Albert Shemmy Mishaan’s practice focuses on complex civil litigation. Shemmy represents companies, corporate boards, and individuals in a variety of complex commercial, securities, antitrust, tort, and bankruptcy-related matters. He has defended numerous class and individual actions in state and federal courts nationwide, and his clients operate in a wide range of businesses, including investment banking, real estate, technology, securities, and insurance. He has tried a number of cases in state and federal courts, and has conducted numerous private and FINRA and NASD arbitration proceedings. Shemmy also advises clients on regulatory issues involving the SEC, FINRA, and the FTC, as well as all aspects of litigation and dispute resolution.
Shemmy has been recognized by Best Lawyers.
- Former CEO and Chairman of Phoenixus AG and Vyera Pharmaceuticals in unprecedented Sherman Act claims in an antitrust action brought by the FTC and seven state Attorneys General in the Southern District of New York.
- Age Group in a multi-million dollar lawsuit against Martha Stewart Living Omnimedia for breaches of contract stemming from Martha Stewart Living’s interference with Age Group’s ability to fully exploit its bargained-for exclusive license to use the Martha Stewart brand on pet products. After successfully defeating motions to dismiss and for summary judgment, as well as subsequent appeals, the matter was resolved on the eve of trial.
- Advising a Special Purpose Acquisition Company (SPAC) in connection with investigations by the SEC and DOJ, and related litigation.
- Fairfax Financial Holdings, the largest insurance company in Canada, in recovering $31 million, including winning a jury verdict of $5.4 million in compensatory damages against hedge fund Exis Capital and a $5.5 million jury verdict in punitive damages against Exis Capital and two former executives in a New Jersey RICO case involving blatant insider trading, market manipulation and short selling attacks by hedge funds and investment firms. Defendant Morgan Keegan settled with Fairfax for $20 million shortly before trial. Fairfax secured additional settlements with other defendants.
- 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, established a separate company for MBIA’s municipal bond insurance business. After a several-week evidentiary proceeding, the New York Supreme Court upheld MBIA’s restructuring, and MBIA 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.
- Woodstock 50 in its highly publicized legal battle against its former financing partner Dentsu, a Japanese marketing and advertising company, which abruptly pulled its financing of the music festival celebrating the 50th Anniversary of the legendary 1969 Woodstock festival. The New York State Supreme Court agreed with Kasowitz in ruling that Dentsu did not have the right under the parties’ contract to unilaterally cancel Woodstock 50.
- Gerard Hug, the former Chief Executive Officer of SITO Mobile, a mobile data advertising company, in a federal securities fraud civil enforcement action brought by the SEC, alleging that Mr. Hug engaged in fraud by improperly charging expenses to corporate accounts, which caused the company to materially understate Mr. Hug’s executive compensation. The District Court of New Jersey granted Kasowitz’s motion to dismiss the complaint in its entirety.
- 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 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.