Olshan Law: Attorney Profiles: Kyle C. Bisceglie

KYLE C. BISCEGLIE
Partner / New York

Kyle C. Bisceglie maintains a national practice counseling domestic and foreign corporations, partnerships and individuals with respect to complex commercial litigation, ediscovery, contracts, risk analysis, litigation avoidance and business advice.

Mr. Bisceglie has significant courtroom experience. He has won plaintiff and defense verdicts as lead counsel in 15 multi-day and multi-week trials before Article III federal or state courts, and, recently, tried the first stage of his 16th trial in bankruptcy court. He has served as lead counsel in more than ten arbitrations before JAMS, AAA and FINRA. Mr. Bisceglie has represented clients seeking or facing injunctions in plenary hearings seven times: obtaining TROs and/or preliminary injunctions five times and twice defeating such motions. He is cited as lead counsel in 45 federal and state decisions reported in official reporters, LexisNexis and Westlaw. He has dozens more unreported decisions.

Mr. Bisceglie works tirelessly to get the best possible results for his clients. Notable highlights include winning a $44 million breach of contract and Unfair Trade Practices verdict in a three week jury trial for a privately-owned endodontic supply company; winning a complete and unanimous defense verdict on claims arising from the acquisition of a foreign company after a two-week jury trial for a publicly-traded biotechnology client in which the plaintiff received nothing and the firm obtained a judgment against the plaintiff for a portion of its clients' fees; obtaining a preliminary injunction and $9 million settlement for two investors in December 2010 after a year of litigation involving investor and directors' rights; successfully defending a teeth products company in a three-day preliminary injunction hearing in which a competitor's request for an injunction was decisively denied in a 30 page decision issued in March 2011; and obtaining a decisive defense award in April 2011 for a bulge-bracket investment bank after a three-day FINRA arbitration where 11 witnesses testified to a three member panel involving a disputed bond trade.

Mr. Bisceglie has a broad client base. His clients include investment banks; hedge and private equity funds; Directors & Officers; merchant, credit card and check processors; software developers and publishers; owners and licensors of famous intellectual property; health, medical and dental companies; advertising firms; chemical distributors; professional services firms, consulting companies; entrepreneurs, investors and high net worth individuals. Mr. Bisceglie represents or recently represented among others: Marvel Entertainment, Atari, First Data Corporation, Credit Suisse Securities, UBS Securities, DTE Energy, GE Commercial Finance, Inovio Biomedical Corporation, TV Tokyo, Asatsu-DK, Toei Animation, Media Square, Guidance Endodontics, Appzero, Distinctive Systems, Biddle Sawyer Corporation and 3M.

Mr. Bisceglie has been involved in many high stakes commercial cases with significant experience in shareholder and investor disputes, breaches of major and complex contracts, securities litigation, fights over famous and valuable intellectual property, art and high-profile media properties. He won a series of litigations and arbitrations for a Fortune 50 company including obtaining in arbitration an eight figure payment from a regional bank for breach of guaranteed minimum provisions; rescinding an ex parte TRO obtained by a counterparty in a dispute over continuation of credit card processing and having the case dismissed within two days of filing; successfully navigating resolution of a check fraud case involving multiple banks and resolving a substantial merchant processing dispute at de minimis cost to his client. Mr. Bisceglie has litigated many disputes involving well known entertainment and media properties and brands including Ghost Rider, Iron Man, Spider-Man, the Incredible Hulk, Dungeons & Dragons, Yu-Gi-Oh!, Scotchgard, Thinsulate and Captain Morgan's Spice Rum. He has participated in the worldwide investigation of a bank's derivatives trading practices, litigated for U.S. policyholders of the then-largest insurance insolvency in North American history and represented two global investment banks in 12 matters in the last two years. A number of his cases have been widely reported in the press.

His cases often involve large amounts of ediscovery. Mr. Bisceglie has led cases involving data collections across the United States, in Europe and in Asia. Mr. Bisceglie also has published and frequently lectured on the topic to industry groups, clients and bar associations. In 2010, LexisNexis published Mr. Bisceglie's 900 page practice guide entitled "New York e-Discovery and Evidence," which has been updated annually. Order a copy of the book here.

Mr. Bisceglie is Martindale-Hubbell AV ("Preeminent") rated by his peers for Legal Abilities and Ethics, and has been named annually to the New York Super Lawyers list, a Thomson Reuters lawyer rating service, as a top business litigator in New York. He serves as a member of the LexisNexis six-person New York Advisory Board, which, among other responsibilities, provides the publisher with guidance and expertise on New York law, practice and procedure. Prior to Olshan, Mr. Bisceglie began his legal career as a law clerk for Alfred M. Wolin, U.S. District Court for the District of New Jersey; served as a prosecutor and practiced at Cadwalader, Wickersham & Taft.

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BAR ADMISSIONS
1993, State of New Jersey and U.S. District of New Jersey
1995, New York State
1996, U.S. District Court, Southern District of New York
1996, U.S. District Court, Eastern District of New York
2001, U.S. Court of Appeals, Second Circuit
2005, U.S. Court of Appeals, Third Circuit
2011, U.S. Court of Appeals, Tenth Circuit

MEMBER
American Bar Association
New York State Bar Association
Commercial and Federal Litigation Section of New York State Bar
Association of the Bar of the City of New York
New York County Inn of Court
New York County Bar Association