Services and Practice Areas

Settlement of Disputes and Mediation

Litigation is an expensive and time-consuming process with no guarantees. When an opportunity arises to resolve a legal dispute amicably, clients may be better served by foregoing a protracted courtroom battle in favor of crafting the terms of a settlement. The firm negotiated many settlements on behalf of clients, both with and without the assistance of mediators.

Trials and Arbitrations

When it comes to trial, the firm knows how to win. From day one, we treat every single case as if that case is going to be tried, and we work backward to determine the information we need to prevail and create a tailored, targeted strategy from the get-go. We take the time to become experts in the law and facts of your case so we can present a persuasive case before the judge or jury.

The firm’s trial experience spans from New York Supreme Court to the Southern District of New York and it has been involved in arbitrations before JAMS and AAA.

Appeals

When it comes to appeals, the firm knows how to defend or correct a lower court’s decision. We understand appellate court procedure, and we pride ourselves on our written and oral advocacy.

The firm’s appellate experience spans from the New York Appellate Division to the Second Circuit.

Representative Experience

Commercial Litigation

Secured judgment worth $51 million plus interest on behalf of investment funds in action against Getty Images Holdings, Inc. premised upon its wrongful refusal to permit exercise of SPAC warrants until an SEC Form S-1 resale registration statement became effective.
Counseled intervenor shareholder in derivative action that sought hundreds of millions of dollars after company split off its most valuable assets into a separate company and paid shareholders, in exchange, grossly insufficient dividends.
Represented marketing company against Hasbro, Inc. in breach of contract and promissory estoppel action for its failure to pay bonuses tied to sales of SCRABBLE products in the U.S. and Canada.
Obtained dismissal of fraudulent conveyance action seeking over $3 million against two individual defendants and an entity.
Spearheaded defense of partner in JAMS arbitration alleged to have breached his fiduciary duty and prosecuted counterclaims for faithless servant and breach of fiduciary duty.
Prevailed on summary judgment on account stated claim against individuals and entity who failed to remit payment of legal invoices due and owing.

Employment and Executive Compensation Disputes

Represented participant and beneficiary of supplemental executive retirement plan (SERP) and participant of top-hat death benefits plan in ERISA action and obtained judgment valued at over $15 million after bench trial. Successfully defended judgment on appeal before Second Circuit.
Spearheaded defense of former manager of restaurant and bar against claims for gender and sexual orientation discrimination asserted under the New York State Human Rights Law and New York City Human Rights Law.
Assisted executive who was denied payment of contractual bonus in pre-litigation negotiations with company.
Represented and counseled founder and former CEO of company on rights to two supplemental executive retirement plans (SERPs) under ERISA in arbitration.

FINRA Investigations and Arbitrations

Spearheaded defense of registered individual in FINRA investigation into whether individual engaged in undisclosed outside business activities and private securities transactions.
Assisted registered individual subject to FINRA investigation into whether individual used prohibited electronic platform to communicate with a customer.
Represented claimant and pursued claims against registered individual and member firm for breach of fiduciary duty, tortious interference with prospective business advantage, negligent retention and supervision in FINRA arbitration premised upon actions taken after dissolution of team between claimant and registered individual.

Post-Judgment Enforcement

Aided judgment creditor in obtaining collection against debtor who created false aliases and hid personal assets through corporate entities to avoid payment.
Represented judgment creditor and successfully obtained order of contempt and judgment against third parties for actual fraudulent conveyance under New York Debtor and Creditor Law § 276, including award of attorneys’ fees and costs against judgment debtor and third parties incurred in turnover proceeding.

Includes matters handled prior to the formation of Melissa Yang PLLC.