Cliff brings in-depth experience and creative problem-solving skills to sophisticated, high-stakes litigation matters in construction, real estate development, manufacturing, technology, defense, higher education and other industries. He is also experienced in arbitration and mediation.
In both federal and state courts, Cliff has represented clients in corporate information and data management matters such as compliance with legal obligations, litigation holds, duty to preserve evidence, spoliation and sanctions. He also has handled cyber-fraud cases, coordinating with federal law enforcement as needed.
Cliff has defended numerous putative class actions, including consumer claims, antitrust claims, and minimum wage and overtime claims under the FLSA and New York Labor Law. He has significant experience in both prosecuting and defending actions alleging misappropriation of trade secrets, unfair competition and breach of non-competition and non-solicitation agreements. In addition, he has handled litigation in intellectual property, contested bankruptcy matters, ERISA claims, insurance coverage disputes, petitions to compel and to stay arbitration, and the defense of personal injury claims and other torts. His practice also includes substantial experience before the appellate courts in both state and federal courts in New York.
Further, Cliff has litigated shareholder derivative actions, fraudulent transfer actions, putative class actions and multidistrict litigation, as well as construction cases involving differing site condition claims, trust fund diversion claims, and complex mechanic’s lien foreclosures.
Cliff co-founded the firm’s cybersecurity and data privacy practice and is the firm’s founding diversity and professional development leader.
Unique Benefits to Clients
Substantial Knowledge and Support. Drawing on his own robust experience and the wealth of talent and perspectives among his colleagues at Bond, Cliff carefully selects and manages an effective, productive team for every engagement.
A Strategic, Big-Picture Perspective. Cliff methodically analyzes the circumstances of each case and helps the client understand the risks and rewards of particular strategies. Where the circumstances do not warrant an aggressive push to win at all costs, Cliff guides his client to consider a creative solution. Particularly where preserving a relationship between the adversaries is important, Cliff helps the client focus on the best possible outcome.
Efficiency. Mindful of costs and the value of clients’ time and energy, Cliff strives to keep the cases moving — aggressively advocating for his clients while avoiding unproductive litigation tactics.
Responsive, Proactive Communication. Cliff responds to queries promptly and listens well to understand his client’s circumstances and motivations. Throughout the engagement, he keeps the client well-informed of developments.
- Argay v. Nat’l Grid USA Serv. Co., 2012 U.S. App. LEXIS 24145 (2d Cir. Nov. 20, 2012) (affirming summary judgment dismissing claims of vested benefits and breach of fiduciary duties under ERISA)
- Craven v. Rigas, 85 A.D.3d 1524 (3d Dep't 2011) (obtained dismissal of claims alleging diversion of corporate funds and fraudulent conveyance)
- Immaculate Heart Cent. Sch. v. New York State Pub. High Sch. Ath. Ass'n, 797 F. Supp. 2d 204 (N.D.N.Y 2011) (obtained dismissal of private school's claims alleging that athletic association's classification rules violated due process; subsequently obtained summary judgment dismissing remaining claim of equal protection clause violation)
- Defenshield Inc. v. First Choice Armor & Equip., 2012 U.S. Dist. LEXIS 44276 (N.D.N.Y Mar. 29, 2012) (successfully opposed motion to dismiss complaint in patent infringement action)
- Mikityanskiy v. DMS Holdings, Inc., 2011 U.S. Dist. LEXIS 113623 (S.D.N.Y. Sept. 30, 2011) (obtained dismissal of complaint in false patent marking case)
- Powell v. U-Haul Int'l, 2011 U.S. Dist. LEXIS 66449 (N.D.N.Y June 22, 2011) (obtained dismissal of complaint)