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Kyle C. Bisceglie

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Honors

  • Martindale-Hubbell AV ("Preeminent") rated by his peers for Legal Abilities and Ethics
  • Named annually to the New York Super Lawyers list, a Thomson Reuters lawyer rating service, as a top business litigator in New York

Education

J.D., magna cum laude, Seton Hall University School of Law, 1992

  • Seton Hall Law Review, Editor, 1991 - 1992

B.A., cum laude, Kalamazoo College, 1989

Bar & Court Admissions

  • State of New Jersey, 1993
  • U.S. District Court, District of New Jersey, 1993
  • New York State, 1995
  • U.S. District Court, Southern District of New York, 1996
  • U.S. District Court, Eastern District of New York, 1996
  • U.S. Court of Appeals, Second Circuit, 2001
  • U.S. District Court, District of Rhode Island, 2004
  • U.S. Court of Appeals, Third Circuit, 2005
  • State of California, Superior Court, San Diego, 2008
  •  U.S District Court, District of New Mexico, 2009
  • U.S. Court of Appeals, Tenth Circuit, 2011
  • U.S. District Court, Northern District of New York, 2013
  • U.S. District Court, Central District of California, 2015
Bio Narrative
Notable Results & Recommendations
News, Events & Publications

Kyle C. Bisceglie is a noted litigation attorney representing domestic and foreign corporations, partnerships and individuals in high stakes commercial disputes.

Kyle maintains a national litigation practice in which he represents plaintiffs and defendants in complex commercial litigation and has significant experience in shareholder and investor disputes, breaches of major and complex contracts, securities litigation, trading disputes, interactive and mobile litigation and disputes concerning high-profile intellectual property, art and media properties. The latter includes many well known entertainment properties and brands, including Ghost Rider, Iron Man, Spider-Man, the Incredible Hulk, Dungeons & Dragons, Yu-Gi-Oh! and Captain Morgan's Spiced Rum.  He is the co-author of the New York Commercial Litigation Guide a major treatise on commercial disputes in New York published by LexisNexis.

Significant first chair litigation experience

Serving as first chair trial attorney, Kyle has tried 17 cases to juries and judges, winning both plaintiff and defense verdicts. He has served as lead counsel in more than 12 arbitrations before JAMS, American Arbitration Association (AAA) and Financial Industry Regulatory Authority (FINRA), and prevailed in more than seven plenary hearings where his clients sought or confronted injunctive relief.  In addition to unpublished decisions, he is cited as lead counsel in 64 federal and state decisions published in official reports, Lexis/Nexis and Westlaw. Many of his cases have been widely reported in the press.

Kyle also regularly counsels on e-Discovery, contracts, risk analysis, litigation avoidance, negotiated resolutions, mediation and the impact of litigation on business operations.

A broad client base

Kyle’s clients include global investment banks, hedge and private equity funds, directors and officers, merchant, credit card and check processors, enterprise, interactive and mobile 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.

A sampling of his clients past and present include: Marvel Entertainment, Atari, First Data Corporation, Credit Suisse Securities, UBS Securities, TD Ameritrade, DTE Energy, GE Commercial Finance, Inovio Biomedical Corporation, TV Tokyo, Asatsu-DK, the Gate, Havas, Toei Animation, Media Square, Guidance Endodontics, Appzero, Distinctive Systems, Liquid Holdings Group, eXo Software, Eataly USA, BN Ranch, Biddle Sawyer Corporation, Flywheel and the United States Polo Association.

e-Discovery

Kyle often leads cases involving large amounts of e-Discovery, overseeing data collections across the United States, Europe and Asia. He has published and frequently lectured on the topic to industry groups, clients and bar associations. Kyle is the author of LexisNexis’ leading practice guide entitled "New York e-Discovery and Evidence," which he updates annually.  Kyle also authored and edits LexisNexis’ national on-line e-Discovery forms library.

Prior to Olshan, Kyle served as a prosecutor and practiced at Cadwalader, Wickersham & Taft. He began his legal career as a law clerk for Alfred M. Wolin, U.S. District Court for the District of New Jersey.

