Scarinci & Hollenbeck, LLC Achieves Landmark Reinstatement of Claims in the New York Appellate Division
New York, NY – January 22, 2025 – Scarinci & Hollenbeck, LLC is proud to announce that Dan Brecher, Chair of the firm’s Securities and Investment Banking Group, achieved a significant appellate victory on behalf of the firm’s client, reaffirming the firm’s prowess in appellate litigation and claims involving fraud.
The New York Supreme Court’s Appellate Division, First Department, issued a unanimous decision by a five-judge panel reversing the lower court’s dismissal of a key claim brought derivatively by shareholders against their corporation’s accountants. The claim, centered on a breach of the covenant of good faith and fair dealing that is implicit in all New York contracts, will now proceed to trial.
In 2020, the lower court dismissed ten causes of action in this case. Thanks to Mr. Brecher’s advocacy, the majority of those dismissed claims have now been restored. The case will move forward against defendants accused of embezzling, and aiding the embezzlement of, corporate funds and professional malpractice.
“This decision underscores the importance of holding fiduciaries accountable for their actions,” said Dan Brecher. “We are pleased that the appellate court recognized the merits of our arguments and reinstated this critical claim against professionals who aided and hid the fraudulent transactions. The courts tend to be protective of professionals charged with malpractice, but we were able to show the Court that these accountants hid the embezzlement from the shareholder plaintiffs for years by distributing false reports about the corporation’s assets.” The case is Jobar Holding Corporation, et al. v. Barbara Halio, et al., Case No. 2021-01048.
This success is a testament to Scarinci & Hollenbeck, LLC’s unwavering dedication to pursuing justice for its clients.
About Scarinci & Hollenbeck, LLC’s NYC Office Scarinci & Hollenbeck, LLC’s New York office stands as a leading partner for businesses looking to thrive in a fast-paced marketplace. Our seasoned team offers comprehensive counsel across the critical practice areas —Bankruptcy & Creditors’ Rights, Commercial Real Estate, Corporate Governance and Regulatory Compliance, Corporate Transactions & Business, Emerging Technologies (including blockchain, AI, and cryptocurrency), Intellectual Property, Litigation, Mergers and Acquisitions, Securities and Investment Banking, Tax, and Trusts & Estates. By combining deep legal insight with a proven track record in New York City’s dynamic economy, we tailor solutions that protect your interests, ensure compliance, and seize new opportunities. Get in touch today and learn how our dedicated attorneys can help drive your organization’s success
Sean Pena Joins Montclair State University as Adjunct Professor
Scarinci Hollenbeck, LLC is pleased to announce that Sean M. Pena, a Partner in the firm’s Litigation group, has been appointed as an Adjunct Professor in the Department of Political Science and Law at Montclair State University. He will teach Perspectives on Law: Theoretical Foundations and Practical Applications of United States Legal Systems during the […]
Scarinci Hollenbeck Attorneys Recognized as 2027 Best Lawyers in America®
Nine Scarinci Hollenbeck Attorneys Recognized in 2027 Edition of Best Lawyers in America® Scarinci Hollenbeck, LLC is pleased to announce that nine of its attorneys have been recognized in the 2027 edition of The Best Lawyers in America® and Best Lawyers: Ones to Watch in America®. First published in 1983, Best Lawyers is universally regarded […]
Scarinci Hollenbeck Awards Second Annual Theodore A. Schwartz Scholarship for Environmental Law
Scarinci Hollenbeck Congratulates Environmental Law Scholarship Recipient Talha Iqbal! Scarinci Hollenbeck, LLC has awarded the second annual Theodore A. Schwartz Scholarship for Environmental Law to Talha Iqbal, a rising third-year student at Rutgers Law School in Newark. Mr. Iqbal will receive $2,500 to support his continued legal education. The Environmental Law Scholarship is awarded annually […]
Scarinci Hollenbeck Adds Four Litigation Attorneys Across New Jersey and New York
Two Partners, a Counsel, and a Senior Associate Deepen the Firm’s Litigation Bench in Little Falls, Red Bank, and New York City Following last month’s announcement that eight attorneys joined the firm, Scarinci Hollenbeck, LLC continues its expansion, this time strengthening its Litigation Group. The firm welcomes Paul S. Grossman and Jay R. McDaniel as […]
Scarinci Hollenbeck’s Robert E. Levy Served as Counsel to NJSIAA in Championship Revocation Decision
Unanimous Controversies Committee ruling addresses the scope of an athletic association’s disciplinary authority and the procedural standards governing its exercise. Scarinci Hollenbeck, LLC announced today that Partner Robert E. Levy served as counsel to the New Jersey State Interscholastic Athletic Association (NJSIAA) in the proceedings that resulted in the revocation of the 2025 regional and […]
Mark Tabakin, Donald Scarinci and Don Pepe, Named to NJBIZ's 2026 Power 50 in Law List
Scarinci Hollenbeck Congratulates Partners Mark Tabakin, Donald Scarinci, and Don Pepe for Inclusion in NJBIZ’s 2026 Power 50 in Law List Scarinci Hollenbeck, LLC is proud to announce that Donald Scarinci, Founding & Managing Partner, Donald M. Pepe, Partner of the firm’s Commercial Real Estate Department, and Mark A. Tabakin, Partner in the firm’s Public […]
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