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Overview

Stephen L. Brodsky is an attorney in the firm’s Financial Services, Litigation and Construction practice groups. Mr. Brodsky has a broad complex commercial litigation practice. He has represented corporate and individual clients in matters involving unfair competition, fraud and other business torts, shareholder, partnership and LLC disputes (“business divorces”), restrictive covenant and employment disputes (management-side), fiduciary duty and other claims involving corporate officers and directors, securities and banking matters, development projects, class action and multi-district litigation and breach of contract disputes of all types. Mr. Brodsky also represents general contractors, subcontractors, manufacturing companies and supply companies both in public and private construction projects. He advises these clients during the on-going projects and represents them in disputes that arise in connection with the projects.

Mr. Brodsky practices in federal and state courts, from case inception through trial and appeal. Over his career, he has litigated significant, high-dollar matters 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 additionally represents clients in arbitrations, in mediation and before government agencies. Finally, Mr. Brodsky represents and advises his clients to resolve their disputes without formal legal process.

Mr. Brodsky has an AV Preeminent Martindale-Hubbell rating, the highest possible rating, by his clients and peers (including by his former opposing counsel). His focus is creative problem solving and thoughtful advocacy.

In addition to his practice, Mr. Brodsky regularly 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, Investment Management Weekly, New York Bar Association Journal and NY Litigator. He has also taught continuing legal education courses to fellow attorneys and presented seminars to business owners and executives.

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

Community Affiliations

Mr. Brodsky is an Officer and Board member of 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 was a Committee Member for the 20th Anniversary/2019 Autism Speaks Long Island Walk.

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).
  • 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
  • Cross-Border Arbitration: A Beneficial Alternative To Resolving International Commercial Disputes”, ABA, Section of Litigation Commercial & Business Litigation Committee Newsletter, Spring 2019
  • “Restrictive Covenants In Employment and Related Contracts: Key Considerations You Should Know”, ABA’s Commercial & Business Litigation Practice Points, Feb., 9, 2019

  •  “Best Practices When Using Term Sheets, Letters of Intent or Memoranda of Understanding in Commercial Finance Transactions”, TSL Express, Oct. 30, 2018

  •  “Protecting Venture Capital Firms Against Securities Litigation”, ABA Securities Litigation Journal, Aug. 25, 2018

  • “Navigating Federal and State Law in a NY Arbitration”, New York Law Journal, Aug. 3, 2018

  • “Enforcing Preliminary Agreements Under New York Federal Law”, New York Law Journal, Jan. 5, 2018

  • “M/WBE Regulatory Compliance – “Make The Effort/ Get The Waiver”, Client Alert, Dec. 2017

    • “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