11319 (Bankr. E.D.N.Y.) – successfully represented on a contingency fee basis the trustee of a bankrupt REIT in bringing claims of, inter alia, breach of fiduciary duty, breach of contract, and fraudulent transfer against BlackRock Financial Management, Inc. and individual BlackRock defendants arising from investments in commercial mortgage backed securities (CMBS) and related instruments, ultimately resulting in a substantial settlement for the estate.
- In re Caesars Entertainment Operating Co., No. 15-01145 (ABG) (Bankr. N.D. Ill.) - represented Noteholder Committee in various litigations relating to claims against bankruptcy casino operating company and high net-worth individuals holding interests in entities related to the debtor.
- Biocon Limited v. Abraxis Bioscience, Inc., No. 16 Civ. 6894 (RMB) - defended drug manufacturer against allegations arising from licensing and distribution agreement that manufacturer terminated due to diversion of drugs to black market distributors. Defeated motion for injunctive relief seeking to prevent termination of agreement.
- In re Lehman Brothers Holding Company, Inc., No. 08-13555 (JMP) (Bankr. S.D.N.Y.) - represented bankruptcy estate in complex trial and related proceedings involving multi-billion dollar claims arising out of the bankruptcy court-approved sale of Lehman’s North American broker-dealer business to Barclays Capital. Briefed and argued multi-million dollar summary judgment motion related thereto.
- Toledo Fund, LLC v. HSBC Bank USA, N.A., No. 1:11-CV-7686 (KBF)(RLE) (S.D.N.Y.) – represented bank in securing dismissal on summary judgment of claims brought by investor fund concerning investments in accreting strike call options.
- Goode LAX Holdings LLC v. Lacrosse Unlimited, Inc., et al., Index No. 650812/2015 (Sup. Ct. N.Y. County) - represented lender in proceedings to enforce promissory note and related contracts. Briefed and argued motion for summary judgment.
- In re Soundview Elite Ltd., No. 13-13098 (REG) (Bankr. S.D.N.Y.) - represented trustee of bankruptcy estate in, inter alia, adversary proceeding concerning redemption of debtor’s investment in complex "fund of funds" structure. Successfully briefed and argued motions for preliminary injunction, summary judgment, and contempt and in opposition to motion to withdraw the reference and to remove the trustee, as well as a number of appeals related thereto. Also represented trustee in connection with investigation of fraud and fiduciary breaches and in proceedings related thereto.
- In re Alpha Natural Resources, Inc., No. 15-33896-KHR, (Bankr. E.D. Va.) — represented debtors in connection with negotiations and potential litigations with state and federal environmental regulators and interest groups with respect to reclamation of surface coal mining activities. Also, represented debtors in appeals relating to Key Employee Incentive Program (KEIP) issues.
- Amromco Energy, LLC v. Amromco Holdings LP, JAMS Ref. No. 1425011836 – represented certain sellers in a mediation involving alleged breaches of contract arising from the sale of Romanian oil and gas business and related rights to access state-owned oil and gas reserves. Successfully negotiated settlement of dispute.
- Wright v. SiriusXM Radio Inc., No. 8:16-cv-01688-JVS-JCG (C.D. Cal.) - represented SiriusXM in connection with putative class action asserting claims related to the sale of “lifetime” subscriptions for satellite radio services.
- Lehman Brothers Holdings Inc. v. Nomura Int’l PLC, No. 08-13555 (JMP) – represented bankrupt estate in adversary proceeding concerning claims under currency swap agreements involving disputed amounts owed upon early termination. Negotiations resulted in settlement of dispute.
- United States v. Baig, et al., CR-13-351 (E.D.N.Y.) – represented Seven-Eleven, Inc. in connection with U.S. Attorney investigation into alleged harboring of illegal aliens and identity theft by 7-11 franchisees.
- Madison Square Garden, L.P. v. National Hockey League, et al., No. 07 CIV. 8455 (LAP) (S.D.N.Y.) – antitrust lawsuit against professional sports league concerning, among other things, the rights of teams to exploit internet-related revenue streams.
- In re Royal Group Technologies Securities Litig., No. 04 Civ. 9809 (HB) (S.D.N.Y.) – represented former CEO of Canadian building materials company against securities law and other claims in putative U.S. class action.
- Bais Yaakov of Spring Valley v. Houghton Mifflin, et al., No. 7:13-CV-4577 (KMK/ LMS) (S.D.N.Y.) – defended educational testing company (ETS) in putative class action involving claims under the Telephone Consumer Protection Act (TCPA) and related consumer protection statutes.
- Honeywell Int’l, Inc. v. Air Products & Chemicals, Inc., C.A. No. 20434 (Del. Ch. Ct.) – successful opposition to application to enjoin pending merger of large chemical companies based on alleged breaches of strategic alliance and related agreements.
