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Home / Representative ADR Cases

Steven A. Certilman, FCIArb
Chartered Arbitrator

Representative Domestic and International Arbitration Cases

Corporate and Contract

  • Claim under asset purchase agreement for failure to pay the agreed earn-out distribution. Counterclaims included fraud allegations.
  • Claim alleging breach of exclusive distribution agreement in the biological product industry, including claims of breach of good faith and fair dealing, unfair competition, tortious interference, with contract and tortious interference with prospective economic advantage. Principal issues were territorial exclusivity and similarity of competing products.
  • Telecommunications case alleging breach of asset purchase, contribution and transition services agreements relating to transaction of wireless telecommunications company.
  • Negligence claim against payroll services company claiming liability for fraudulent transfers made in an employee defalcation.
  • Claim of fraud in the inducement by production of false accounting records produced during due diligence in the purchase of a hotel property.
  • Claim for breach of business development services agreement in the aviation support industry.
  • Claim by business broker for agreed fee after producing ready, willing and able buyer.
  • Claim under the Carriage of Goods By Sea Act (admiralty law) alleging non-payment of shipping and storage charges.
  • International claim and counterclaim arising out of agreement to provide custom commercial printing, binding and mailing services. Quality of performance was key issue.
  • Dispute arising out of affinity debit card sponsorship agreement. Claims and counterclaims included fraud and unjust enrichment seeking accounting and monetary relief.
  • International claim by a telecommunications carrier alleging consultant’s failure to provide agreed services relating to debt and equity capital raise.
  • Emergency arbitrator in application for pre-arbitration injunction relating to breach of stock purchase agreement and recission of stock transfer.

Shareholder/Partner

  • Claim under real estate operating agreement in which some partners wanted the partnership to liquidate the sole asset and others wanted to exercise their contractual right of first refusal to buy-out the membership interests of the selling members.
  • Business divorce arising from breakup of multiple dental practices and real property owned by two brothers. Declaratory judgment, constructive trust and other actions including claims of fraud, promissory estoppel, breach of fiduciary duty, breach of obligation of good faith and fair dealing. Relief sought included injunctive and monetary relief, accounting, restitution and specific performance.
  • Dispute among LLC investors concerning the validity of a capital call under the operating agreement, the right of certain investors to call the membership interest of the non-contributing party and the price of the call if legally permitted.
  • Dispute between LLC members over control of second generation business. Claim sought dissolution of the LLC or, alternatively, specific performance of the buy-out provision in the operating agreement.
  • Emergency arbitrator in application for pre-arbitration injunction relating to sale of homes in a large scale development project.

Information Technology

  • Claim arising out of website refresh and development agreement involving SAP ERP (Enterprise Resource Planning) software with WCEM (Web Channel Experience Management) and CRM (Customer Relationship Management) modules.
  • Determination of the rights of co-founders of a custom software development firm upon dissolution of the entity.
  • Claim under e-commerce website development agreement alleging qualitative deficiencies relating to integration of Magento platform with client’s ERP software.
  • Claim alleging breach of SAP software consulting agreement including allegations of fraudulent inducement, negligent misrepresentation, breach of fiduciary duty and unjust enrichment.
  • Custom software non-payment claim with counterclaims alleging breach of contract specifications.
  • Dispute under medical imaging technology software license agreement alleging non-compliance with functionality specifications.
  • Claim under garment design and manufacturing custom software development agreement to create workflow software. Key issue was conformity of software to the specifications.
  • Breach of agreement to provide SEO services. Primary issue was valuation of SEO improvements realized by respondent in order to determine compensation due.
  • Copyright claim with motion for preliminary injunction relating to design, graphics, architecture and source code for a continuing education platform.

Real Estate

  • Claim of breach of NYC commercial high rise office building ground lease by refusing to consent to change of use.
  • Breach of fiduciary duty and related claims against trustee/managing member by third generation family member relating to ownership and operation of NYC apartment buildings including sale of air rights. Key issues were scope of fiduciary duty, compliance with obligations under LLC operating agreement and valuation of properties.
  • Claim for specific performance by bulk purchaser of thirty residential units in a real estate development project after seller’s alleged breach.
  • Claim for breach of contract in which contract purchaser sought declaratory judgment of right to terminate agreement based on seller’s failure to timely close the transaction or return contract deposit.
  • Numerous NYC Commercial rent reset cases.

Insurance

  • Insurance coverage and reinsurance dispute relating to D&O policy claim arising from class action lawsuit.
  • Coverage claim by insured against insurance carrier to establish right to defense and indemnity under a D&O policy.
  • Coverage claim under business liability policy against insurance carrier to establish right to defense and indemnity against employment claims.
  • Coverage and quantum claim under title insurance policy where amount of loss related to potential development value.
  • Insurance premium audit claim.
  • Insurance coverage and valuation claim relating to damage to a highly collectible classic car.

Construction

  • Claim by subcontractor’s performance bond issuer against general contractor relating to liability for delays and cost over-runs on a New York State courthouse project.
  • Declaratory judgment and breach of contract case involving custom home and claim of breach by contractor.

Employment

  • Numerous employment agreement cases involving claims one or more of the following: misappropriation of trade secret/proprietary information, breach of non-competition agreement and/or non-solicitation agreement and non-disparagement provision.
  • Employment claim alleging FMLA retaliation, NYCHRL (New York City Human Rights Law) gender discrimination, NYCHRL sexual orientation discrimination and NYCHRL retaliation.

Securities

  • Suitability and negligence claim by investor in collateralized mortgage-backed securities.
  • Private placement investor claim against investment advisor for negligent misrepresentations and failure to conduct proper due diligence.