Clinton Brook & Peed would like to wish a warm Happy New Year to all of its clients, co-counsel, colleagues, and friends. As we look to the future, we also wish to briefly recap some of the highlights of 2015, in which we grew from five lawyers to seven, oversaw the successful resolution of several matters, and received numerous honors and awards:
CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE; CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
SELECT PRACTICE HIGHLIGHTS:
- In the case of United States v. Anthony Cuti, 13-cr-2042, the Second Circuit U.S. Court of Appeals issued an amended opinion vacating more than two-thirds of the $7.6 million restitution award that had been imposed on former Duane Reade drugstore chain CEO Anthony Cuti by the Southern District of New York following Mr. Cuti’s 2010 conviction for securities fraud in response to a petition for rehearing filed by the firm.
- In an appeal before the D.C. Circuit U.S. Court of Appeals, the firm succeeded in obtaining a reversal of a client’s 22-year sentence in a narcotics case after the government conceded error on every issue briefed. The firm also successfully convinced the court to issue a rare order remanding the case to a new judge for resentencing.
- On behalf of a New York-based CleanTech company and its management, the firm successfully resolved a complaint alleging fraud, breach of fiduciary duty, and other causes of action within two months of filing in a manner that—in management’s estimation—actually made money for the defendant company. In addition, the plaintiffs jointly executed a letter stating that they “repudiate all allegations of wrongdoing,” and that they “confirm that the Civil Action was filed in error” and that the company and its management “did not commit any violations of law.”
- On behalf of a former SEC prosecutor and his former law firm, the American Arbitration Association granted the firm’s motion for summary judgment, dismissing all allegations against our clients (including claims seeking injunctive relief and nearly $2 million in damages), and finding that our clients were entitled to damages. Still pending in that case are our clients’ additional claims for punitive damages, attorneys’ fees and costs, and sanctions against the plaintiffs-claimants and their attorneys. A similar request remains pending before the U.S. Bankruptcy Court for the District of Columbia.
- After a three-day bench trial, the firm also succeeded in securing the appointment of a custodian for a family real estate corporation estimated to be worth over $160 million. This verdict created momentum that resulted in the amicable settlement of the related years-long dispute involving cross-allegations of fraud, breach of fiduciary duty, diversion of corporate opportunity, conversion, and other corporate claims between and among the shareholders and directors of that corporation.
- The firm secured an acquittal in its first case involving a police body camera. The video evidence was crucial to contradicting the officer’s testimony, highlighting the importance of implementing this technology nationwide.
HONORS AND RECOGNITION:
- In January, Tim Clinton was named by the American Society of Legal Advocates as one of the “Top 40 Under 40 Criminal Defense Lawyers in the District of Columbia” for the second year in a row. Tim’s selection was, according to the ASLA, the culmination of a “rigorous, manual multi-stage review” that includes review of client assessments, public filings, educational accomplishments, involvement and leadership in bar associations and professional organizations, activities within the community, and demonstrated legal community.
- In May, for the second year in a row, Washington DC SuperLawyers Magazine selected Matt Peed, Tim Clinton, and Noah Clements for inclusion in their list of “Rising Stars” for 2015. According to SuperLawyers, their selection resulted from a multiphase selection process that combines peer nominations and evaluations with third party research based on twelve indicators of peer recognition and professional achievement. The objective of SuperLawyers’ list is “to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.”
- Noah Clements and David Chung joined the firm this year as Of Counsel. Noah is a trial specialist with an emphasis on criminal defense, who also has handled international fraud and corruption investigations, employment litigation with national security implications, complex railroad transportation cases, and software-related intellectual property issues. David, after practicing BigLaw for several years in a number of transactional, regulatory, and litigation contexts, owned and operated several successful venues in the nation’s capital. During that period, he also first-chaired multiple trials and was responsible for all labor, contract, litigation, tax, and regulatory matters related to those ventures. David will pioneer the firm’s specialized practice before the District of Columbia’s Alcohol Beverage Regulation Administration.
- Kari Parks joined the firm as an associate attorney, making the lateral move from the Manhattan office of Linklaters LLP. Kari, a graduate of Northwestern’s law school, is a general litigation associate with experience in civil litigation, government regulatory investigations, and criminal defense.