Slarskey LLC 2018 Practice Highlights

SLARSKEY LLC / 800 Third Avenue / 18th Floor / New York, NY 10022
December 18, 2018

Dear Friends,
As 2018 comes to a close, we would like to share some of our yearend highlights with you, as
well as our direction for 2019.
This was a hallmark year: we have achieved victories in court, in arbitration, in mediation, and
we have resolved various matters even without initiating litigation. Most importantly, we are
building upon the perspective that we bring to our clients, focusing them on how to see
“litigation as an asset.” We remain deeply committed to taking a strategic, portfoliobased
approach to risk/reward analyses in the exercise of legal rights and the resolution of legal
disputes: for plaintiffs in commercial litigation, we align ourselves with our clients through a
diverse range of billable, contingent, and hybridfee litigation. For defendants, we look to
optimize results in reducing exposure and liability.
2019 holds a great deal of promise. We are representing a number of plaintiffs with complex
claims: misappropriation and breach of contractrelated claims in a $200 million pharmaceutical
deal; a shareholder and derivative dispute concerning a litigation finance company; a partnership
dispute related to a landmark NYC steakhouse; and appellate work on an issue of first
impression related to the enforceability of an easements asserted against one of the few vacant
lots in SoHo. We are planning for growth, and looking for new opportunities to assist clients.
2018 Practice Highlights:
● Royalty Litigation: We filed federal class claims against Cengage on behalf of textbook
authors, related to underpayment of royalties and Cengage’s new unlimited access
business plan. Highlight: Successfully resolved within six months, prior to discovery.
The action was covered by Inside Higher Education , Forbes , and TheBookSeller .
● Commercial Misappropriation: We filed claims related to a pharmaceutical
accelerator’s misappropriation of our clients’ data concerning the treatment of a rare,
fatal, degenerative disease, which led to a $200 million pharmaceutical transaction.
Highlights: Our Nevadabased clients, and the litigation, have been featured in the Reno
Gazette and in this Forbes story .
● M&A Litigation: We represent an internet media startup in litigation over unfair
competition and misappropriation of data by a wellknown internet media company in the
New York State Supreme Court, Commercial Division. Highlights: In discovery, we
determined that Defendant had destroyed millions of documents, warranting our
sanctions motion. Based on information elicited in discovery, we have moved to amend
new parties, with theories of fraudulent conveyance, alter ego and successor liability.

SLARSKEY LLC / 800 Third Avenue / 18th Floor / New York, NY 10022

● Real Estate Arbitration: We represent the owner of one of SoHo’s few remaining
vacant lots in disputes related to an unrecorded easement allegedly burdening the
property. Highlight: In arbitration, we successfully recovered on a title insurance claim,
including our client’s attorneys fees. We are now seeking to invalidate the easement
through the courts.
● Landmark Restaurant Disput e: We represent a minority shareholder in a derivative
action related to a landmark New York City steakhouse, where the operating partners
have been engaged in various forms of corporate misconduct. Highlight: We have been
called in, with discovery substantially complete, to take the matter through trial.
● Litigation Funding Dispute: We brought direct and derivative claims against a partner
in a litigation finance company, over claims concerning defendant’s freeze out of his
partners, looting of corporate funds, and conversion of firm technology for personal use.
Highlight: We filed suit in November 2018 in the New York State Supreme Court,
Commercial Division.
● High Net Worth ERISA Dispute: We represented a party in litigation and mediation
over beneficiary rights to a 401(k) account. Highlight: After discovery, we resolved the
dispute through mediation, with the defendant signing over the ERISA account and
paying damages to our client.
● General Counsel: We provide ongoing support to several growing startups in the area of
employment disputes, contracts, and general legal advice. Highlights: Our clients are
growing, taking on new staff, and achieving results that we are proud to contribute to.
● Pro Bono: We asserted First Amendment rights to afford our client the right to display a
Menorah on public land in the Village of Bronxville, New York, after years of the town
refusing their requests. Highlight: We successfully achieved the client’s objectives
without litigation. Our letter to the town can be found here .
● Thought Leadership: We hosted and participated in learning opportunities concerning
the recoverability litigation funding, alternative fee arrangements, the recovery of
attorneys fees in litigation, and trends in ediscovery. Highlight: Hosted a multipart CLE
series, with industry leaders from Burford Capital, Brickell Key Asset Management,
Westfleet Advisors, GLS Capital, and Professor Anthony Sebok. Link: Webinar Series .
We wish you a happy and healthy holiday season and look forward to a successful 2019.
Very truly yours,
David Slarskey

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SLARSKEY LLC / 800 Third Avenue / 18th Floor / New York, NY 10022

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