James E. Brandt
James E. Brandt
James E. Brandt concentrates his practice in a wide range of complex business and commercial disputes including contract, fraud, trade secret, employment, breach of fiduciary duty, business torts, partnership and shareholder disputes, real estate and insurance coverage matters.
Mr. Brandt has successfully handled all facets of litigation in federal, state, and appellate courts, and in arbitration forums from commencement through settlement or trial. The clients represented by Mr. Brandt are diverse. Representative clients have included publicly-held Fortune 500 companies, privately-held companies (LLC’s, general/limited partnerships and closely-held corporations) as well as individuals.
Throughout his career, Mr. Brandt has repeatedly counseled clients to proactively minimize litigation risks before a dispute arises and, if litigation ultimately ensues, the client’s factual and legal posture has been maximized in preparation for the prosecution or defense of an action. That skill has also often been employed by Mr. Brandt when taking over ongoing litigation matters from other law firms and his devising of alternative legal strategies which achieved far more successful outcomes for those clients.
Among Mr. Brandt’s noteworthy cases include:
- Conducted a jury trial brought by a Fortune 500 company involving issues such as forgery, corporate authority to execute contracts and unique breach of contract claims. The action settled on very favorable terms to the client during the second day of cross-examination by Mr. Brandt of the principal liability/damages witness of the Fortune 500 company.
- Represented an accounting partnership, and its managing partner, against a former equity partner who was alleged to have left the firm after committing the theft of trade secrets and confidential business information. Mr. Brandt’s client was awarded summary judgment on the eve of trial.
- Represented a commercial landlord against a medical practice, and its guarantor, for breaches of a commercial lease. The court granted Mr. Brandt’s client summary judgment for monetary damages under the foregoing lease as well over $50,000 in attorney’s fees and costs founded upon the defendants’ obstruction of discovery.
- Represented a corporation in which the court, after trial, granted Mr. Brandt’s client a multi-million-dollar judgment against defendants as well as issued fifteen (15) separate “Contempt of Court” Orders against them.
- Formulated and drafted a motion to dismiss raising novel issues under the bankruptcy law which was granted by the E.D.N.Y. Bankruptcy Court. As a result, several hundred of the local community’s homeowners’ easements to utilize the Roslyn Country Club were upheld by the Court.
- Prosecuted a series of use tax refund actions in numerous states that raised issues of first impression regarding the scope and interpretation of each state’s Use Tax Laws and Regulations. Those successful refund actions led many State Legislatures to enact new taxing statutes to override those successful tax refund actions.
- Represented a large municipality and its elected officials on Long Island who had been sued for actions alleged to be in violation of the U.S. Constitution and 42 U.S.C. §1983. The Hon. Jacob Mishler, E.D.N.Y., granted Mr. Brandt’s motion to dismiss the action upon each of the four separate Federal Court Abstention Doctrines. Research has not disclosed even one other decision in which a Federal District Court had ever dismissed an action based upon all four separate Federal Court Abstention Doctrines.