Jeff is an experienced litigator who concentrates in complex commercial litigation, bankruptcy adversary proceedings, international disputes, non-compete agreements, cybersecurity incidents and disputes involving cryptocurrency.
Jeff focuses on business litigation, shareholder disputes, derivative actions, breach of contract, business fraud, judgment enforcement, commercial real estate disputes and construction litigation. He regularly represents secured lenders and other creditors in bankruptcy adversary proceedings. He also represents clients concerning non-compete and non-solicitation agreements.
Jeff is also experienced in international disputes, including international arbitration proceedings, disputes involving foreign parties, cross-border discovery, customs litigation and enforcing foreign judgments. He is co-chair of the International Law Committee of the Bar Association of Erie County and is admitted as a Foreign Legal Consultant in Ontario, Canada and at the U.S. Court of International Trade.
Jeff also counsels clients concerning data privacy laws and regulations. He assists clients in response to data breaches, ransomware, cyberattacks, business email compromise and other data security incidents. He also represents clients in litigation related to cybersecurity, cryptocurrency and other digital assets.
Prior to joining Phillips Lytle, Jeff practiced in the litigation group at Gibson Dunn LLP.
Named Upstate New York Super Lawyers® Rising Star, 2020
Education & Admissions
Education
University of Pennsylvania Law School, J.D., 2009
Duke University, B.A., magna cum laude, 2006
Admitted to Practice
New York
U.S. District Court, Eastern, Southern and Western Districts of New York
U.S. Bankruptcy Court, Western District of New York
U.S. Court of Appeals, Second Circuit
U.S. Court of International Trade
Ontario, Canada – Foreign Legal Consultant
Experience
Business Litigation
Represented an acquiring company to assert claims against a seller and a former employee for breach of asset purchase agreement and non-compete agreement.
Represented a private equity firm in a shareholder dispute concerning control over an investment company.
Represented real estate companies in disputes with a mortgage lender and a mezzanine lender concerning alleged loan defaults.
Represented an investor in the health care business against claims by common shareholders alleging breach of fiduciary duty.
Represented a construction company at a multiweek federal trial concerning dispute with a subcontractor over construction delays.
International Litigation
Represented a client in international arbitration proceedings (ICDR) related to shareholder disputes and breach of an employment agreement.
Represented a Chinese importer in an administrative penalty case before the Court of International Trade.
Coordinated with local Canadian counsel representing a U.S. manufacturer in a product liability case brought in Ontario, Canada.
Represented a former executive and shareholder of a business in international arbitration related to the value of his equity interest and breach of his employment agreement. Successfully achieved an award valued over $8 million.
Data Privacy and Cybersecurity
Counseled companies in response to cyberattacks and data incidents, including threat identification, mitigation and recovery efforts.
Assisted companies in data breach notification to customers, clients, state regulators, credit card companies and credit rating agencies.
Represented an online retailer asserting claims against a former e-commerce vendor related to the vendor’s data breach.
Bankruptcy Litigation
Represented a financial institution in a bankruptcy adversary proceeding concerning loans made by the financial institution to an alleged Ponzi scheme.
Successfully defeated claims by a bankruptcy trustee against a creditor for alleged amounts due under an agreement by proving that debtor breached the contract.
Cryptocurrency and Blockchain
Represented a victim of cryptocurrency theft to asset claims against a cryptocurrency exchange and in dispute with insurer concerning coverage.
Co-Author, “Riding the Wave of New Data Privacy and Security Laws in 2023,” Buffalo Business First, May 2023
Co-Author, “Navigating Emerging Cybersecurity Threats and Developments in Data Security and Privacy Laws,” Buffalo Business First, January 2022
Co-Author, Adapting to Evolving Cybersecurity Risks and Updated Data Security and Privacy Laws,” Albany Business Review, September 2021
Co-Author, “U.S. Supreme Court to Review Whether U.S. Discovery Can Be Used in Aid of International Arbitration,” Beyond Dispute, Phillips Lytle Commercial Litigation Newsletter, June 2021
Co-Author, “Data Security and Privacy Developments in 2019 and Looking Ahead to 2020,” Buffalo Business First, January 2020
Co-Author, “Where Is Your Data?” Buffalo Business First, June 2018
Author, “Getting Evidence in U.S. for Foreign Proceedings,” Buffalo Law Journal, June 2017
Author, “Obtaining Evidence in the U.S. for Use in Foreign Proceedings,” LawExchange International, April 2017
Publications
Co-Author, “New York, U.S.A.,” 2022 Guide to Enforcing Foreign Judgments, LawExhange International, May 2022
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