Jeffrey M. Eilender joined the firm in 1995 and became a partner in 1999. Mr. Eilender has been a commercial litigator for over twenty years. Although he has litigated virtually every kind of business conflict, his practice focuses on “business divorce”—intra-corporate disputes over intellectual property, real estate and other assets, trade secrets, and disputes relating to business separations involving, for example, operating, shareholder, non-compete and severance agreements. Mr. Eilender also litigates real estate, contract and employment cases, and all manner of business torts. In addition to representing large public companies, such as AXA, Verizon, AOL, XL, and Canon, private companies, and high-net worth individuals, he has represented such media personalities as Judith Regan, Perez Hilton, and a well-known television film critic whose identity was sealed by the court. Mr. Eilender has also represented clients in criminal and civil proceedings and investigations by government and regulatory agencies, including the Department of Justice, the Securities and Exchange Commission, FINRA, and the New York State Attorney General’s Office. He has been lead counsel in successful trials and hearings in the Commercial Divisions of New York’s state courts, a variety of arbitral forums, and in other federal and state courts around the country.
HIS COMMERCIAL LITIGATIONS HAVE INCLUDED:
- 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;
- Winning a $30 million arbitration award on behalf of a New York importer against its Chinese manufacturing partner for breach of contract;
- Currently representing a creditor in a $60 million dispute against the Lehman Brothers Estate.
HIS BUSINESS DIVORCE LITIGATIONS HAVE INCLUDED:
- 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;
- 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.
HIS ENTERTAINMENT, COPYRIGHT, AND TRADEMARK LITIGATIONS HAVE INCLUDED:
- Obtaining a rare order providing for an Anonymous v. Anonymous caption and complete sealing of court records to protect the identity of a television personality, 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;
- 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.
HIS ANTI-TRUST LITIGATIONS HAVE INCLUDED:
- Obtaining dismissal on summary judgment of antitrust and related claims brought by contractors and a Union in the Southern District of New York against competing contractors belonging to a rival Union;
- Obtaining dismissal on a motion to dismiss of antitrust and Lanham Act claims brought against a health food manufacturer by a competitor in the Southern District of New York;
- Currently representing a purchaser of state tax claims in a bid-rigging lawsuit in the District of New Jersey.
HIS SECURITIES LITIGATIONS HAVE INCLUDED:
- 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;
- Successfully dissuaded FINRA on numerous occasions from bringing unsuitability and other charges against brokers and other financial services professionals after Wells Submissions;
- 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 2010-2014 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, which advises the Commercial Division on its practices. Mr. Eilender has also been a speaker at the New York State Bar’s Commercial Litigation Academy, is an editor and contributor to the Firm’s New York Commercial Division Blog, and a frequent panelist on topics relating to the Commercial Division and commercial litigation in general. Mr. Eilender is a contributor to the 2017 Supplement to Litigating the Business Divorce.
Mr. Eilender received his A.B. from Cornell University in 1988, magna cum laude and 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 in July 1995, Mr. Eilender practiced with Paul, Weiss, Rifkind, Wharton & Garrison.