Summary of 2008

In a year of history-making Olympic achievements and groundbreaking presidential politics, MDPCE once again distinguished itself throughout the country successfully litigating cases in both State and Federal courts. It was a year of great excitement and many victories led by David Meiselman, Jeff Carton and our Class Action Department.

CLASS ACTIONS

In a series of landmark decisions, New York’s Appellate Division sustained our claim in behalf of consumers against Shell Oil for its failure to adequately disclose “dormancy fees” on its gift cards. Such fees diminish the value of gift cards if they are not used within a specific period of time. Consumers who purchase these cards need to be aware of these hidden fees and the Court agreed with us that our suit against Shell should be allowed to proceed. The Firm is prosecuting a similar “dormancy fee” case in Connecticut concerning gift cards issued by the Danbury Mall in Connecticut. In another case, a Federal Court in New York certified our class action against Costco challenging its policy of backdating renewal memberships which has the effect of shortening the renewal period without the consumer’s knowledge. We are proud and privileged to have been appointed by the Court as lead counsel for the plaintiffs, an honor our firm has earned in other class action cases as well. In New Jersey, a Federal Judge certified our class action in behalf of a nationwide class of consumers against Hollywood Tans for its failure to inform customers of the potential adverse health effects of indoor tanning associated with exposure to ultraviolet radiation. We look forward to bringing these matters to trial in 2009 and allowing a Judge and jury to decide the merits of our class action claims.

In addition, MDPCE instituted several new class actions in 2008 including, for example, Jerome Noll helping to prosecute claims against Apple for failing to repair defective memory slots in their Powerbook G4; against Lending Tree, the nation’s largest online lender, for disclosing personal and confidential information about its customers due to lax security practices; against Bayer for deceptively marketing “heart advantage” aspirin; against publicly traded Vista Print for the practice of “cramming” unauthorized charges on consumers’ internet transactions; and against the Spanish Broadcasting System, the largest publicly traded Hispanic media and entertainment company for running a fraudulent radio contest intended to mislead listeners into believing they had won an all-expenses paid vacation when in fact there was a $399 “administrative fee” that had to be paid plus the cost of airfare.

GENERAL LITIGATION

In addition to our class actions, catastrophic personal injury cases and medical malpractice defense department, the firm had an extra - ordinary year in the general litigation and transactional area representing clients in interesting and diverse matters. Included amongst these is our representation by David Meiselman of a client seeking to enforce a $108,000,000 contract against a publicly traded company based in the United Kingdom; the successful representation by Jim Denlea and Ken Citeralla of a wellknown financial analyst suing to maintain control of his capital management company; successfully litigating a victory in behalf of the Hendricks Creek Resort in Kentucky against allegations of negligence; representing a major Westchester financial firm in creating a strategic alliance with a publicly traded company; Jill Owens representing a Westchester landowner in a suit against Getty Oil for ground pollution; successfully defending a New Jersey marina sued by a man who claimed he was severely injured stepping off a boat; Peter Freiberg successfully defending a corporation and its individual owners from claims of fraud brought against them by the company’s prior owner; representing the city of Valencia, Spain regarding the 33rd America’s Cup; representing Landry’s restaurants and Rain Forest Cafe restaurants in the tri-state area; the successful representation of a Connecticut company in its intellectual property and cybersquatting claims against a competitor; the representation by John Dawson and Gary Sastow of a 5th degree black belt karate master in franchise and contractual matters; representing the beneficiary of a multimillion dollar life insurance policy; Dick Baker’s representation of a withdrawing shareholder in a law firm dissolution proceeding; representing plaintiff-clients against Wachovia, MasterCard and Citigroup for financial mismanagement and negligent financial advisory services; Jim Denlea, Michael Berg and Russ Yankwitt’s continued representation of three trustees in the New York and Florida litigation involving the estate of Dr. Robert Atkins; and the continued defense of an Albany company in litigation concerning the deaths of 20 passengers in a Lake George boating accident.