Professional & Community Affiliations

  • American Bar Association
  • New York State Bar Association
  • New York State Bar, Commercial and Federal Litigation Section
  • New York County Lawyers’ Association
  • Association of the Bar of the City of New York
Notable Results
  • Defending a financial institution in a trademark dispute against Lionsgate involving the quotation “Nobody Puts Baby in the Corner” from “Dirty Dancing.”
  • Won complete dismissal of all claims for a publicly-traded financial technology company in claims brought by a pre-IPO investor.
  • Successfully advised leading boutique fitness start-up and family office investor group in dispute with private equity firm involving pre-IPO stock sale resulting in completed transaction on all of clients’ pre-dispute terms.
  • Defending the national trade association for the sport of polo in multiple trademark litigations and arbitrations brought by a fashion company with no historical connection to the sport that uses a polo player as a trademark.
  • Won dismissal of a lawsuit brought by publicly-traded fashion company against the governing body for the sport of polo in U.S. involving trademark claims arising from the sales of licensed goods in India.
  • Amicably resolved a trademark dispute on behalf of $80 billion dollar high yield bond fund involving trademarks related to Aesop’s Fable “The Tortoise and the Hare.”
  • Won complete dismissal of all claims, pre-discovery on behalf of a publicly-traded trading-technology company that wound down an inter-dealer broker business in an action in NY’s Commercial Division for supposed breach of a joint venture agreement and related tort claims.
  • Won complete dismissal, pre-discovery, of all claims, including fraud, rescission, beach of implied covenants and California state statutes in a published decision in the Northern District of New York on behalf of a French software company arising from a failed software systems integration involving an Australian technology company.
  • Obtained a high seven figure settlement for US distributor of API in a distribution contract dispute with a foreign chemical manufacturer in arbitration before the International Centre for Dispute Resolution.
  • Obtained summary judgment dismissing all claims with prejudice in multiple litigations brought against hedge fund and hedge fund manager arising from allegations of mismanagement.
  • Successfully represented a publicly-traded owner of famous IP in a litigation against a jewelry manufacturing arising from continued sales after the expiration of the license agreement.
  • Won a temporary restraining order in New York state court to block the imminent termination of a $50 million hotel franchise and prevent default on a $35 million mortgage. After partially settling the lawsuit, represented the franchise in its subsequent re-branding of the hotel to a new flag.
  • Won or settled favorably more than 10 litigations cumulatively involving eight figures in damages for a publicly traded owner and licensor of famous entertainment assets.
  • Favorably settled six cases cumulatively involving nine figures in damages as both plaintiff and defense counsel on behalf of a publicly traded software gaming company.
  • Won a $44 million breach of contract and Unfair Trade Practices verdict in a three-week jury trial for a privately owned endodontic supply company.
  • Won a complete and unanimous defense verdict for a publicly traded biotechnology client on claims arising from the acquisition of a foreign company after a two-week jury trial in which the plaintiff received nothing and the firm obtained a judgment against the plaintiff for a portion of its clients' fees.
  • Won a preliminary injunction and $9 million settlement against a defense contracting firm for two investors and directors after a year of litigation.
  • Prevailed for 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.
  • Won a decisive defense award 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.
  • Prevailed in or favorably settled a series of litigations and arbitrations for a Fortune 50 company, including obtaining an eight-figure payment from a regional bank for breach of guaranteed minimum provisions.
  • Obtained summary judgment dismissing all claims brought against private equity fund and managers arising from allegations of mismanagement.
  • Rescinded an ex parte temporary restraining order and obtained dismissal of a case brought by a counterparty in a dispute over continuation of credit card processing.
  • Successfully settled a check fraud case involving multiple banks and resolved a substantial merchant processing dispute at de minimis cost to his client.
  • Obtained significant settlement from two banks under UCC on behalf of various privately held real estate companies that were victimized by controller’s embezzlement.
  • Successfully litigated for U.S. policyholders of the then-largest insurance insolvency in North American history claims of fraud against professionals and trustees.
Recommendations

"I highly recommend Kyle Bisceglie at Olshan for his legal expertise and advice. My most-recent experience with Kyle stemmed from our pursuing our rights under a distribution agreement which were not being properly honored. The issues were highly technical but Kyle and his team easily grasped the nuances. As issues became contentious, and his client principal perhaps a little emotional, Kyle expertly guided us through various strategies, all designed to keep us out of a public court and in a private arbitration setting where we had a better chance of success and would be less costly to my company. The arbitration was arduous but ultimately we achieved a successful outcome with which we were extremely pleased. Besides his obvious expertise, Kyle demonstrated to me that he truly cared not only about the outcome but about my business and the costs we would incur to achieve our goals. During our arbitration, his steady advice and judgment, not just from a legal standpoint, but from a business standpoint, kept me focused on the ultimate goal. It was a pleasure to deal with Kyle and everyone at Olshan. "
- Neil Chavkin, President and CEO at Biddle Sawyer Corporation

"Kyle provides a unique combination of litigation expertise, in-depth business understanding and pragmatism. He has acted as my lead outside counsel on numerous litigations, potential disputes and “situations” over the last decade, a number of which have been difficult and complex. He has been critical to successfully defending and protecting our company’s business and legal interests. In every case, Kyle’s approach is thorough and thoughtful. He expands his role as a litigator and makes it a priority to be a business partner by understanding the goals and values of our business. He goes to great lengths to ensure that senior management is informed and up to speed on key litigation strategy and process. He has worked tirelessly and effectively on our behalf and I recommend him highly."
- Kristen Keller, Executive Vice President & General Counsel at Atari, Inc.

