Albert Shemmy Mishaan’s practice focuses on complex civil litigation. Shemmy represents investment banks, chemical companies, real estate developers, technology companies, securities firms, insurance companies and individuals in a variety of complex commercial, securities, antitrust, tort and bankruptcy-related matters. He defends numerous class actions and individual actions in state and federal courts nationwide. He has also tried a number of cases in federal court in New York and has conducted several private and National Association of Securities Dealers arbitration proceedings. Shemmy also advises clients on all aspects of litigation and dispute resolution.
Work Highlights
- Age Group in a multi-million dollar lawsuit against Martha Stewart Living Omnimedia for breaches of contract stemming from Martha Stewart Living’s attempt to interfere with Age Group’s ability to fully exploit its bargained-for exclusive license to use the Martha Stewart brand on pet products.
- Fairfax Financial Holdings Limited, a Canadian insurance holding company, in a $6 billion New Jersey RICO action arising out of a short-selling attack on Fairfax and its operating subsidiaries by a group of hedge funds and their operatives in collusion with certain purportedly independent securities analysts.
- MBIA, one of the world’s largest monoline insurers, in litigation brought by 18 of the world’s largest banks seeking to overturn MBIA’s corporate restructuring which, with the approval of the New York Department of Insurance (now the Department of Financial Services), established a separate company for MBIA’s municipal bond insurance business. After a several-week evidentiary proceeding, the New York Supreme Court ruled in favor of MBIA, upholding MBIA’s restructuring. The banks agreed to drop their challenge to MBIA’s restructuring, and MBIA then received $1.7 billion in cash and a $500 million line of credit for its municipal bond insurance business.
- The bankruptcy estate of Lehman Brothers Holdings with respect to the investigation and possible prosecution of certain litigation against third parties regarding claims for interference with, and damage to Lehman’s business prior to its filing for bankruptcy protection.
- Frank Stronach, former Chairman of Magna Entertainment, in connection with claims asserted by the Official Committee of Unsecured Creditors in the Magna Entertainment bankruptcy against Mr. Stronach, other directors and officers of Magna Entertainment, and Magna Entertainment’s majority shareholder and largest secured creditor, MI Developments Inc., for alleged breaches of fiduciary duties and other claims.
- SL Green Realty and Aqueduct Development Partners in an action against Delaware North Companies Gaming and Entertainment, arising from Delaware North's alleged breach of its contractual and fiduciary obligations to SL Green in connection with the parties' agreement to jointly submit to New York State a bid for the rights to operate Video Lottery Terminals at Aqueduct Racetrack. The complaint, filed in New York State Supreme Court, alleges, among other things, that Delaware North secretly prepared and improperly submitted a competing bid in violation of its contractual and other obligations.
- Fortress Credit and FCOF UL Investments, affiliates of asset manager Fortress Investment Group, in an action relating to the issuance of a legal opinion letter by Dechert in connection with a sham transaction put together by disbarred attorney Marc S. Dreier.
- FIG, an affiliate of Fortress Investment Group, in an action in the United States District Court for the Southern District of New York brought by Leslie Dick Worldwide and Leslie Dick, which sought over $1 billion in damages for alleged RICO and antitrust conspiracies, concerning the sale of the General Motors Building in New York City and the Conseco bankruptcy. We successfully obtained the dismissal of the claims against Fortress.
- Massachusetts General Hospital in connection with a lawsuit improperly brought against the Hospital in federal court in New York by the family of a prominent television producer, obtained the dismissal of the action in its entirety, and successfully briefed and argued the appeal before the Second Circuit Court of Appeals affirming that dismissal.
- Strategic Minerals in actions brought in federal court in New York under the Alien Tort Claims Act for alleged improper activities in South Africa. The claims against Strategic Minerals were dismissed in their entirety.
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