Partner Myra Packman, recognized as one of New York’s premier appellate attorneys had another remarkable year winning all of her cases in both State and Federal Courts, whether representing plaintiffs or defendants. In behalf of a plaintiff client of the firm, Myra won a unanimous affirmance in the Appellate Division of a $3,650,000 verdict previously won at trial by Jeff Carton. Myra was also successful in achieving appellate reversals in three separate cases vacating a $6,000,000 judgment against a nursing home, vacating a $3,450,000 verdict against our physician client (a case in which our firm had won a total exoneration from the jury only to have the Judge reverse the jury and find for the plaintiff) and vacating a $1,400,000 verdict against another client of the firm. Myra, formerly Editor-in-Chief of Law Review at Pace University Law School was also recognized this year by the Westchester Business Journal as one of the “Who’s Who” of Westchester business women.

CATASTROPHIC INJURIES

The firm continued its long history of success representing victims of serious personal injury. In the past year, the firm concluded numerous cases worth many millions of dollars including a teenage girl badly burned over 75% of her body; a 33 year old woman killed in an auto accident on Route 684 in Westchester by a speeding driver; the electrocution on a work site of a man who sustained 2nd and 3rd degree burns to approximately 65% of his total body surface area; and a victim of an explosion who survived for 67 days with 3rd degree burns to 80% of his body before passing.

During this same period, MDPCE was retained on many new cases including, for example, by a client compelled to undergo six surgeries as the result of a vehicle crossing over a double yellow line into our client’s lane of traffic; in behalf of a young woman scalded in her apartment bathtub by a sudden surge of hot water due to the building’s faulty plumbing system necessitating numerous full thickness skin grafts; by a family of a young man killed by a falling tree; by a woman badly bitten by a dog with known prior vicious propensities; and in behalf of a woman who fell through the attic floor of her new home causing major and permanent leg injuries.

FIGHTING FOR PHYSICIANS

Since its inception in 1976, MDPCE has fought for doctors and for the preservation of the best medical care system in the world. In 2008, the firm continued its proud history of representing physicians, medical groups, hospital medical staffs and county medical societies in New York, Connecticut and throughout the country in personal and 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 privileges matters; asset protection plans and in the management, growth and financing of practices.

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

In our highly regarded medical malpractice department, veteran litigator Richard Nealon successfully defended an obstetrician alleged to have caused an Erb’s Palsy by performing a vaginal, rather than Caesarian, delivery. Richard also was successful in defending an endocrinologist alleged to have caused an unnecessary thyroidectomy and unnecessary surgery. MDPCE trial attorney Don Scialabba was victorious in representing a prominent Hudson Valley neurologist accused of improperly treating a woman in the emergency room eventually resulting in permanent brain damage. Ron Ball, another well-respected litigator, attained a favorable jury verdict in Orange County in his representation of a Westchester orthodontist accused of negligently treating a patient. 2008 was another year of accomplishments for MDPCE attorneys devoted and dedicated to fighting for our physician-clients.

OUR TEAM

Congratulations to our senior partners David Meiselman, Jim Denlea, Myra Packman, Jeff Carton and Jim Eberz for once again being chosen by an independent review process as amongst New York’s “Super Lawyers” as published in Westchester Magazine and The New York Times. Jeff, who heads our litigation department, was also selected as one of Westchester’s “Top 25” attorneys.

We are pleased to welcome attorneys Russell Yankwitt and Christine Ford who joined our firm in 2008. Russ graduated Connecticut College, magna cum laude and Phi Beta Kappa and then attended Cornell Law School where he graduated cum laude. After several years at Skadden Arps, Russ served as an Assistant United States Attorney for the Southern District of New York for seven years before joining our litigation department. Christine joins our firm after ten years as a litigator with Simpson Thacher in Manhattan. Christine is a summa cum laude graduate of Seton Hall University Law School. In addition to intellect and good judgment, Christine and Russ bring many years of experience and success in the litigation arena. Since joining us, Russ has already created a Westchester chapter of the prestigious Federal Bar Council.

CONCLUSION

2008 was another extraordinary year for MDPCE. Our firm, in attorneys and support staff, brings an unbridled commitment and passion to every matter we undertake. We enjoy the challenge of providing aggressive advocacy on our clients’ behalves and honoring our commitment to help clients achieve the results for which they retain our counsel. Although 2008 may have raised the bar for us yet again, we look forward to the victories, successes, and diversity of matters that 2009 will bring.