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Overview

Stephen L. Brodsky is a partner in the firm’s Litigation, Corporate, Financial Services and Construction practice groups.  Mr. Brodsky has a broad complex commercial litigation and business counseling practice. For his corporate and individual clients, he litigates on their behalf, resolves their disputes through direct negotiations, advises on their transactions and provides ongoing counsel in connection with their business dealings.

Mr. Brodsky’s practice spans industries. For example, he handles matters involving private company disputes (including “business divorces”); unfair competition, fraud and other business torts; restrictive covenant and employment disputes (management-side); claims involving corporate officers and directors; publicly traded and privately offered securities; banking matters; trade secrets; real estate development; public and private construction projects and contract disputes of all types.

Mr. Brodsky represents his clients in federal and state courts, from case inception through trial and appeal. Over his career, he has litigated significant, high-dollar cases in courts throughout the United States. He has argued at the trial and appellate levels and served as trial counsel in both bench and jury trials. He has also managed teams of attorneys and coordinated with other law firms in multi-party, consolidated national litigations.  Mr. Brodsky also represents his clients in arbitrations, mediation, administrative proceedings before government agencies and in negotiations that do not involve formal legal process.

Mr. Brodsky additionally advises his clients in connection with their acquisitions, sales and other transactions and on issues that arise related to their business operations.

Mr. Brodsky is rated AV Preeminent by his clients and peers (including former opposing counsel), the highest possible professional rating for attorneys. He is also a member of the Theodore Roosevelt Inn of Court, a society of attorneys, law professors and Judges in New York.

In addition to his practice, Mr. Brodsky writes and speaks on legal and business-related issues.  He has been published in journals such as the New York Law Journal, American Bar Association Securities Litigation Journal, Law 360, New York Bar Association Journal and Investment Management Weekly. Mr. Brodsky also teaches continuing legal education courses to fellow attorneys and presents seminars to business owners and executives.  He also serves in leadership roles in professional associations, such as the American Bar Association, New York State Bar Association and Private Director Association.

Finally, Mr. Brodsky is committed to giving back. He is a Board member of a New York non-profit and active in both national and local organizations. 

For the majority of his career prior to joining the firm, Mr. Brodsky practiced in the New York offices of national firms.

Admissions

  • New York
  • U.S. District Court
    • Southern District of New York
    • Eastern District of New York
  • U.S. Court of Appeals
    • Second Circuit
    • Third Circuit
    • Eighth Circuit

Education

  • Columbia Law School – J.D.
    Harlan Fiske Stone Scholar
    Member, Journal of Law and Social Problems
  • University of Pennsylvania – B.A., summa cum laude, Phi Beta Kappa, Dean’s Honor List, Dean’s Board

Professional Memberships

  • American Bar Association
    • Co-Chair, Securities Litigation Subcommittee
    • Practice Points Editor, Commercial & Business Litigation Committee
    • Co-Chair, Alternative Dispute Resolution Subcommittee (2018-2019)
  • New York State Bar Association
    • Chair, Business Organizations Law Committee
    • Co-Chair, Committee on Federal Judiciary
  • Nassau County Bar Association
    • Member, Construction Law, Commercial Litigation and Alternative Dispute Resolution Committees
  • Private Directors Association, NY Chapter
    • Co-Chair, Program Committee
  • Theodore Roosevelt American Inn of Court
    • Member

Community Affiliations

Mr. Brodsky is a Board member of and Counsel to Autism Communities, a New York non-profit organization establishing supportive residential housing for adults with autism in the state, with social, educational and employment opportunities.

Mr. Brodsky is actively involved in Autism Speaks, a national non-profit autism advocacy, research and support organization. He is a Volunteer Advocacy Ambassador for the State of New York. In that role, Mr. Brodsky, along with other advocates across the country, works with federal and state government representatives to further Autism Speaks’ policy initiatives. He is also a Member of the Autism Speaks Long Island Walk Committee. The Long Island Walk is the second largest fundraising walk event for Autism Speaks in the United States

