Scarinci & Hollenbeck, LLC Achieves Landmark Reinstatement of Claims in the New York Appellate Division
New York, NY – January 22, 2025 – Scarinci & Hollenbeck, LLC is proud to announce that Dan Brecher, Chair of the firm’s Securities and Investment Banking Group, achieved a significant appellate victory on behalf of the firm’s client, reaffirming the firm’s prowess in appellate litigation and claims involving fraud.
The New York Supreme Court’s Appellate Division, First Department, issued a unanimous decision by a five-judge panel reversing the lower court’s dismissal of a key claim brought derivatively by shareholders against their corporation’s accountants. The claim, centered on a breach of the covenant of good faith and fair dealing that is implicit in all New York contracts, will now proceed to trial.
In 2020, the lower court dismissed ten causes of action in this case. Thanks to Mr. Brecher’s advocacy, the majority of those dismissed claims have now been restored. The case will move forward against defendants accused of embezzling, and aiding the embezzlement of, corporate funds and professional malpractice.
“This decision underscores the importance of holding fiduciaries accountable for their actions,” said Dan Brecher. “We are pleased that the appellate court recognized the merits of our arguments and reinstated this critical claim against professionals who aided and hid the fraudulent transactions. The courts tend to be protective of professionals charged with malpractice, but we were able to show the Court that these accountants hid the embezzlement from the shareholder plaintiffs for years by distributing false reports about the corporation’s assets.” The case is Jobar Holding Corporation, et al. v. Barbara Halio, et al., Case No. 2021-01048.
This success is a testament to Scarinci & Hollenbeck, LLC’s unwavering dedication to pursuing justice for its clients.
About Scarinci & Hollenbeck, LLC’s NYC Office Scarinci & Hollenbeck, LLC’s New York office stands as a leading partner for businesses looking to thrive in a fast-paced marketplace. Our seasoned team offers comprehensive counsel across the critical practice areas —Bankruptcy & Creditors’ Rights, Commercial Real Estate, Corporate Governance and Regulatory Compliance, Corporate Transactions & Business, Emerging Technologies (including blockchain, AI, and cryptocurrency), Intellectual Property, Litigation, Mergers and Acquisitions, Securities and Investment Banking, Tax, and Trusts & Estates. By combining deep legal insight with a proven track record in New York City’s dynamic economy, we tailor solutions that protect your interests, ensure compliance, and seize new opportunities. Get in touch today and learn how our dedicated attorneys can help drive your organization’s success
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Business Journal NJBIZ Names Ronald S. Bienstock and William C. Sullivan, Jr. Leaders in Law
Ronald S. Bienstock and William C. Sullivan, Jr. of Scarinci Hollenbeck Recognized as 2025 Leaders in Law by NJBIZ Little Falls, NJ – March 6, 2025 – One of New Jersey’s leading business journals, NJBIZ, has recognized Ronald S. Bienstock, Partner and Chair of the Intellectual Property Group, and William C. Sullivan, Jr., Partner and […]
Scarinci Hollenbeck Named Among 2025 Best Companies to Work For
Scarinci Hollenbeck Named in U.S. News & World Report’s 2025 Best Companies to Work For Law Firms Little Falls, NJ – March 4, 2025 − U.S. News & World Report, the global authority in rankings and consumer advice, has named Scarinci & Hollenbeck, LLC one of the best law firms to work for in its […]
Donald M. Pepe and Donald Scarinci Named to 2025 ROI-NJ Influencers: Law List
ROI-NJ Continues to Feature Donald Scarinci and Donald M. Pepe on Annual Influencers in Law List Little Falls, NJ – February 26, 2025 – Partner and Chair of Scarinci & Hollenbeck, LLC’s Commercial Real Estate Department Donald M. Pepe and Founding & Managing Partner Donald Scarinci have once again been named to ROI-NJ’s Influencers: Law […]
Tax, Trusts and Estates Partner Marc J. Comer and Three Senior Associates Join Scarinci & Hollenbeck, LLC