- In re Enron Corporation, No. 03-09266 (AJG) (Bankr. S.D.N.Y.) – member of team representing Royal Bank of Scotland in adversary bankruptcy proceeding and related class action and other lawsuits arising out of Enron scandal.
- In re Sunopta Inc. Securities Litig., No. 1:08-cv-00933-PAC (S.D.N.Y.) – represented Canadian company and individual officers in putative class action asserting securities law claims and parallel claims in proceedings before Canadian courts.
- Personnel Dept., Inc. v. CareerBuilder, LLC, No. 2:08-cv-59 (D. Vt.) – represented defendant against allegations of misappropriation of trade secrets and related claims involving internet-based resume writing and evaluation service.
- Confidential SEC Investigation – represented audit committee of technology company in connection with SEC investigation into alleged bonus and accounting improprieties.
- Verizon New York, Inc. v. CWA, et al., No. 11/109224 (Sup. Ct. N.Y. County) – represented company in seeking injunction against illegal acts of striking unions.
- Kirby v. International Coal Group, Inc., C.A. No. 6464-VCP (Del. Ch. Ct.) – defended coal company in Delaware and W.Va. courts against attempts to enjoin merger.
- Nordic Residential Partners, LLC v. Cordoba, Ltd., C.A. No. 1089-N (Del. Ch. Ct.) – represented executors of bankruptcy estate in this and other lawsuits involving allegations of fraud arising from real estate development and housing projects in New York City.
- Abu Dhabi Commercial Bank P.J.S.C. v. Credit Suisse Securities (USA) LLC, et al., Index No. 115417/10 (Sup. Ct. N.Y. County) – defended individuals in case involving alleged fraud and other allegations concerning structured investment vehicle.
- Wu v. Pindar Vineyards, Index No. 18-cv-05672-ARR-CLP (E.D.N.Y.) – defended several wineries (in this and other cases) against claims under Americans with Disabilities Act (ADA) concerning accessibility of company websites for blind users.
- Spa Week Media Group, Ltd. v. Patel, Index No. 656471/2018 (Sup. Ct. N.Y. County) – investigated and prosecuted fraud, breach of contract and equitable claims on behalf of health/beauty industry clients with respect to nationwide sale and redemption of gift cards by numerous out-of-state companies and individuals.
- Consolidated Edison, Inc. v. Northeast Securities, No. 01 CV 1893 (S.D.N.Y.) – billion dollar litigation involving alleged breach of “material adverse change” provision in merger agreement in utilities industry.
- In re Nazi-Era Cases Against German Defendants Litig., No. 98-4104 (D.N.J.) – represented foreign corporations in this, and many other, putative class actions asserting Alien Tort Claims Act and other claims arising out of Nazi forced labor practices.
- Artal Nederland B.V. v. Hoechst Schering AgrEvo GmbH, No. 2087 (Netherlands Arbitration Institute) – international arbitration involving claims arising out of corporate auction in the bio-technology industry.
- RGC Int’l Investors, Inc. v. Greka Energy Corp., C.A. No. 17674-NC (Del. Ch. Ct.) – lawsuit and trial involving claims by preferred shareholders of oil company concerning their rights in a corporate merger.
- In re Assicurazioni Generali S.p.A., MDL No. 1374, M 21-89 (S.D.N.Y.) – represented foreign insurance company in this, and other, putative class actions and other lawsuits concerning Holocaust-era insurance claims and in proceedings before the International Commission on Holocaust-Era Insurance Claims.
- Pembrooke Calox, Inc. v. Greka Energy Corp., Index No. 604905/99 (Sup. Ct. N.Y. County) – defended oil company in lawsuit and trial concerning real estate sale and mineral rights agreement.
- U.N.I.T.E. v. The May Department Store Co., No. 97 Civ. 3120 (S.D.N.Y.) – defended company against claims by union concerning alleged violation of Proxy Rules.
- Farmer-Paellmann v. New York Life Ins. Co., No. 02 CV 1862 (S.D.N.Y.) – represented insurance company and others in this, and several other, putative class actions arising out of claims involving American slavery and related practices.
- Centragas v. Techint Construction Corp., File No. 10690 (International Chamber of Commerce) – international arbitration respecting contractual claims concerning pipeline construction project in Colombia, South America.
- In re Terex Corp., File No. C-2729 – SEC investigation involving alleged accounting irregularities and securities law violations, including Wells Submission and settlement.
- Accent Associates v. Wheatley Construction Corp., Index No. 98-015694 (Sup. Ct. Nassau County) – lawsuit involving claims under construction contract.
- Kerbis v. Wheatley Construction Corp., Index No. 98-029763 (Sup. Ct. Nassau County) – construction contract lawsuit, involving compliance with contract specifications.