Representative Litigation

  • Professional Security Broadband, Inc. v. D. Brent Franklin, 2:16-CV-02488-FB-GRB (E.D.N.Y.) (Successfully represented an industry-leading company in a federal litigation and related arbitration asserting fiduciary duty, shareholder and employment breaches by the company’s former officer, director and shareholder; coordinated the defense of a related Pennsylvania state court action by the former officer asserting wrongful termination, wage statute and defamation claims against the company and its directors).
  • Cityfront Hotel Assocs. Limited Partnership v. Maya Systems, LLC d/b/a Benchmark Furniture Manufacturing, 1:16-CV-02488-CBA-RLM (E.D.N.Y.) and Maya Systems, LLC, d/b/a Benchmark Furniture Manufacturing v. THR 43 Land LLC, et al., N.Y. Sup. Ct., N.Y. County, Index No. 651670/2014 (James, J.) (Successfully defended a national furniture manufacturing company in related federal and state litigations alleging defective manufacturing and breach of contract claims; co-hearing counsel for the company in week-long private arbitration).
  • In re Kleinberg Electric, Inc., N.Y. State Dept. of Economic Development (Final Order 18-15) (Reversing denial of NYS Woman Business Enterprise (WBE) re-certification for a national electrical company; lead appellate brief writer).
  • Bonadio v. Bonadio, N.Y. Sup. Ct., Queens County, Index No. 710368/2016 (Caloras, J.) (Granting summary judgment in real property dispute, awarding affirmative declaration of an easement and dismissal of all counterclaims).
  • Bank of Communications, New York Branch v. Ocean Development America, Inc., et al., 1:07-CV-04628-TPG (S.D.N.Y.) (Awarding judgment in favor of fifth largest bank in China in fraudulent conveyance action against counterparties after their default on a $5 million loan; co-trial counsel for bank).
  • Chen v. Sun, et al., 1:13-CV-00280-ALC-KNF, 2016 WL 270869 (S.D.N.Y Jan. 21, 2016) (Dismissing, for lack of subject matter jurisdiction, counterparty’s foreign money judgment enforcement action).
  • 70 West 45th Street Holding v. Waterscape Resort, LLC, N.Y. Sup. Ct., N.Y. County, Index No. 651670/2014 (Kornreich, J.) (Granting summary judgment and releasing $500,000 escrow guaranty payment, after counterparty’s failures in the development of a high-end, celebrity chef affiliated Manhattan restaurant).
  • Waterscape Resort LLC v. 70 West 45th Street LLC, et al., N.Y. Sup. Ct., N.Y. County, Index No. 652124/2014) (Scarpulla, J.) (Denying preliminary injunction in action alleging infringement and misuse of hotel trademark and tradename by client).
  • PCCP Capital II, LLC v. HNA Property Holdings LLC, N.Y. Sup. Ct., N.Y. County, Index No. 615808/2013 (Ramos, J.) (Denying summary judgment in action seeking payment of an $8.12 million guaranty in connection with New York City development project).
  • Cayuga Indian Nation of New York v. Village of Union Springs, et al., 317 F. Supp. 2d 128 (N.D.N.Y. 2004) (Granting summary judgment for native American tribe, awarding declaratory judgment allowing the tribe’s use of property within municipalities’ boundaries; co-hearing counsel).
  • Dubinsky v. American Arbitration Association, et al.,303 A.D.2d 318, 758 N.Y.S.2d 18 (1st Dept. 2003) (Affirming dismissal, on the pleadings, of breach of contract and tortious interference action brought against largest insurance company in the United States).
  • Freeman v. Sandals Resorts, Int’l, Ltd, 3:00-CV-01512 (D. Conn. 2003) (Successful defense jury verdict, after week-long trial, of negligence action against international resort company; second chair for resort at jury trial).
  • A&A Assocs. v. Olympic Plumbing & Heating Corp., et. al,306 A.D.2d 296, 760 N.Y.S.2d 652 (2d Dept. 2003) (Affirming summary judgment, dismissing unfair competition action against plumbing and heating company).
  • Brown v. Sandals Resorts, Int’l, Ltd, 284 F.3d 949 (8th Cir. 2002) (Upholding jury verdict in favor of defendant international resort company in negligence action).
  • Smith v. S&S Dundalk Engineering Works, Ltd., et al.,139 F. Supp. 2d 610 (D. N.J. 2001) (Dismissing, for lack of personal jurisdiction, declaratory judgment coverage action against multi-national insurance company).
  • AIU Ins. Co. v. Unicover Managers, Inc., et al.,282 A.D.2d 260, 724 N.Y.S.2d 147 (1st Dept. 2001) (Affirming dismissal of reinsurance coverage and breach of contract action against managing general underwriter for pool of reinsurers).
  • AV® Preeminent™ Rated by Martindale-Hubbell
  • Theodore Roosevelt American Inn of Court Member
  • Cross-Border Arbitration: A Beneficial Alternative To Resolving International Commercial Disputes,” American Bar Association, Commercial & Business Litigation Committee Quarterly – Spring 2019
  • “Restrictive Covenants In Employment and Related Contracts: Key Considerations You Should Know,” ABA’s Commercial & Business Litigation Practice Points – February 9, 2019
  • “Best Practices When Using Term Sheets, Letters of Intent or Memoranda of Understanding in Commercial Finance Transactions,” TSL Express – October 30, 2018
  • “Protecting Venture Capital Firms Against Securities Litigation,” ABA Securities Litigation Journal – August 25, 2018
  • “Navigating Federal and State Law in a NY Arbitration,” New York Law Journal – August 3, 2018
  • “Enforcing Preliminary Agreements Under New York Federal Law,” New York Law Journal – January 5, 2018
  • “M/WBE Regulatory Compliance – “Make The Effort/ Get The Waiver,” Client Alert – December 2017
  • “Business Disputes in the Time of COVID-19,” Presenter, Accountants Resource Group – April 28, 2020
  • “Resolving Shareholder Disputes,” Panelist and Faculty Member, Financial Poise and West Legal (webinar available at WestLegalEdcenter.com) – April 1, 2020
  • “Arbitration – Best Practices, Hot Topics and Insights from the Panel,” Moderator, Co-Chair of Alternative Dispute Resolution Subcommittee, American Bar Association (Panelists – Hon. Michael H. Dolinger (Ret.), Mr. Theo Cheng and Dr. Patricia D. Galloway) – October 8, 2019
  • “Business Succession Planning and Negotiating Agreements for Your Business,” Presented with Blue Ocean Wealth Solutions – June 26, 2019
  • “Conducting A Commercial Arbitration In New York: The Interplay of Federal Law, State Law and The Rules of The Arbitration Forum,” CLE Seminar, Nassau County Bar Association – February 28, 2019
  • “Restrictive Covenants and Confidentiality Agreements: What They Are and What You Need To Know,” CLE Webinar, The Knowledge Group – September 26, 2018
Super Lawyers Martindale Hubbel AV Preeminent Law 360