Representative matters:

Commercial, Corporate, and Bankruptcy

• Fortgang family members who were directors, officers, and controlling shareholders of M. Fabrikant & Sons, a worldwide diamond and jewelry manufacturing and distribution company. Led the defense against a creditors’ trust that secured a restraining order freezing $200 million in assets after the company filed for bankruptcy. The creditor trust withdrew its request for the seizure of assets and the case settled favorably for the client. 
• Bond trustee against an airline holding company guarantor of a bankrupt airline's lease of a Boeing 757, winning summary judgement on liability and trying the damages case for two years in New York County Supreme Court (before the guarantor declared bankruptcy).
• National dialysis services company in a putative class action seeking to enjoin a $115 million acquisition and follow-on merger. Hunter led the team whose early motion to dismiss and vigorous opposition to discovery ensured the timely and successful completion of the acquisition and merger with no settlement or payment to the plaintiffs.
• Voice telecom service provider defending a $2.4 million emergency proceeding brought by a leading international telecommunications company seeking an order of contempt. After a one-day trial, the New York Supreme Court dismissed the petition in its entirety. The Appellate Division affirmed in a split decision. An appeal to the Court of Appeals is pending.
• Leading Internet co-location and data center services provider in enforcing terms of service against major nationwide data and voice carrier, securing orders permitting termination of services and posting of a significant bond, resulting in settlement of all disputes.
• Special board committee of a holding company for a next-generation Eastern European wireless broadband telecommunications firm investigating derivative claims concerning capital raising, asset disposition, capital infusion, and change of management/control transaction.
• Fund holding hundreds of millions of dollars’ worth of subprime mortgage-backed securities in fraud and breach of contract litigation over misrepresentations in exchange offer about valuation and other attributes of the securities.
• Borrower in claims of fraudulent stock-based lending scheme in civil litigation and related criminal proceedings resulting in conviction and full sentence, with property forfeiture and substantial victim compensation.
• US broadband communications product manufacturer/distributor in litigation with PIPE lender/investor.
• Various debtors-in-possession, creditors’ committees, trustees and secured creditors in numerous aspects of bankruptcy litigation.
• Major mortgage lenders in consumer class actions alleging predatory lending, unfair trade practices, and violation of mortgage borrower protection laws.
• Prominent financial advisor and fund manager in arbitration over claims against and by former marketing and management consultants.
• Formerly registered broker-dealer in claims during winding-down procedures.
• National financial institutions serving as bond trustee in various bankruptcy matters.

International

• International metals manufacturer and distributor in international arbitration of claims arising out of acquisition of a South American producer.
• International metals manufacturer and distributor in arbitration and litigation matters relating to supply purchase and sales agreements.
• Italian glass manufacturer involved in commercial distribution dispute in the United States.

Real Estate

• National women's health and reproductive services core provider in arbitration against New York City over commercial landlord owner right to purchase $40 million national headquarters office consisting of half an office building, and related trail and appellate litigation to enforce arbitration, resulting in enforcement of a purchase below-market option and significant facilitation cost savings.
• Receiver and mortgagee in environmental disputes and cleanup cost claims associated with a former rocket-fuel and nuclear facility in suburban Virginia.
• Former scrap yard operator defending against environmental claims brought by railroad as ground lessor in suburban Virginia.
• Funds of worldwide investment bank in various real estate portfolio litigation in numerous states concerning purchase and sale, leasing, operations, and partnership dispute issues involving commercial, hospitality, multifamily, and marina properties.
• Funds of worldwide investment bank in arbitration of retail properties acquisition on claims for breach of representation and warranty.
• National senior residential facilities owner/operator regarding claims concerning broker commissions and other acquisition and disposition matters.
• National senior residential facilities owner/operator regarding claims concerning upstream liability in connection with patient care allegations.
• National real estate investment trust in all aspects of commercial operations leasing litigation for Class A office properties in New York City.
• Purchaser of thrift portfolio defending claims to recoup or offset damages from alleged breach of refinancing agreement, resulting in DC Circuit decision affirming that the thrift's assets were sold free and clear of all liabilities including recoupment defenses.
• International online information services provider in resolution of commercial lease issues for national call center.
• International investment bank in various real estate restructuring litigation and bankruptcy matters.
• Former managers of government-leased real estate investment trust in earn-out claims.
• Various New York and Washington, DC businesses in commercial leasing disputes.

Intellectual Property and Entertainment

• International TV network in claims against producer for breach of contract, first refusal and holdback rights relating to distribution of competing and derivative programming.
• International TV network in claims against on-air talent for breach of contract and restraining order.
• Broadcast TV group in arbitration of claims against TV network for misrepresentation and breach of contract in the acquisition of several stations.
• Consumer products distributor in two trademark infringement jury trials.
• Consumer products distributor in false advertising cases brought as class actions and before state attorneys general and the FTC.
• Consumer products distributor in patent infringement and mismarking, unfair trade practice federal court litigation.
• International hotel franchisor in claims concerning international master franchise agreement.
• International retailer in credit card services agreement dispute.
• International online services provider in website content licensing dispute.
• National intergovernmental association in litigation and licensing regarding national consumer database and website.
• Telephone-based entertainment company in numerous consumer protection and commercial litigation, bankruptcy, and line acquisition and licensing and matters.
• Specialty food products manufacturer and distributor in investigation regarding trade secret misappropriation, unfair competition, and trademark infringement.
• Immigration attorney association in ending copyright infringement of professional education materials.

Health Care

• Major national senior residential facilities owner/operator in litigation and resolution of claims relating to incident resulting in death of tenant.
• Major HIV and AIDS primary care medical and social services clinic as general counsel and as principal outside counsel supervising labor, employment, real estate finance, leasing and development, litigation, and government relations matters.
• Audit committee of major health care nonprofit organization in investigations concerning accounting and reporting practices and cost reimbursement.
• Professional provider group in American Health Lawyers Association arbitration of group compensation claims.

Congressional

• Leads the Arent Fox team that serves as a national legislative advocate for the Communities Advocating Emergency AIDS Relief Coalition, which represents more than 300 grantees under Title I and Title III of the Ryan White Comprehensive AIDS Resources Emergency Act, including the 51 major metropolitan areas most adversely affected by the HIV and AIDS epidemics.
• Defended major manufacturer and distributor of ephedra-based nutritional supplements in Congressional hearings and investigation into the death of a Major League Baseball player.