- J.D., Boston University School of Law, 1989, cum laude
- B.A., Tufts University, 1986, cum laude
- New York
- U.S. Supreme Court
- U.S. Court of Appeals – Second Circuit
- U.S. District Court – Southern and Eastern Districts of New York
Mr. Friedman is a partner in the Business Trial and White Collar Practice Groups in the firm's New York office. He heads the Business Trial Practice Group in New York.
Areas of Practice
Mr. Friedman focuses his practice on business and corporate litigation matters. He has particular experience in the areas of securities litigation, internal investigations, corporate trust litigation, real estate litigation, director and officer liability, bankruptcy litigation, restrictive covenants and intellectual property. He has tried cases involving and counseled clients concerning the protection of trade secrets, computer software theft allegations, false advertising and alleged securities law violations. He has achieved successful outcomes in the major international arbitral forums. He has also handled maritime disputes on behalf of shipping companies and creditor's committees.
Mr. Friedman has tried over sixty cases and regularly represents financial institutions, technology companies, internet marketers and litigation trustees in significant business disputes.
He speaks and writes extensively on various litigation topics and is widely quoted in the legal and mainstream press.
Prior to entering private practice, Mr. Friedman was a Senior Trial Attorney in the Homicide Bureau of the Kings County District Attorney's Office.
- New York Super Lawyer, Super Lawyers, 2010-2014
- "The Burton Award for Legal Achievement," The Burton Foundation, in association with the Library of Congress, 2008
- 1985 Academic All-American Football Team, 2nd Team
Won a four-week jury trial for one of the largest manufacturers of OTC pharmaceuticals in a false advertising case arising out of comparative statements. Also prevailed on counterclaims.
Defended Fortune 500 company in a federal jury trial involving copyright infringement, trade secret and unfair competition claims. Case settled favorably during cross-examination of plaintiff's second witness.
Obtained multi-million dollar settlement on the eve of trial and full dismissal of a ten figure counterclaim after winning a Daubert motion and other pre-trial rulings.
Won complete dismissal of nationwide consumer class action against financial services companies arising of marketing practices.
Obtained preliminary and permanent injunction for international computer networking company in raiding case.
Represented major publisher and direct marketer in a $20 million jury trial in New York State Supreme Court arising out of breach of contract allegations. Obtained favorable settlement while the jury was deliberating.
Won dismissal of all substantive claims against major bank acting as servicer in RMBS deal.
Won an 18-day trial on behalf of a toy manufacturer in a dispute over license fees with an inventor of a famous toy product.
Won a trial in bankruptcy court on behalf of a regional retailer in a challenge to the purchase of leases.
Won dismissal of tort claims in an enterprise resource procurement dispute on behalf of an international technology company leading to a favorable settlement.
Defeated temporary restraining order and preliminary injunction on behalf of a mezzanine lender in connection with a large real estate development project in Brooklyn.
Won injunctive relief on behalf of a large manufacturer in a lease dispute.
Obtained settlement for major bank involving complete dismissal of claims and payment of legal fees after winning pre-trial rulings.
Defeated $50 million attachment motion after an evidentiary hearing and won complete pre-answer dismissal on behalf of international shipping company.
Obtained dismissal of fraud and tortious interference claims against a large computer software company.
Obtained dismissal, with prejudice and with no payments to plaintiff, of a non-solicitation and breach of fiduciary duty lawsuit against former employees of a computer networking company.
Representing several creditor's committees, post-effective committees and individual creditors in actions against officers and directors of debtor entities and affiliates.
Served as special litigation counsel to a post-effective date committee and obtained a pre-complaint settlement after an investigation, increasing the creditor recovery ten-fold.
Won summary judgment for an indenture trustee in a $90 million lawsuit brought by bondholders.
Won summary judgment for a major international bank, as indenture trustee, in a $21 million lawsuit brought by bondholders.
Representing a large international bank in several actions by bondholders in connection with collateral debt obligation structured transactions.
Won summary judgment for a real estate marketing firm in a multimillion-dollar lawsuit against a developer for breach of contract.
Obtained a temporary restraining order, preliminary injunction and damages against a rival toy company that attempted to copy our client's products for display at the most important industry trade show.
Obtained a favorable settlement on behalf of a foreign investment company in a securities fraud case against a major investment bank involving multiple parties arising out of complex currency derivative transactions.
Defeated a temporary restraining order and won a motion to dismiss on behalf of a large retailer in a lawsuit brought by a commercial landlord in connection with an asset purchase agreement for commercial leases across the country.
Negotiated the settlement of an unfair competition lawsuit on behalf of a national telecommunications company, including the creation of mechanisms for doing business going forward.
Obtained control of millions of dollars in art collateral on behalf of a credit opportunity fund after evidentiary hearing.
