LAW OFFICE OF MICHAEL SCHNEIDER

 
 

Our primary areas of practice are the following:

 

Commercial Litigation

     The Law Office of Michael Schneider has extensive experience representing small businesses, individuals and not-for-profit organizations in a wide variety of matters in the state and federal courts. We have both prosecuted and defended complex lawsuits to completion, and we are adept at structuring creative settlements in order to obtain the best results for our clients.

     We have commenced and vigorously prosecuted actions to enforce the contractual rights of our business and individual clients against parties who have breached their obligations, as well as defending our clients against lawsuits alleging breach of their contractual rights. We have achieved successful results for our clients in contract disputes involving real estate, partnerships and joint ventures, investment instruments, insurance policies and asset sales, among other matters. These results include substantial monetary recoveries for our clients on the plaintiff side, and significant avoidance of liability for our clients who have been named as defendants.

     This firm has extensive experience litigating claims arising out of investment and business disputes, including claims of minority and oppressed shareholders and business torts. We have successfully represented equity investors in both public and private companies, including individuals and investment funds. We obtained a significant seven figure dollar settlement on behalf of a large group of individual investors in a successful technology company whose interest was significantly diluted as a result of self-dealing recapitalization transactions which benefitted the insider directors at the expense of our clients. Recently, we obtained a sizeable settlement recovery for our client whose exercise of stock warrants was wrongfully rejected by the issuer, a public company. We also have successfully litigated many disputes arising out of real estate transactions, including issues of title to and ownership of various interests in real property.

     We have particular expertise in representing parties who have been victimized by fraud. We have successfully represented many businesses and individuals in obtaining sizeable judgments, settlements and recoveries for our clients. For instance, we successfully represented a New York not-for-profit corporation in recovering large sums of money embezzled by the corporate director. We successfully represented an Asian corporation which was defrauded by the U.S. corporation with whom it contracted for services, and whose principal misappropriated close to a million dollars in our clients funds, tracing the diversion of its funds and obtaining judgments and injunctive relief against the recipients of such transfers. We succeeded in blocking a fraudulent and collusive mortgage foreclosure by a mortgagor related to the property holder which was designed to wipe out our client’s junior lien.

     This office has substantial experience litigating insurance claims on behalf of claimants, including property and life insurance claims. We have represented policyholders whose insurance claims were improperly denied by insurers, helping our clients to obtain the recoveries to which they were entitled under their policies. We have also represented insurance brokers and other parties in life settlement disputes and transactions relating to such disputes.
We have successfully litigated a variety of issues involving commercial transactions arising under the Uniform Commerical Code and otherwise, including the requisites of a valid security interest. See Micalden Investments, S.A. v. Rostropovich, 535 F.Supp.2d 433 (SDNY 2008). Our experience involves analyzing and applying the laws of multiple states to the vigorous representation of our clients. See Lewis v. Rosenfeld, 138 F.Supp.2d 466 (SDNY 2001).


Bankruptcy Reorganization, Litigation and Adversary Proceedings

     We have extensive experience in representing debtors, creditors and investors in chapter 11 bankruptcy cases. Michael Schneider began his career with Weil Gotshal & Manges in the bankruptcy department, where he was involved in some of the largest and most complex chapter 11 cases in the country. Since starting his own practice, Mr. Schneider has represented small businesses as chapter 11 debtors in possession, successfully confirming chapter 11 plans and successfully litigating disputed claims which threatened such debtor’s reorganizations. Additionally, we have represented numerous creditors in chapter 11 cases, assisting them to maximize their recovery on their claims. We have also represented numerous parties who were named as defendants in adversary proceedings in both chapter 11 and chapter 7 cases, including adversary proceedings seeking to avoid alleged fraudulent conveyances and preferential transfers. A further dimension of our bankruptcy practice is the representation of investors in the assets of distressed companies and claims against such companies.


Appeals

     This office has successfully handled appeals in the New York State Appellate Division as well as the United States Court of Appeals for the Second Circuit. We succeeded in persuading the Appellate Division to overturn the trial court’s dismissal of our client’s claims for breach of contract and fraud in connection with his granting of a release to the defendants relating to the parties’ joint venture. We successfully argued before the Second Circuit that the District Court’s refusal to overturn an NASD arbitration award in favor or our client was proper, and that the District Court’s imposition of Rule 11 sanctions were warranted on account of petitioner’s frivolous arguments, should be upheld. See Perpetual Securities, Inc. v. Tang, 290 F.2d 132 (2d Cir. 2002).


Business Transactions

     We have represented our individual and small business clients in a variety of transactional matters. These include sales of businesses and business interests, licensing agreements, joint venture and shareholder agreements and the preparation and negotiation of various types of business contracts.

Arbitration and Mediation

     The arbitration and mediation proceedings handled by this office include securities and construction arbitration matters, as well as mediation proceedings involving insurance coverage issues and other complex commercial disputes before JAMS and other well known providers of alternative dispute resolution services.

 

Law Office of Michael Schneider - 444 Madison Avenue - New York, New York 10022- Tel: (212) 888-2100- Fax: (212) 888-7306