 KYLE C. BISCEGLIE
Partner / New York
Mr. Bisceglie maintains a national practice counseling domestic and foreign corporations, partnerships and individuals in complex commercial and financial litigation, alternative dispute resolution, risk analysis and litigation avoidance.
Kyle wins, settles or resolves matters favorably by working closely with the client to develop effective case and business strategy and remaining actively engaged with the litigation teams he supervises. He supports clients in a variety of industries and, as a result, litigates varied business and financial disputes including: licensing deals; vendor, consulting, employment and general business contracts; merchant, credit card and check processing; banking; Uniform Commercial Code; truck fleet leasing; creditors' rights; venture capital and private equity; stock purchase agreements; partnerships; financial services; insurance commissions; employment; race, sex and age discrimination; right of first refusal; non-competition; non-solicitation and business torts.
Over the years, he has had the opportunity to act as outside general counsel to clients that do not have in-house counsel in a number of industries including technology infrastructure, software and computer applications, chemical and pharmaceutical supply, advertising, event production, dental and medical instruments, biotechnology and financial and insurance consulting.
Prior to joining Olshan, Mr. Bisceglie practiced at Cadwalader, Wickersham and Taft and elsewhere. As a prosecutor, he tried approximately ten criminal cases. He also clerked for Judge Alfred M. Wolin, a high-profile member of the New Jersey federal bench.
Mr. Bisceglie is Martindale-Hubbell AV rated by his peers, and writes an expert commentary series on New York civil practice for Lexis-Nexis.
RECENT PUBLICLY-FILED MATTERS
• Phillips v. Hedge Fund X (Commercial Division, NY County, 2008) — defending hedge fund and principal from contractual and common law claims made by disgruntled limited partner.
• Guidance Endodontics v. Dentsply International and Tulsa Dental (D.N.M. 2008) — obtained TRO and then preliminary injunction to enforce key provision of a manufacturing and supply agreement against the world's largest dental and endodontic company.
• R.W.Carol, LLC v. Byron Associates, Inc. (Commercial Division, NY County 2008) — Obtained preliminary injunction for national executive placement agency against competitor business and its client principals arising from an asset purchase agreement.
• Marvel Entertainment, Inv. and Marvel Characters, Inc. v. Kellytoy (USA), Inc. (S.D.N.Y. 2008) — prosecuting breach of licensing agreement, copyright, trademark and related state law claims involving various animation and film properties.
• twentysix New York v. Sporn (Commercial Division, NY County 2007) — prosecuting a breach of contract matter arising from a enterprise software development project.
• Dev v. Inovio (Cal. Sup. Ct., San Diego 2007) — defending an alleged discrimination claim by a former employee.
• Pyrce v. Inovio (Cal. Sup. Ct., San Diego 2007) — defending a publicly-traded biotechnology company in a lawsuit for consulting fees allegedly due as a result of licensing and merger agreements.
• Ernst & Young — Canada, as Trustee for HIP Interactive, Inc. v. Atari, Inc. f/k/a Infogrames, Inc. (Commercial Division, NY County, 2006) — Defending lawsuit for breach of contract and accounting arising from distribution agreement to distribute software, computer programs and video games in the U.S. and Canada.
• Integrated Payment Systems, Inc. v. Citibank, N.A. and the Bank of New York (S.D.N.Y. 2006) — Representation of formerly publicly-traded company's subsidiary in a declaratory action involving contract and UCC issues arising from Citibank's acceptance of a fraudulently altered check.
• MMZ Associates v. GELCO and Wachovia (S.D.N.Y. 2006) — Successfully defended fleet leasing subsidiary of publicly-traded company arising from terminated insurance brokerage relationship.
• Marvel v. Motorsport Collectibles (S.D.N.Y. 2006) — Successfully prosecuted licensing dispute arising under animation and movie licensing agreements for the Incredible Hulk, X-Men and Spider-Man.
