Jeffrey M. Eilender
His representations include:
- Currently representing global insurance giant AXA in a $200 million lawsuit against ING in the Commercial Division of New York County Supreme Court arising out of AXA's purchase of a Mexican subsidiary of ING;
- Obtaining an over $2 million verdict in the New Jersey Chancery Court on behalf of Hong Kong-based investors against two former officers and directors, for looting a U.S.-based subsidiary;
- Representing one of India's largest pharmaceutical companies in a $90 million lawsuit in Vermont state court over trade secrets and a non-compete agreement concerning transdermal patches;
- Currently representing one of Mexico's largest sugar companies in an indemnification action in the Southern District of New York; and
- Winning a $30 million arbitration award on behalf of a New York importer against its Chinese manufacturing partner for breach of contract.
Business Divorce Litigation
- Obtaining over $2 million at trial in the Commercial Division of New York County Supreme Court on behalf of a minority partner against the general partnership for misappropriating his ownership interests;
- Defeating a motion for preliminary injunction in the Commercial Division of New York County Supreme Court that would have prevented our client's removal of the movant as managing member of a Delaware LLC and our client's issuance of a rights offering to enable the client to obtain control of the LLC;
- Obtaining a $2.5 million AAA arbitration award on behalf of a widow in her dispute with a surviving LLC owner;
- Winning over $1.5 million and obtaining an asset freezing order in New York Supreme Court on behalf of a minority LLC member against the LLC in a trial to determine the value of his share in the LLC and the amount due him upon his withdrawal;
- Obtaining a $7 million buyout for a minority LLC member in a dissolution proceeding in the Commercial Division of Nassau County Supreme Court;
- Currently representing a younger brother in a dissolution proceeding in the Commercial Division of Queens County Supreme Court, in a dispute with his older brother over allocation of ownership of real estate worth $25 million; and
- Currently representing a minority member in disputes in the Commercial Division of New York County Supreme Court with majority members and family over management of a general partnership owning several apartment buildings in New York City.
Entertainment, Copyright And Trademark Litigation
- While representing a television celebrity, obtained a rare order providing for an Anonymous v. Anonymous caption and complete sealing of court records to protect his identity, then won summary judgment and an injunction enforcing a confidentiality agreement, preventing a former employee from publishing a "tell-all" memoir about the client;
- Obtaining dismissal of several copyright and trademark infringement lawsuits brought in the Southern District of New York against Internet personality Perez Hilton;
- Obtaining summary judgment for breach of a licensing agreement against a cable network on behalf of the copyright holder for the Encyclopedia Brown children's books; and
- Successfully defending publisher and author Judith Regan in a lawsuit brought against her by Dreier LLP, during which Mr. Eilender was the only attorney who obtained leave to depose Marc Dreier while he was under home confinement.
- Persuading the Securities and Exchange Commission to take the rare step of withdrawing a civil insider trading action brought in the Southern District of New York and returning over $4 million in frozen funds to his client;
- Obtaining a significant award on behalf of a retail customer in a FINRA arbitration against a large financial institution;
- Dissuading FINRA from bringing unsuitability charges against broker after Wells Submission; and
- Currently representing a financial advisor and hedge fund promoter in FINRA and SEC enforcement proceedings.
Mr. Eilender has been designated a Super Lawyer for the New York Metro Area from 2010-2013 in the area of commercial litigation. He is a member of the Association of the Bar of the City of New York, the American Bar Association, and the Business Divorce and Private Company sub-committee of its Business Law Section. Mr. Eilender is also a member of the Commercial and Federal Litigation Section of the New York State Bar Association and Co-chair of its New York State Judiciary Committee. From 2002-2008 he served on the State Bar Association's Committee of State Courts of Superior Jurisdiction. Since 2003, he has been a member of the Commercial Division (New York County) Advisory Committee, comprised of the Commercial Division judges and a few select attorneys who regularly appear before them, and advises the Commercial Division on its practices. Mr. Eilender is a contributor and editor of the New York Commercial Division Blog. He has spoken and written about the Commercial Division and business divorce and other commercial litigation issues; most recently, he was a panelist with Delaware Vice Chancellor Travis Laster of the Delaware Chancery Court and Associate Justice David Friedman of the Appellate Division, First Department, at a Commercial and Federal Litigation Section panel on The Interplay of Delaware and New York Law in Resolving Corporate and Commercial Disputes at the 2014 annual New York State Bar Convention.
Mr. Eilender received his B.A. from Cornell University in 1988 (magna cum laude in History), where he was elected to Phi Beta Kappa, and his J.D. from Columbia University Law School in 1991, where he was Senior Editor of the Law Review, a Harlan Fisk Stone Scholar, and winner of the Whitney North Seymour Medal for Trial Advocacy. Mr. Eilender clerked for the Honorable Charles M. Metzner, United States District Judge for the Southern District of New York, from 1991 to 1992, and then for the Honorable Morton I. Greenberg, United States Circuit Judge for the Third Circuit Court of Appeals, from 1992 to 1993. Before joining the Firm, Mr. Eilender practiced with Paul, Weiss, Rifkind, Wharton & Garrison.