Newman, Zachary

Zachary G. Newman

Partner, Litigation

T 212.478.7435

Office

  • 488 Madison Avenue
    New York, NY 10022
Education
  • State University of New York at Binghamton (B.A., 1990)
  • Fordham University School of Law (J.D., 1994)
Biographical Details

    Zachary delivers practical, tactical, and experienced advice to the Firm’s corporate, lender, fiduciary, and hedge fund clients, and, though based in New York, he often is asked to serve as lead counsel elsewhere and he has done so in such jurisdictions as Arkansas, Connecticut, Delaware, Georgia, Indiana, Massachusetts, New Hampshire, New Jersey, Pennsylvania, and Texas.

    Zachary’s trial and appellate practice concentrates on

    • Banking Litigation (defense [lender liability, malfeasance unlawful practice, and deceptive trade claims] and affirmative actions [enforcement of multi-million dollar credit facilities, loan-related agreements and documents, and securing provisional remedies]);
    • Commercial and Corporate Litigation (contract disputes, commercial insurance claims, aircraft lease disputes, unfair competition and restrictive covenants, bankruptcy disputes, and alter ego and fraud claims);
    • Fiduciary Litigation (contested accountings, investment-related claims, and breach of fiduciary duty claims); and
    • Collateral and Judgment Recovery (national and international reacquisition of pledged, lost, or stolen collateral, repossessions and liquidations, judgment enforcement, and disputes regarding valuations, fraudulent auctions, consignor-lender issues, and lien priority).

    Reported matters include:

    • CVS Pharmacy, Inc. v. International Enterprises, Inc., 1:18-cv-03056 (SDNY 2018) (secured voluntary dismissal of action on behalf of one of the largest retail salvage companies in the United States following argument on application to dismiss or transfer based on forum non conveniens);
    • Matter of JP Morgan Chase Bank, N.A. (Kyle), 158 A.D.3d 686 (N.Y. App. Div. 2nd Dep’t 2018) (on behalf of corporate fiduciary secured affirmances of underlying discovery orders and limitations on depositions imposed by the trial court);
    • DS-Concept Trade Invest LLC v. Atalanta Corporation et al., 2018 U.S. Dist. LEXIS 94208 (D.N.J. June 5, 2018) (secured judgment on behalf of largest privately-held food importer in the United States against vendor for delivering non-confirming merchandise and breach of contract);
    • Freitas v. JPMorgan Chase Bank, N.A., 2017 WL 4102579 (D. Mass. September 15, 2017) (on behalf of banking client, defeated plaintiff’s summary judgment motion and secured dismissal of plaintiff’s complaint alleging, among other things, unlawful trade practices, breach of contract, and promissory estoppel);
    • Smith v. Knipel, 151 A.D.3d 1067 (N.Y. App. Div. 2nd Dep’t 2017) (dismissed petition for writ of prohibition in connection with a contested accounting proceeding for an institutional trustee);
    • DS-Concept Trade Invest LLC v. Atalanta Corporation et al., 2017 WL 2719990 (D.N.J. February 1, 2017) (defeated summary judgment on behalf of largest privately-held food importer in the United States);
    • In the Matter of D. Miller, 132 A.D.3d 768 (N.Y. App. Div. 2nd Dep’t 2015) (discovery rulings affirmed on appeal for institutional executor);
    • Chase Equipment Leasing Inc. v. Architectural Air, L.L.C., 2011 N.Y. App. Div. LEXIS 3587 (N.Y. App. Div. 1st Dep’t May 3, 2011) (on behalf of aircraft lessor secured affirmance and ruling that extended safe harbor to lender prior to actual repossession of collateral);
    • Matter of Marion C.W. v. Lisa K., 2011 NY Slip Op 3626 (N.Y. App. Div. 2d Dep't Apr. 26, 2011) (on behalf of institutional trustee secured reversal and remand of fee award to petitioners in an Article 77 and 81 proceedings and affirming trial court’s factual findings against petitioners);
    • Webster Bus. Credit Corp. v. Durham, 2010 NY Slip Op 51714U (N.Y. Sup. Ct. September 15, 2010) (successfully achieved summary judgment in lieu of complaint for commercial lender);
    • JPMorgan Chase Bank, N.A. v. J.K.J. Reijtenbagh et al., 615 F. Supp. 2d 278 (S.D.N.Y. 2009) (enforced bank client’s rights in a $50 million loan facility and upholding ex parte seizure of collateral and ex parte order of attachment);
    • Michaelesco v. Estate of Richard, 355 Fed.Appx. 572 (2d Cir. 2009) (on behalf of court-appointed guardian, secured dismissal of claims against court-appointed guardian based on numerous defenses including res judicata and timeliness);
    • American Furniture, LLC et al. v. ACG Credit Company, LLC, et al., 50 A.D.3d 494, 856 N.Y.S.2d 482 (N.Y. App. Div. 1st Dep’t 2008) (for specialty lender, successfully defended lender liability claims and upheld the post-default disposition of collateral);
    • 360 West 11th LLC v. ACG Credit Company II, LLC, 46 A.D.3d 367 (N.Y. App. Div. 1st Dep’t 2007) (affirmed injunctive relief in defaulted secured art loan);
    • Bank Leumi USA v. Raspberry, 5 A.D.3d 292, 744 N.Y.S.2d 499 (N.Y. App. Div. 1st Dep’t 2004) (upheld bank’s rights to collect from guarantors);
    • Insilco Corporation v. Star Services of Delaware, Inc., 2 A.D.3d 343, 769 N.Y.S.2d 272 (N.Y. App. Div. 1st Dep’t 2003) (affirmed fraudulent conveyance trial findings with respect to NYC townhouse);
    • Fleet Capital Corp v. Yamaha Motor Corp., U.S.A. (01 Civ. 1047), 2002 U.S. Dist. LEXIS 18115 AND 17502 (September 25, 2002 S.D.N.Y) (awarded summary judgment to client, Fleet Capital Corp., on conversion of receivables and upholding UCC prohibition against disposition of inventory collateral except in the ordinary course of business).

    Presentations and Publications

    Zachary regularly speaks on topics such as “best lending” practices, lender liability, evidentiary issues, e-discovery, trusts and estates litigation, art loans and the rights of art consignors, and judgment enforcement, and has been invited to speak for the American Bar Association, Business Law Section and Litigation Section, the New York City Bar Association, the New York State Bar Association, and the New York Law Journal.

    Zachary’s articles span a variety of litigation management, evidentiary, and legal topics, including tortious interference, provisional remedies, electronic discovery and available technologies, fiduciary liability, collateral recovery, and lender liability.

    Professional Appointments and Associations

    Zachary currently serves as a Co-Chair of the Corporate Counsel Committee for the American Bar Association, Section of Litigation (comprised of in-house and outside corporate litigation counsel members from nearly all fifty states).

    Zachary was appointed to serve on the 2017-2018 ABA Presidential Working Group on Task Based Billing.

    Honors

    While at law school, Zachary was a member of the International Law Journal (one of the most competitive international law periodicals in the world and, according to a recent study, one of the most frequently cited student-edited legal publications dedicated to the study of international law) and proudly participated in the Moot Court Board (having been awarded best oralist in the qualifying William H. Mulligan Moot Court Competition (held in honor of the Honorable William Hughes Mulligan, a Second Circuit Judge and Fordham Law Dean).

    Zachary also was awarded at graduation the New York State Trial Lawyers Association Sidney Tolmage Memorial Scholarship Award for Trial Advocacy.