General Corporate Litigation
DOCB litigates contractual disputes including master services agreements, commercial and hospitality contracts, franchise agreements, mortgage contracts, agency and partnership agreements.
A. Breach of Contract Litigation
- Litigation representations include
- an international arbitration regarding high-dollar claims with respect to a mortgage servicing contract
- an evidentiary hearing in Florida State Court with respect to a challenge by a mortgage broker to the existence of a web-based advertising agreement with a financial services company. The agreement contained a mandatory forum selection clause, which the broker was contesting because it had executed the agreement through a click though process. The Court dismissed the case without prejudice to bring in New York, the selected forum.
- a class action against a major hotel seeking payment of penalties due to alleged ATM notice defects. The matter was resolved early in the litigation.
- an action where plaintiff claimed unjust enrichment and quantum merit in connection with identifying a potential real estate development for a hospitality corporate a breach of duty of good faith and fair dealing case arising from a major food manufacturer’s termination of licensing agreement with a hospitality corporation.
- an action alleging RICO, breach of contract, and fraud claims against the originating mortgage lender, MERS, and the Trustee. The claims were dismissed against all defendants.
- litigating sophisticated work product and other evidentiary issues relating to third-party subpoenas pertaining to contracts.
- negotiating a pre-litigation resolution of complicated multiple credit union claims against the fidelity bond company with respect to alleged fraud committed by the owner.
B. FINRA
In connection with litigations involving variable annuities and life insurance, the Firm has handled FINRA arbitrations and responses to FINRA requests to investors and corporations regarding allegations of misrepresentations made in the sale of annuities, suitability, pricing, representation issues, and allegations of “selling away.”
C. Sales Practices Litigation
DOCB has handled many sales practices matters, including successfully moving to dismiss a matter against a financial institution brought by an investor alleging fraudulent sales practices. Our firm’s unique understanding of sales practices matters was developed during the representation of MetLife by Michelle d’Arcambal and James Lenaghan while in-house attorneys in the vanishing premium sales practices class actions, both in nationwide MDL and in several states.
D. Securities
Several of DOCB’s attorneys have significant securities backgrounds. Mindy Dolgoff, a Senior Associate of DOCB, has both plaintiff-side and defense experience with securities fraud class actions. At Dewey Ballantine LLP, she defended corporations in both securities fraud class action litigations and shareholder derivative suits. At Labaton Sucharow, LLP, she represented institutional investors in all aspects of complex securities fraud class actions, including investigation of claims, drafting of complaints, dispositive motion practice, motions for class certification, management of large-scale document review, written discovery, depositions, trial preparation and trial.
E. Securities
Several of the Firm’s attorneys have significant securities backgrounds. One of the Firm’s senior associates, Mindy Dolgoff, has both plaintiff-side and defense experience with securities fraud class actions. At Dewey Ballantine LLP, she defended corporations in both securities fraud class action litigations and shareholder derivative suits. At Labaton Sucharow, LLP, she represented institutional investors in all aspects of complex securities fraud class actions, including investigation of claims, drafting of complaints, dispositive motion practice, motions for class certification, management of large-scale document review, written discovery, depositions, trial preparation and trial.
F. Mortgage and Rescission Litigation
DOCB has spent decades representing insurers and financial institutions seeking to affirmatively rescind coverage or recover improperly or fraudulently paid monies under policies of insurance or other financial instruments. Actions include litigations seeking to rescind life or disability policies or seeking to recover damages in mortgage, health insurance and other matters arising from fraud or misrepresentation. DOCB has also litigated matters where defendants allege that a mortgage was invalid due to improper securitization or assignment, or faulty lapses or defaults due to alleged failure to follow recording and notice requirements.
DOCB was retained as part of MetLife’s Home Loans Recovery Program to recover monies in connection with mortgages it had issued. In those matters, we affirmatively sued brokers, surveyors, appraisers, title insurers, and other entities on claims of fraud. Also on behalf of MetLife Bank, our firm defended the appeal of a successful motion to dismiss based on claims that a reverse mortgage was issued improperly, and a New Jersey appeal of a successful trial verdict, also concerning a reverse mortgage.