He has experience as co-counsel in a variety of foreign countries in Europe and Asia, as well as the Middle East. His clients include public and private corporations, not-for-profits, franchisers and franchisees, owner-developers, large contractors, architects, engineers, and related entities. His trial experience and litigation for both plaintiffs and defendants includes complex commercial matters, construction failure and collapse, construction delay, breach of contract, breach of fiduciary duty, professional behavior, fraud, employment, intellectual property, and publishing and First Amendment rights.
Before joining the firm Eugene was chair of the New York litigation group and co-chair of the construction practice group of nationally recognized law firms.
Eugene is the author of recent articles on the application of the FCPA to the business dealings of architects and engineers in the international arena.
Eugene has served in the following representative trials:
- As lead trial counsel represented family member of deceased tennis star whose death was caused by lethal injection in government experimental drug tests. Won Federal Tort Claims Act verdict after trial to Court and jury. Matter involved complicated issues of privilege, immunity, fraudulently obtained releases and classified information.
- As lead trial counsel represented educational institution in wrongful termination case brought by tenured professor in State Court. After appeal of minor jury verdict, case was dismissed. Subsequent action in Federal Court was dismissed and the dismissal was affirmed by the Circuit Court of Appeals. A core issue was academic freedom, and disinclination of courts to interfere in academic governance.
- As lead trial counsel in jury trial in federal court defended officers of corporation against fraud and related claims. After verdict was rendered against clients, verdict was reversed on appeal as a matter of law and case dismissed. Issue on appeal was whether parent and its corporate officers could be liable for actions of subsidiary when proper corporate forms were observed, and active direct, pervasive participation in the affairs of the corporation was not evident.
- As lead trial counsel in jury trial represented one of country’s largest mall builders, operators, and owners, in matter with respect to fraudulent diversion of loan proceeds by associated firms and individuals. Verdict rendered for plaintiff. Issues of RICO predicate acts and conspiracy were the subject of motion practice prior to trial with Court issuing a lengthy analysis of RICO statute.
- As lead trial counsel represented an importer of a perishable commodity in suit brought by exporter for payment of contract price. After trial to a Judge of the United States Court of Trade (sitting as a District Court Judge) and after post trial additional discovery, the Court dismissed the complaint on novel ground of illegality of contract. To meet contractual terms the goods required a certificate of origin, which though included in shipping documents, could only have been obtained by forgery or fraud.
Other Representative Matters
- As lead counsel represented owners of ethanol plant conversion with respect to failure of plant to function and delay claims. Also represented owners in Bankruptcy proceedings as co- counsel. A foreign company which entered into design-build contract to convert beer brewery to ethanol plant sought to prevent drawdown by owners on letter of credit. After an evidentiary hearing the court denied the injunction and other relief sought by contractor.
- As lead counsel represented the City of New York with respect to claims of approximately one billion dollars resulting from the collapse of World Trade Center 7 onto a Con Edison Power Station situated under the building. Initial claims were filed by the building’s owner and Con Ed. After special discovery was had under a New York claims procedure the owners claim was withdrawn. Extensive discovery of City personnel was conducted after which the City moved for summary judgment based on statutory immunity for acts undertaken pursuant to Civil Defense authority. The District Court dismissed the case and after appeal and argument to the Circuit Court the matter was resolved. An examination of additional parties’ insurance policies provided partial coverage of attorney’s fees.
- As lead counsel represented mall owner and operator with respect to faulty construction of a parking facility. After extensive discovery, repairs to the facility were supplied by contractor.
- As lead counsel defended corporate officers from claims of RICO liability brought by holder of corporate note. After dismissal on standing grounds, Circuit Court reversed and remanded. On remand the trial judge dismissed on grounds of failure to allege facts showing a pattern of activity. On second appeal the Circuit Court affirmed dismissal finding a lack of continuity prevented a finding of the required pattern.
- As lead counsel represented a manufacturer of airplane parts which went private, in a suit brought by minority shareholder who was “frozen out.” Won dismissal of action in New York Court of Appeals, based on failure of shareholder to avail himself of appraisal rights under New York Business Corporation Law.
- Association of the Bar of the City of New York
- New York State Bar Association (former member of the Professional Responsibility Committee)
- American Bar Association
- Federal Bar Council
- American Bar Foundation, Fellow
- American Friends of the Jerusalem College of Technology, Former Chair of the Executive Committee
Breach of Contract
First Amendment Rights
Legal 500 USA
Who’s Who in American Law
Who’s Who in America AV® Preeminent™, Martindale Hubbell
Brooklyn Law School (1969), cum laude
Long Island University, BA, 1966
Supreme Court of the United States
U.S. District Court, Eastern District of N.Y.
U.S. District Court, Southern District of N.Y.
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fourth Circuit