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Judith Wallace

Judith Wallace



Illustrative Matters

  • Obtained summary judgment against Sunoco, Inc. in a federal breach of contract action for a purchaser that acquired oil storage tanks from Sunoco, pursuant to a sale agreement that required Sunoco to be in compliance with applicable environmental laws and state license requirements, and subsequently discovered that the tanks were improperly modified. Judge Thomas P. Griesa of the Southern District of New York granted summary judgment on the issue of liability, holding the purchaser was entitled to indemnification of up to $4.125 million from Sunoco for the costs of repairing the tanks. Superior Plus v. Sunoco Inc., No. 13 Civ. 7740, 2004 U.S. Dist. LEXIS 75086 (S.D.N.Y. June 2, 2014) (Judge Thomas P. Griesa).  
  • Won dismissal of two federal securities and commodities act lawsuits against a family of hedge funds and their advisors on the ground that the relevant transactions were not “domestic” in nature, even if some defendants were regulated entities located in the United States and there were other U.S. contacts. These two decisions – Starshinova v. Batratchenko, 2013 WL 1104288 (S.D.N.Y., Mar. 15, 2013) (Judge Kimba M. Wood) and Loginovskaya v. Batratchenko, 2013 WL 1285421 (S.D.N.Y., Mar. 29, 2013) (Judge J. Paul Oetken), redefine the applicability of federal commodities law to international financial transactions in light of the U.S. Supreme Court’s decision in Morrison v. Nat’l Austl. Bank, Ltd., 130 S.Ct. 2869 (2010).  Successfully argued the appeal of the Loginovskaya decision, which was affirmed by the Second Circuit in September 2014. Loginovskaya v. Batratchenko, 2014 WL 4358439 (2d Cir. 2014).
  • Successfully persuaded the New York Court of Appeals to reverse a unanimous Appellate Division decision and to reinstate the summary judgment of the Surrogate’s Court awarding ownership of The Cry, a monumental Jacques Lipchitz sculpture, to our client, a Canadian art collector. Mirvish v. Mott, 18 N.Y.3d 510, 942 N.Y.S.2d 404 (2012).
  • Obtained summary judgment in favor of the renowned artist, Robert Indiana, creator of the iconic LOVE sculpture, dismissing Lanham Act and contract claims asserted by an art publisher who claimed the right to produce and sell, as works of Robert Indiana, artwork depicting the Hindi word for “Love” in both the Hindi and English alphabet. This case involved issues relating to how much artist involvement is required to represent sculptures as authentic works of the artist. Gilbert v. Indiana, 2012 WL 688811 (S.D.N.Y. 2012) (Judge Katherine B. Forrest).
  • Secured dismissal of a related claim against artist Robert Indiana brought by a Monaco art dealer who had purchased the so-called “English Prem” works that were at issue in Gilbert v. Indiana, described above. Successfully moved to remove a case that was initially filed in Maine state court to federal court in Maine, and then successfully moved to transfer to the federal court in the Southern District of New York, where it was decided by the judge who previously dismissed claims relating to the same artwork in Gilbert v. Indiana. Tovar v. Indiana, 2013 WL 182749 (S.D.N.Y. 2013) (Judge Katherine B. Forrest).
  • Represent artists, artists’ estates, foundations, authentication boards, collectors and dealers in disputes over ownership, authorship and authenticity of artwork in state and federal courts; in art sales; in loans and gifts to cultural institutions; and in resolving insurance disputes relating to loss or damage.
  • Represent state agencies, public energy authorities, and private parties in environmental impact review pursuant to the National Environmental Policy Act and State Environmental Quality Review Act for conventional and renewable energy generation and other development and infrastructure projects.
  • Advise clients on compliance with historic preservation laws including Section 106 of the National Historic Preservation Act.
  • Litigation in state and federal courts of environmental, antitrust, and general commercial matters.
  • Represent clients in arbitration and in judicial challenges regarding arbitrability of disputes.

Education

  • B.A., 1987 New York University
  • J.D., 2005 Georgetown University Law Center (cum laude)

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