Summary of 2007

THE BEST AND THE BRIGHTEST

2007 was another great year for Meiselman, Denlea, Packman, Carton and Eberz.  Evidence of the firm’s continued growth and success is best reflected by the extraordinarily talented attorneys who joined us in 2007.

We are proud to welcome Michael Berg, Jerome Noll, Gary Sastow, John Dawson and Ken Citarella.  Michael joins our litigation department after several years at Simpson Thacher and Millbank Tweed.  Michael is a graduate of Dartmouth College, the Columbia University Graduate School of Journalism and New York University Law School where he was magna cum laude.  Jerome Noll, a cum laude graduate at Brandeis University and Cardozo Law School joins our class action department following his association with the Miami office of David Boies.

Joining our health care group is Gary Sastow, formerly a partner with Cooperman Lester Miller LP.  Gary has extensive experience representing clients in health care matters, real estate and general business transactions. Joining our litigation department is John Dawson.  John is a graduate of Tufts University and Cardozo Law School where he was Editor-in-Chief of the Cardozo Journal of International and Comparative Law, and a former Hogan & Hartson associate.  A complex business litigator, John is admitted in New York, Connecticut and California.

Bringing with him a reputation for excellence after 25 years of distinguished service with the Westchester County District Attorney’s office, Ken Citarella joins our firm.  Ken is a
nationally recognized authority on computer crime having been Chief of the High Technology Crimes Bureau as well as Deputy Chief of the Investigations Division.  Among other responsibilities, Ken along with partner David Meiselman, will head up the firm’s new area of client service providing corporations with internet and internal computer security.  Ken is a summa cum laude graduate of Manhattan College where he was valedictorian.  He then acquired an MBA with distinction from Pace University of Business followed by New York Law School where he graduated magna cum laude and Editor of Law Review.  To learn more about our talented attorneys, visit us at www.mdpcelaw.com.

Congratulations to our senior partners David Meiselman, Jim Denlea, Myra Packman, Jeff Carton and Jim Eberz who were recognized as the best in our profession.  David, Myra and Jim Eberz were selected as “Best Lawyers in America” and “Best Lawyers in the Tri-State Area” as featured in New York Magazine, July 2007.  David, Myra, Jeff and Jim Eberz were chosen through an independent review process as “Super Lawyers” as featured in The New York Times, September 2007 and Westchester Magazine, October 2007.  David, Jeff and Jim Denlea were admitted to the Multi-Million Dollar Advocates Forum and “Top Trial Lawyers in America” in August 2007.  In addition, David and Jeff were included amongst the “Top 25 Lawyers” in Westchester as designated by “Super Lawyers”.  We are privileged to have received the highest compliment of all, recognition by one’s peers.

NATIONAL CASES    

Spear-headed by David and Jeff, MDPCE achieved in 2007 a $14 million nationwide settlement against Old Navy and The Gap for consumers who were short-changed when returning merchandise bought with store issued coupons.  In an ongoing litigation, our nationwide consumer fraud claims against Hollywood Tans were sustained by a New Jersey Federal Court.  In this case, we are alleging deceptive marketing practices and failure to adequately warn the public of skin damage and the increased potential for cancer caused by indoor tanning.  Elsewhere in New Jersey, our consumer fraud claims alleging false and deceptive advertising against the makers of Stri-Vectin SD, a purported anti-wrinkle cream, were upheld against defendants’ motion to dismiss.  And in New York, our claims against Sam’s Club for improperly backdating renewal memberships were sustained by the Court.  We are also extremely proud to have made new law in the Third Circuit concerning the interpretation of Congress’ Class Action Fairness Act and to have prevailed in the United States Supreme Court against a defendant’s attempt to overturn that new precedent.

New class actions instituted by us in 2007 include matters against Sears, Circuit City and Best Buy, challenging their practice of imposing “restocking fees” on returned merchandise; and against United Parcel Service for improperly imposing residential delivery surcharges on deliveries to commercial addresses.  The firm is currently investigating many other potential class action cases in which the public has been deceived or otherwise taken advantage of by unscrupulous business practices.  We hope our cases will result in a safer and more protected consumer environment.