- "Setting The Standard For Collaboration With U.S. Firms: India's Tech Sector," The Metropolitan Corporate Counsel, November 2014
- "International Arbitration Update: Choosing a Forum In Disputes Arising Out Of India," The Metropolitan Corporate Counsel, November 2013
- "Personal Jurisdiction From E-Contacts Remains An Unpredictable Issue," New York Law Journal, February 25, 2013
- "Understanding Counsel's Obligations and Challenges In The E-Discovery Process," The Role of Technology in Evidence Collection: Leading Lawyers on Preserving Electronic Evidence, Developing New Collection Strategies, and Understanding the Implications of Social Media (Inside the Minds), Aspatore Books, 2011
- "Virtual Contacts and Personal Jurisdiction: The Next Frontier," New York Law Journal, June 2009
- "Search Functions and Marketing: Be Careful Where You Click," SES Magazine, May 2009
- "Using State Department Country Reports To Prevent Recognition of Negative Foreign Decisions: The Bridgeway and Koplik Cases," GLOBALitigation: USA, May 2009
- "Court Reform Right Under Our Nose," The Metropolitan Corporate Counsel, December 2008
- "E-Contacts and New York's Long-Arm Statue," New York Law Journal, April 7, 2008
- "Think Remote, Electronic Contacts Will Keep Jurisdiction Away?" New York Law Journal, June 18, 2007
- "The Legal Fallout From the Subprime Crisis," The Banking Law Journal, Vol. 124, No. 5, May 2007
Class Action Defense Strategy Blog Posts
- "TCPA Class Actions Coming To New York," December 12, 2013
Corporate & Securities Law Blog Posts
- "Second Circuit Holds Forum Selection Clause Supersedes FINRA’s Mandatory Arbitration Rule," September 22, 2014
- "Second Circuit Vacates Dismissal Of Securities Fraud Claims Holding That Mutual Funds' Alleged Misrepresentations Regarding Payment Of Transfer Agent Fees Were Material," March 1, 2010
Finance & Bankruptcy Law Blog Posts
- "Second Circuit Holds RMBS-issued Certificates Are Exempt from the TIA," December 29, 2014
New York Commercial Division Round Up Blog Posts
- "Keeping Up With The Commercial Division(s)," February 24, 2015
- "First Department Refuses to Expand Jurisdiction over Foreign Entities," October 29, 2013
- "Commercial Division Denies Oral Modification and Grants Summary Judgment in Lieu of Complaint," December 17, 2012
- Scarpulla, Panelists Discuss Efficient Ways to LitigateCommercial Litigation Insider, June 9, 2014
- Law360, December 11, 2013
- Law360, July 7, 2011
- "New York State Bar Association's Commercial Litigation Academy 2014," June 5-6, 2014
- "Current Developments in Federal Civil Practice 2013 - Technology and Ethics," Practising Law Institute, January 30, 2013
- Guest Lecturer, Georgetown University Law Center, "Law of Advertising," November 2010
- "Ethical and Strategic Considerations When Representing Corporate Clients and Their Individual Employees in Litigation," Labor & Employment Law Update, New York, NY, May 13, 2010
- "Personal Jurisdiction Based on Internet Presence," CLE Webinar, National Constitution Center, Wednesday, May 5, 2010
- "Personal Jurisdiction Based on Internet Presence, E-mail, Instant Messaging and Other E-Contacts—Leveraging the Evolving Minimum Contact Standards in Commercial Litigation," CLE Webinar, Strafford Publishing Wednesday, January 27, 2010
- "Electronic Contacts and the Long Arm of the Law," San Jose Search Engine Strategies Conference (SES), August 13, 2009
- "Electronic Contacts and the Long Arm of the Law," First Annual Cloud Slam 09, world's premier cloud computing event, April 22, 2009
- "Navigating the Capital Markets in the New Economy: The Indenture Trustee In The Middle Of A Changing Landscape," Kelley Drye & Warren LLP CLE Series, June 5, 2008
- "Indenture Covenants and Investors Advocating Strict Compliance," American Banker's Association Capital Markets Forum, April 13-15, 2008
- "Beyond the Bankruptcy Courts: State Law Lender Liability Issues for Secondary Debt Investors," Dealflow Media presentation, January 30, 2008
- "Strategic & Ethical Issues in Director & Officer Liability Litigation," ACC Corporate Counsel Community Forum, University Club, New York, November 3, 2005
- "False Advertising Under the Lanham Act and State Law," Kelley Drye & Warren LLP CLE Series, January 29, 2004
- A Conversation With the AgenciesNew York Athletic Club, 180 Central Park South, New York, NY 10019, March 10, 2011
- Children's Victory Project, Inc., Founder and Chairman
- Inwood House, Corporate Advisory Board
- Iron Will Foundation, Board Member
- ABCNY, 9/11 Project
- Network for Women's Services