"Kyle is an outstanding litigator and legal advisor; he has a deep background, broad experience and excellent judgment. We have worked together for five years and he has consistently delivered great results. Most recently, he represented my company in a FINRA arbitration in LA that included 3 days of live testimony and resulted in a excellent outcome. I highly recommend Kyle for commercial litigation matters based on our experience working together."
- Colby Allsbrook, Director & Counsel at Credit Suisse

"I personally know and have worked with Kyle Bisceglie, a partner at Olshan, on significant litigation, pre-litigation and arbitration claims. I have also served with Mr. Bisceglie and other of his in-house clients as a panelist on a CLE filmed for national distribution on litigation management. I have also served as co-panelist with Mr. Bisceglie on several panels on the topic of litigation readiness and eDiscovery. In short, I know Kyle well, and as a former GC of a large corporation managing scores of in-house and outside law firm lawyers, I can tell you: Kyle has excellent leadership skills, is focused and attentive to client needs and preferences. He is known for his rigorous attention to detail, good oral and written communications skills and sensible, rational rates. Kyle Bisceglie gets results. His track record in court is impressive and he is very professional with judges, juries and opposing counsel. He gives clients both trial expertise and the type of subject matter expertise officers and Boards love. He is effective, personable and results oriented. He is a quick study on the merits and his special expertise is the litigation process itself which he navigates to the advantage of his clients in the Federal and State Courts of New York very well. Judges and juries like him because he is respectful, professional and situation appropriate - they may not always agree with him at first but they respect him and will listen to him and give him a chance to win them over. That’s huge in negotiations and in the courtroom. He is a team leader and has the ability to effectively manage and skillfully leverage the efforts of numerous legal professionals working on different aspects of a complex case – not everyone can do that! Mr. Bisceglie has won significant cases involving trading disputes, interactive software, licensing disputes involving famous brands, business torts, securities and shareholder disputes. These are all areas where clients would be wise to hire him. What I like about Kyle Bisceglie’s approach is that he is not only curious about but always LOOKS for ways to improve what he does and how he works with his clients. He is a frequent communicator, a good listener and adjusts easily to mid-course changes in facts, circumstances or client preferences. I recommend him.”
- Johnnie M. Jackson, Jr., Former General Counsel, Olin Corporation, Senior Executive Coach & Consultant

"As the CEO of a publicly-traded company, our company retained Kyle on a number of matters over a multi-year period including two cases where the company had been sued by aggressive plaintiff’s lawyers. He handled them expertly, fighting for our company’s interests but always trying to minimize the impact on our business. He was able to successfully resolve most issues, and the officers and employees of our company enjoyed working with him – he is a pleasure with which to work. Kyle had to try one case for us which I attended personally sitting at counsel table. Kyle was masterful in his selection and treatment of the jury, and how he prepared and handled witnesses. His cross-examination of the plaintiff totally destroyed him and his case, exposing the inconsistencies and dishonesty in the plaintiff’s positions. After more than a week of trial, the jury returned a unanimous verdict in less than 2 hours in our favor. Kyle, then, found a statutory basis based on one of the dismissed claims for us to obtain a substantial judgment against the plaintiff! I have worked with many lawyers, and there is no one I would call before him when there is potential litigation on the horizon. He is a great legal resource to have on the team."
Avtar Dhillon, M.D., Former-CEO at Inovio Biomedical Corporation

"Kyle is an excellent lawyer. We give him the highest recommendation. He has provided our company a plethora of clear, insightful, and cost-saving advice – ranging from the arbitration clause he wrote for us, to helping us protect our trade name in a cost-effective manner that saved us from litigation. While Kyle has successfully kept us litigation-free, I’ve seen him in action. He is an excellent litigator, for whom I have the utmost confidence. We will use him should we need any litigation services. Additionally, Kyle has provided our company many business introductions. A large percentage of these introductions have blossomed into profitable relationships for us. In sum, Kyle is an outstanding lawyer who cares deeply for his client’s best interests, working arduously to help us succeed. He has been and continuous to be an invaluable member of our executive team. Feel free to contact me to get a more direct recommendation: Elliot@CollaborativeHealth.net."
- Elliot Turrini, CEO & Founder at CollaborativeHealth

"Kyle and I worked together in a case where Kyle was pursuing claims by multiple corporations against a major bank. I was impressed enough with Kyle's work that I retained him as counsel for our company to represent us in various matters. Kyle is a very skilled attorney, negotiator and advocate. He immerses himself in the facts of the case and very quickly has a superior command of the facts, no matter how complex. He has tremendous experience, is a pleasure to deal with and takes great pains to keep his clients informed throughout every step of the project at hand. We have been very pleased and impressed with his and his firm's work and I highly recommend him."
- Scott Moritz, Global Lead, Investigations and Fraud Risk Management, Protiviti Inc.

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