CATASTROPHIC INJURIES

The firm continued its 30 year history of success representing victims of catastrophic personal injury.  In April, Jeff won $3.3 million in upstate New York, one of the highest amounts ever achieved in that venue, for a 53 year old maintenance worker who was injured in an electrical explosion.  Jeff also achieved in 2007 a $5 million settlement for a man who sustained third and fourth degrees over 40% of his body.   Jim Denlea recovered $1.5 million (the total amount of available insurance coverage) for a 17 year old girl burned by a shower that had a defective valve.  Jim also recovered
$1.3 million (the total amount of available insurance coverage) in the wrongful death of a 17 year old boy killed in a car accident in Bedford, NY.

Among the new cases MDPCE was retained in 2007 to prosecute include a 44 year old man who fell from scaffolding sustaining multiple fracture of his back, ankles and feet resulting in permanent dysfunction and limp; an infant girl scalded by bath water that suddenly spiked to over 150 degrees as a result of improper maintenance by the landlord; and a 52 year old man who had both of his legs amputated, above the knee, as the result of being trapped in a burning building.

GENERAL LITIGATION

MDPCE had another extraordinary year in the area of general litigation.  In 2007, we were retained by American International Group (AIG) to represent AIG in New Orleans against thousands of claims that a barge it insured caused property damage by crashing through the levees during Hurricane Katrina.  Our law firm is proud to have been chosen by AIG as its counsel in this Louisiana litigation.  The firm was also retained to represent Time Inc.; by a Vermont pharmacy in a contract dispute with a major supermarket chain; by a multi-branch Hudson Valley bank to obtain injunctive relief against a departing employee; and by the trustees of the Estate of renowned diet doctor Robert Atkins, M.D. in litigation in both Florida and New York.

In 2007, we were successful in representing a real estate developer recover losses incurred as the result of the negligence of a prior tax attorney; won a Declaratory  Judgment in behalf of a real estate company compelling an insurance company to defend and indemnify our client despite the insurer’s claim that it had no coverage responsibility; and were successful in obtaining Summary Judgment dismissing all claims against our client, the Nielsen Company (formerly VNU Inc.) and its Editor-in-Chief.  We also won numerous real estate and partnership disputes, contract matters and several patent infringement cases in which we successfully protected our clients’ intellectual property rights.

FIGHTING FOR PHYSICIANS 

In 2007, the firm continued its proud history of representing physicians, medical groups, hospital medical staffs and county and state medical societies throughout the country in their professional matters including employment, partnership and shareholder issues; contract and restrictive covenant disputes; managed care issues; the creation, merger and dissolution of medical practices; Stark and HIPAA issues; licensure and privilege matters; asset protection plans and in the management, growth and financing of practices.

Led by physician-attorney partner Barry Cepelewicz, MDPCE continued to successfully defend physicians in audits by third party payors and achieved outstanding results negotiating (and litigating when necessary) with insurance companies saving doctors many millions of dollars.

In the medical malpractice arena, our team led by Jim Denlea has been retained to defend some of the most difficult and challenging cases.  These are serious matters to be entrusted with and we will work aggressively to maintain the unblemished record we achieved in 2007. 

Taking on challenges is what we do.  In 2007, we continued ground-breaking class actions in behalf of physicians against insurance companies.  Suing Cigna in Connecticut in behalf of the Fairfield County Medical Association and numerous doctors, we are challenging their “tiering” or rating system which we believe is intended to cut insurance company costs and is unrelated to the quality of patient care.  And in both Connecticut and New York, we continue to prosecute Oxford and United for compelling doctors to participate in both insurers’ plans if they desire to participate in either plan.

TRANSACTIONAL HIGHLIGHTS

Our transactional department worked on many significant matters including the sale of a multi-state retailer of specialty foods to a publicly-held concern; the representation of one of the largest accounting firms in Westchester in its merger with a national firm; the
negotiation of executive compensation agreements and employment/termination contracts in behalf of high-profile entertainment and broadcasting personalities; the negotiation of numerous partnership and shareholder agreements and real estate deals; and the formation of new business entities.

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2007 was an incredible year!  For a firm our size to have handled the scope, complexity and geographic diversity of the matters we were privileged to have placed in our care is a testament to the intellectual commitment, passion and energy we bring to every engagement.  We enjoy our clients and value the bonds we forge with them.  Although 2007 may have raised the bar for us yet again, we look forward to the challenges and victories that lay ahead in 2008.