Contact information

Contact

28 Liberty Street
41st Fl.
New York, New York 10005
D/212-238-8618

When my clients approach me with an issue, the first thing we discuss is what a victory would look like. Taking this practical approach, I give advice backed by my analysis and experience but informed by the client's ultimate objectives. Because I believe in being entirely candid, I lay out all pros and cons of their options and point them in the optimal direction so they can make an informed and sensible decision.

Alex is a partner in the Firm’s Litigation and Dispute Resolution Practice and focuses on representing clients in financial services litigation, fiduciary litigation, restrictive covenants, and management and shareholder disputes. Alex has recovered millions of dollars for lenders, and has been involved in complex litigation in New York and New Jersey state, surrogate’s, and federal courts, as well as the Delaware Court of Chancery. Alex successfully argued cases before the Second Circuit, the New York Appellate Division, and the Supreme Court of Delaware.

Alex is Co-Chair of Carter Ledyard’s Cannabis, Hemp & CBD Industry Group, frequently advising start-ups and established players in the growing cannabis ecosystem on a diverse range of topics, drawing on Carter Ledyard’s deep bench of expertise in the areas of M&A, securities, real estate, and corporate law. Alex frequently speaks and writes about on these topics for Law360, the New York Law Journal, and Reuters (where he has a regular column on cannabis law). Many of Alex’s clients are cross-border investors and operators seeking to access the growing U.S. market. Alex also counsels institutions in connection with the obligations and enforcement of the restrictive covenants of employees and potential hires.

Alex has been part of the trial team in precedent- setting cases with respect to the reach of federal commodities laws, the application of New York’s limited liability company law, the ability of sophisticated investors to pursue common law fraud and securities claims in connection with complex financial products, and the ability of shareholders to remove management in the face of allegations of fraud. Alex has also advised companies in connection with Securities Exchange Commission (SEC) and FINRA investigations, as well as shareholder derivative and class-action litigation.

Alex’s clients include foreign investors from Europe and Asia, institutional trustees, hedge funds, brokerage firms, and owners of closely held businesses. Alex is also intimately involved in Carter Ledyard’s membership in Meritas Law Firms Worldwide and Legalink, often advising law- firms and clients from other jurisdictions about the nuances of New York law. These connections also allow Alex to leverage Carter Ledyard’s extensive network to help clients with complex cross-border disputes. As a result of this Alex has extensive experience with cross-border discovery issues, as well as cultural sensitivities about “U.S. style” litigation.

Experience

  • First-chaired a two-day trial in the Delaware Court of Chancery in connection with the replacement of management of iFresh, Inc., a publicly traded Asian specialty food store chain. The hotly contested litigation included allegations that the shares used to remove management were secured by fraud, and the extensive post-trial decision successfully defendant on appeal before the Delaware Supreme Court (see Dengrong Zhou v. Long Deng at, al., 2022 WL 4367379 [Del Ch Ct, Sept. 20, 2022, C.A. No. 2021-0026-JRS] aff’d 2022 WL 16832660 [Del Sup Ct, Nov. 9, 2022, No. 152, 2022]).  Successfully secured the dismissal of related defamation, and aiding and abetting breach of fiduciary duty, claims in New York brought by removed management.
  • Recovered millions of dollars for lenders in cases in New York and New Jersey state and federal courts in connection with asset- backed loans.  Regularly deal with merchant cash advance and high-interest rate lending cases implicating federal preemption issues.
  • Represented bitcoin mining company in connection with workouts of debt obligations and contracts.
  • Secured a $2 million judgment for a Chinese investor in connection with a failed real-estate project in New Jersey.
  • Advising Canadian and American issuers in connection with the state of the law and appropriate disclosures to potential investors. Advising prospective distributor and processor of industrial hemp in connection with logistical issues, and the impact of the 2018 Farm Bill which de scheduled it as a drug. Advising distributors of products containing CBD in connection with FDA regulations and compliance issues. Advising licensed operators in New York in connection with New York’s Cannabis Law (Chapter 7-A of the Consolidated Laws of New York).
  • Represented foreign investors that purchased Collateralized Debt Obligations in a series of matters in the Southern District of New York and the New York Commercial Division. Several of the cases resulted in precedent-setting decisions in the Appellate Division, First Department, and the Second Circuit, with respect to the viability of fraud claims that occurred in the run-up to the 2007-08 financial crisis.
  • Represented an offshore hedge fund in litigation brought by investors based in Russia, securing a judgment dismissing all claims brought under the Commodity Exchange Act. The dismissal was affirmed by the Second Circuit in Loginovskaya v. Batratchenko, 764 F.3d 266 (2d Cir. 2014), the first decision of its kind to apply the presumption against extraterritoriality to claims brought under the Commodity Exchange Act.
  • Represented a brokerage firm in a raiding dispute against a group of departing brokers and their new firm. The case involved a multi-year arbitration and related state court proceedings seeking to enforce the departing brokers' obligations under their various contracts.
  • Routinely advise a major investment bank in connection with the enforcement of the restrictive covenants of its own employees, and the restrictive covenant obligations of potential hires.
  • Represented a publicly traded company with respect to an SEC enforcement action, and related civil litigation, alleging financial mismanagement and inaccurate financial reporting.
  • Frequently represent owners and business partners in governance and ownership disputes. Was one of the attorneys who secured a precedent setting appellate decision in New York that allowed the majority of the members in interest to adopt an operating agreement for a limited liability company over the objections of a dissenting minority owner (see Shapiro v. Ettenson, 146 A.D.3d 650 (1st Dep't, 2017)).

News & Insights

View All