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Experience
Jean-Marie Atamian handles complex commercial litigation before state and federal trial and appellate courts. He has extensive securities fraud litigation experience, which has included representing corporations, financial services firms, accounting firms, and individuals in Rule 10b-5, control person, insider trading, stock manipulation, and RICO actions (and class actions). His banking litigation experience has included representation of US and foreign banks in lender liability and fraud actions.
Jean-Marie has also represented clients in a wide variety of bankruptcy, general civil litigation, real estate, and accountant liability actions. He has represented several Big Four (and other) accounting firms in actions including negligence, fraud, and aider and abettor claims. In addition, he has represented corporations, banks, and consulting firms in bankruptcy actions, including adversary proceedings, preference actions, and cash collateral hearings. Other commercial litigation matters in which Jean-Marie has been involved include advising property owners in disputes with management companies, governmental agencies, and lessees; and counseling corporate and individual clients in federal and state court actions involving contract disputes, tortious interference, unfair trade practices, fraudulent conveyances, veil piercing, sovereign immunity, and illegal takings. He has also represented various business entities in disputes arising from the withdrawal of former partners.
Notable Engagements:
Morgan Stanley, et al. v. Swiss Casinos of America, US District Court, Southern District of New York: Obtained a $40 million summary judgment award on behalf of Morgan Stanley, which had sued a large gaming corporation for breach of contract in connection with the purchase of high yield notes and warrants.
In re Adelphia Communications Securities Litigation, US District Court, Southern District of New York: Represented Bank of Montreal (BMO) and its investment banking affiliate in numerous consolidated securities fraud actions arising from the 2002 bankruptcy filing by and corporate scandal surrounding Adelphia. The various actions allege that financial institutions, including BMO, assisted in the multi-billion dollar fraud against Adelphia and its shareholders committed by Adelphia executives and board members.
Naya Inc., et al. v. Bank of Montreal, et al., Supreme Court of the State of New York: Obtained dismissal of a $400 million lender liability action against Bank of Montreal and National Bank of Canada. Plaintiffs, including former owners of a large Canadian beverage company, had initiated a multi-count action arising from the sale of that company to an American subsidiary of Danone, a French company.
F&R v. Fleet Capital Corporation, US District Court, District of New Jersey: Represented Fleet Capital Corporation (predecessor to Bank of America) in a lender liability action. Following a one-month bench trial, Judge Dennis Cavanaugh dismissed the remaining claims against Fleet Capital Corporation and granted its counterclaims for breach of contract.
CCG v. Fleet Capital Corporation, US Bankruptcy Court, Middle District of North Carolina: Obtained summary judgment on behalf of Fleet Capital Corporation (predecessor to Bank of America) in a lender liability action alleging (a) breach of the credit facility at issue, (b) breach of the duty of good faith and fair dealing under the agreement, and (c) violation of North Carolina’s unfair trade practices act. The bank’s former borrower had initiated this adversary proceeding following a hearing in which it had been denied use of cash collateral.
Intelnet International v. ITT Corporation, et al., Superior Court of New Jersey: Represented Starwood Hotels in a $1.5 billion breach of contract action alleging that it was contractually obligated to purchase various telecommunications and media services from plaintiff. Obtained summary judgment dismissing most of plaintiff’s claims and, following a 25-day bench trial on the remaining claims, the Court dismissed the remaining claims against Starwood.
Accenture LLP v. Computer Sciences Corporation, Supreme Court of the State of New York: Served as counsel in Accenture’s lawsuit against Computer Sciences Corporation for breach of contract in connection with the outsourcing of information technology. The action was ultimately submitted for binding arbitration and was decided in favor of Accenture. Details of the judgment are confidential.
Garrick-Aug v. The Sports Club Company, et al., Supreme Court of the State of New York: Represented an owner of upscale fitness centers in a major real estate dispute. After a two-week bench trial, the judge granted a directed verdict dismissing all claims against the client.
Sand v. Coinmach, et al., US District Court, Eastern District of New York: Won a motion to dismiss, with prejudice, in a Rule 10b-5 class action against the company and its three senior executives.
Education:
Columbia University Law School, JD, 1984, Columbia College, BA summa cum laude, 1981; Phi Beta Kappa, Dean's List. |
