Zachary represents public and private companies, national banking associations, commercial lenders, leasing companies, and hedge funds in business litigation throughout the United States. His practice focuses on Banking Litigation (enforcing multi-million dollar credit facilities on behalf of national and regional banks and institutional and specialty lenders, securing provisional remedies, and defending lender liability litigation); Commercial Litigation (litigating contract disputes, commercial insurance claims, aircraft lease disputes, unfair competition and restrictive covenants, bankruptcy disputes, and judgment enforcement); Fiduciary Litigation (contested accountings, Prudent Investor Act claims, and breach of fiduciary duty claims); and Art and Antique Litigation (national and international reacquisition of lost or stolen art, repossessions and liquidations, and disputes regarding valuations, fraudulent auctions, consignor-lender issues, and lien priority).
Recent reported cases include:
- 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) (extending 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) (reversing and remanding award of fees to petitioners in an Article 81 proceeding 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);
- JP Morgan Chase Bank, N.A. v. J.K.J. Reijtenbagh et al., 615 F. Supp. 2d 278 (S.D.N.Y. 2009) (enforcing bank client’s rights in a $50 million loan facility and upholding ex parte seizure of collateral and ex parte order of attachment);
- 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) (successfully defended lender liability claims and upheld the post-default disposition of collateral);
- Bank Leumi USA v. Raspberry, 5 A.D.3d 292, 744 N.Y.S.2d 499 (N.Y. App. Div. 1st Dep’t 2004) (upholding 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) (affirming 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) (awarding 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).
Zachary speaks on topics such as “best lending” practices, lender liability, evidentiary issues, e-discovery, art loans and the rights of art consignors, and judgment enforcement. Recent presentations and articles include moderating a panel on mediation at the ABA national conference in August 2011, hosting an electronic discovery conference for the North American Legal Conference for HSBC in-house counsel, and articles written for the ABA including Tortious Interference, Cyber-Defamation, and Provisional Remedies. Zachary is an Assistant Editor of the newsletter of the American Bar Association’s Section of Litigation Committee on Corporate Counsel. While at law school, Zach was a member of the International Law Journal, and won best oralist in the William H. Mulligan Moot Court Competition.