• Faith Popcorn Brainreserve v. Impact (S.D.N.Y. 2006) — Successfully defended contract dispute involving marketing, branding and event production for Fortune 100 company.
• Fieldman v. Smartchoice Communications (Commercial Division, NY County, 2006) — Settled contract and NY Labor Law claims involving sales commissions of telecommunications company.
• Marvel v. Naki (Commercial Division, NY County, 2005) — Favorably resolved licensing dispute over various comic book characters including Spider-Man, the Incredible Hulk and Fantastic Four.
• Byrne v. Salerno (D.N.J. 2005) — Defense of employer trustee in an ERISA litigation.
• Marvel v. Johnny Blaze (S.D.N.Y. 2004) — Obtained preliminary injunction against defendant in licensing dispute involving comic book character Ghost Rider.
• JSMS v. Defendant X (S.D.N.Y. 2004) — Won dismissal of all securities claims against private equity fund specializing in early stage technology investments.
• Ectaco v. Cardservice (E.D.N.Y. 2004) — Achieved de minimus settlement in defense of merchant processing dispute.
• iBill v. FDMS (Supreme Court, Queens County, 2004) — Favorably defended merchant processing dispute.
• Girard v. VNU (Supreme Court, NY County, 2004) — Settled employment dispute arising from terminations at leading trade journal on third day of jury selection.
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
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 |
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Contact Information |
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Practice Areas |
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Business Litigation
Commercial Litigation
Financial Services
Litigation
Arbitration
Licensing
Private Equity |
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Education |
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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 |
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My News |
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My Articles |
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"Electronic Discovery, Evidence and Claims in New York" LexisNexis Emerging Issues Commentary, 2008 Emerging Issues 2938 (October 1, 2008)
"Pleading Fraud against Individual Corporate Officers under New York Law after Pludeman v. Northern Leasing Systems" LexisNexis Expert Commentary, 2008 Emerging Issues 2924 (September 23, 2008)
"Privilege Issues in E-discovery under New York Law in Scott v. Beth Israel Medical Center Inc." LexisNexis Expert Commentary August 2008, LexisNexis, 2008 Emerging Issues 2112 (August 2008)
"New York Court of Appeals Okays Claim for Conversion of Electronic Data", July 14, 2008, Lexis Nexis Expert Commentaries
"New York Legislature Extends Limits of New York's Personal Jurisdiction Statute to Permit Declaratory Actions in New York of Enforcement
of Foreign Libel Judgments", July 2008, Lexis Nexis Expert Commentaries
"Application of New York's Long Arm Statute to Professional Fee Disputes.", May 2008, Lexis Nexis Expert Commentaries
"New York Does Not Recognize an Independent Tort of Third-Party Negligent Spoliation of Evidence, but Exceptions May Exist", March 2008, Lexis Nexis Expert Commentaries
"No Waiver of Right to Arbitrate in New York State Court Even When Both Parties File Legal Actions", February 2008, Lexis Nexis Expert Commentaries
"New York Court of Appeal's Prohibition of Secret High-Low Agreements in Multi-Defendant Cases", December 2007, Lexis Nexis Expert Commentaries
"Absolute Immunity Applied to Broker's Statements on NASD Form U-5", November 2007, Lexis Nexis Expert Commentaries
"Annual Audits Alone Will Not Support Application of Continuous Representation Doctrine", September 2007, Lexis Nexis Expert Commentaries
"Case Filings: Marvel Targets Accessories", August 2007, Hollywood Reporter
"Billboard Settles With Ousted Editors", June 2006, The New York Times
"Sex Discrimination Suit Against Billboard Magazine Settles During Jury Selection", June 2006, Court TV
"VNU Averts Trial With Suit Settlement", June 2006, Variety
"Suit Claims Billboard's Bias Was Off The Charts", April 2005, New York Daily News
"New Motion Details Racial Profiling Claims Against Billboard Magazine", April 2005, CNN
"Lawsuit Is Latest In List Of Tough Hits For Billboard", August 2004, Boston Globe |
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