Areas of Practice

Arbitration & Mediation

Breakups: business and professional
      Fiduciary obligations
      Lateral lawyer acquisitions
      and departures

Commercial litigation
      Breach of contract
      Business torts
      Fraud

Employment law
      Employment discrimination
      Hiring and termination

Legal ethics: professional
responsibility

Women's rights
      Equal pay
      Sexual harassment

Areas of Practice> Breakups: Business and Professional

Breakups are complicated, emotionally trying and not easy to resolve.
It seems straightforward enough when a partner wants to leave one firm and move to another, but fiduciary duties to clients and colleagues, conflicting loyalties and competing principles all complicate these decisions. Geri is recognized as an expert at unraveling and solving the complex problems underlying commercial breakups in professional partnerships and private companies.

Contemplating a break-up?
Seek counsel at the beginning of the process rather than risk the damaging consequences of a misstep.
Geri is counselor, advisor and colleague, as she guides her clients through legal, financial and emotional minefields. By helping clients follow the rules, answer accusations, and defend their rights, she helps them to ultimately move forward with their careers in a positive way. Her practice falls into three areas:
        (i) counseling and negotiating on behalf of law firms, lawyers and other professionals in both
             internal and external disputes involving their partners, employees practices or
             businesses,
        (ii) litigation of partnership and dissolution claims, and
        (iii) litigation of malpractice, sanctions, malicious prosecution and contract claims.

Representative litigated cases
Fern Simmons v. Richard Omohundro, et al., Index No. 05-cv-4482 (TPG) (SDNY). Obtained $3.69 million judgment entered on March 29, 2011 based on jury verdict for plaintiff on claims of joint venture, breach of fiduciary duty, quantum meruit and unjust enrichment in connection with the development of an asset management company.

Sybil Shainwald v. Benedict P. Morelli & Associates, P.C. Hotly contested dispute between lawyer and law firm that spawned proceedings in arbitration and both state and federal courts.   After a nine-day hearing in 2006, obtained an arbitration award in favor of lawyer (i) finding that law firm had breached the contract between them by wrongfully terminating her and awarded her substantial fees in pending cases, an accounting, an audit by an outside auditor at the law firm’s expense and all of the costs of the arbitration, and (ii) rejecting all of the law firm’s claims.  Award was confirmed by state Supreme Court (Index No. 604172/2004) and Appellate Division (49 A.D.3d 476 (1st Dep't 2008)). Also obtained sanctions in federal court and recommendation of contempt in state court against law firm for failure to comply with court orders.

Seruya and Israeli v. Torres, Index. No. 1490KCV002 (Appellate Term, 2d Dep't 2008) Obtained reversal on appeal of $4 million verdict entered against clients represented by prior counsel below in business divorce and breach of fiduciary duty case.

Morrison v. Board of Law Examiners of State of N.C., 453 F.3d 190 (4th Cir. 2006). Amicus brief addressing unconstitutionality of restrictive Bar Admissions requirement on behalf of Association of Corporate Counsel defendants.

Storey v. Cello Holdings, L.L.C., 347 F.3d 370 (2d Cir. 2003). Obtained dismissal of Rule 11 sanctions against law firm.

Clapp v. LeBoeuf, Lamb, Leiby & MacRae, 286 A.D.2d 643, 730 N.Y.S.2d 429 (1st Dep't 2001). Obtained injunction against any further litigation by a former partner against a law firm.

Honzawa v. Honzawa, 268 A.D.2d 327, 701 N.Y.S.2d 411 (1st Dep't 2000). Obtained, by motion, dismissal of malicious prosecution claim against a law firm.

Graubard Mollen v. Moskovitz, 86 N.Y.2d 112, 653 N.E.2d 1179, 629 N.Y.S.2d 1009 (1995). Case defined the standards that now govern the rights and obligations of law partners who leave their law firms.