Tax, Trusts and Estates Partner Marc J. Comer and Three Senior Associates Join Scarinci & Hollenbeck, LLC Little Falls, NJ – February 20, 2025 – Scarinci Hollenbeck, LLC is pleased to announce the addition of one new Partner. The firm also welcomes three Senior Associate attorneys. The expansion strengthens the firm’s capabilities across several practice […]
Scarinci Hollenbeck Attorneys Launch New BNI Chapter in NYC
Pioneering Networking Opportunities: James M. Meaney, Jesse M. Dimitro, and Christopher D. Warren Lead Initiative to Enhance Business Collaboration and Growth New York, NY – February 13, 2025 – Scarinci & Hollenbeck, LLC is proud to announce that James M. Meaney, Jesse M. Dimitro, and Christopher D. Warren have taken the initiative to establish a […]
John M. Scagnelli Speaks at Annual Redevelopment Law Institute
John M. Scagnelli Featured as Panelist on “The Impact that the Proposed Resilient Environments and Landscapes (NJ PACT) Regulations will have on Redevelopment” Little Falls, NJ – January 29, 2025 – Scarinci & Hollenbeck, LLC is proud to announce that Partner John M. Scagnelli, a member of the firm’s Environmental Law section, was recently featured […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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Dan Brecher Secures Pivotal Appellate Win in Shareholder Fraud Case
Author: Dan Brecher
Scarinci & Hollenbeck, LLC Achieves Landmark Reinstatement of Claims in the New York Appellate Division
New York, NY – January 22, 2025 – Scarinci & Hollenbeck, LLC is proud to announce that Dan Brecher, Chair of the firm’s Securities and Investment Banking Group, achieved a significant appellate victory on behalf of the firm’s client, reaffirming the firm’s prowess in appellate litigation and claims involving fraud.
The New York Supreme Court’s Appellate Division, First Department, issued a unanimous decision by a five-judge panel reversing the lower court’s dismissal of a key claim brought derivatively by shareholders against their corporation’s accountants. The claim, centered on a breach of the covenant of good faith and fair dealing that is implicit in all New York contracts, will now proceed to trial.
In 2020, the lower court dismissed ten causes of action in this case. Thanks to Mr. Brecher’s advocacy, the majority of those dismissed claims have now been restored. The case will move forward against defendants accused of embezzling, and aiding the embezzlement of, corporate funds and professional malpractice.
“This decision underscores the importance of holding fiduciaries accountable for their actions,” said Dan Brecher. “We are pleased that the appellate court recognized the merits of our arguments and reinstated this critical claim against professionals who aided and hid the fraudulent transactions. The courts tend to be protective of professionals charged with malpractice, but we were able to show the Court that these accountants hid the embezzlement from the shareholder plaintiffs for years by distributing false reports about the corporation’s assets.” The case is Jobar Holding Corporation, et al. v. Barbara Halio, et al., Case No. 2021-01048.
This success is a testament to Scarinci & Hollenbeck, LLC’s unwavering dedication to pursuing justice for its clients.
About Scarinci & Hollenbeck, LLC’s NYC Office Scarinci & Hollenbeck, LLC’s New York office stands as a leading partner for businesses looking to thrive in a fast-paced marketplace. Our seasoned team offers comprehensive counsel across the critical practice areas —Bankruptcy & Creditors’ Rights, Commercial Real Estate, Corporate Governance and Regulatory Compliance, Corporate Transactions & Business, Emerging Technologies (including blockchain, AI, and cryptocurrency), Intellectual Property, Litigation, Mergers and Acquisitions, Securities and Investment Banking, Tax, and Trusts & Estates. By combining deep legal insight with a proven track record in New York City’s dynamic economy, we tailor solutions that protect your interests, ensure compliance, and seize new opportunities. Get in touch today and learn how our dedicated attorneys can help drive your organization’s success
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