Practice Description:

Recognized by Super Lawyers in the New York Times as one of the Top 100 Lawyers in the New York Metro area, Paul Sarkozi is a savvy litigator and negotiator who focuses on results for his clients.  Equally adept in federal and state court, Paul has nonetheless developed a particularly strong reputation in New York’s Commercial Division, the branch of the NY Court system that handles complex business disputes.  He was selected by NY Chief Judge Jonathan Lippman to serve on his Task Force on Commercial Litigation in the 21st Century and also served as Chair of the Task Force’s Alternative Dispute Resolution Committee.  Paul also serves as Vice Chair of the State Bar’s Commercial and Federal Litigation Section, which regularly addresses critical issue affecting business litigation in both NY State and Federal courts.

A versatile advocate, Paul is called on by business entities and senior executives in a broad range of industries to counsel them on the best ways to prosecute, defend and resolve their disputes.  He has represented hedge funds, private equity firms, REITs and developers, global media and public relations firms, a leading athletic clothing designer, international banking organizations, international pharmaceutical and food companies, a national accounting firm and even a Saudi prince.

Finally, Paul is an experienced, smart and effective negotiator.  His knowledge and skill in this area have been recognized by Columbia Law School, where he has been appointed a Lecturer-in-Law to teach a Negotiation seminar.  Paul also serves on the roster of mediators for the Commercial Division in New York County.

 Faculty Appointments & Presentations:

• “Issues in Commercial Litigation,” presented at Joint Seminar for Appellate Division Justices of the First and Second Departments, April 2012;
• “Discovery is Different: Deposing and Disclosing in Criminal and Civil Cases in NYS Courts,” NY County Lawyers’ Association, April 2012;
• What's New in Ethics and Civility for 2012, Speaker, CLE program, New York, March 15, 2012
• Columbia Law School, Adjunct Faculty/Lecturer-In-Law, Negotiation Workshop, Spring 2009-Present
• New York State Bar Association: Program Chair, Commercial and Federal Litigation Section Spring Meeting, Cooperstown, N. Y., May 1-3, 2009;
• "A Young Lawyer's Guide to Preparation: Lessons in Advocacy," presented at the NYSBA Young Lawyers Section Annual Meeting, January 2009;
• "Revisiting Arbitration," presented at Pace Law School Continuing Legal Education, November 2008;
• "Piercing the Corporate Veil: History, Theory and Practice in New York," presented for NYSBA Continuing Legal Education, October 2008;
• "State and Federal Electronic Discovery," presented at Pace Law School Continuing Legal Education, June 2008;
• "Conducting Effective Depositions," presented at Spring Meeting of Commercial & Federal Litigation Section of the New York State Bar Association, May 2008;
• "Ethics in Settlement Negotiations and Mediation," moderator and panelist for regular CLE program at the Association of the Bar of the City of New York, 2000-2005.

Publications:

• Putting the business back in business litigation, InsideCounsel, April 25, 2013

• SEC actions time-barred after five years? Not quite , InsideCounsel, March 28, 2013

• Litigation: Preliminary agreements may not be as "preliminary" as you expect , InsideCounsel, March 14, 2013

• Litigation: OFAC enforcement-A look at the numbers,  InsideCounsel, February 28, 2013

• Litigation: Can LLC members effectively waive their fiduciary duties?, InsideCounsel, February 14, 2013

• E-Discovery: Managing the duty to preserve voicemail, InsideCounsel, January 29, 2013


• E-discovery: Preservation of social media, what every company needs to know, InsideCounsel, January 18, 2013


• E-discovery: New Sedona Conference developments continue to alter the e-discovery landscape, InsideCounsel, January 1, 2013


• Effects of automated technologies on electric document preservation and review obligations InsideCounsel, December 18 2012
  
  
• The Rule 45 Subpoena: Instituting an ESI Action Plan, InsideCounsel, December 4, 2012
  
  
• A request to preserve when you're a nonparty—what’s a GC to do? , InsideCounsel, November 20, 2012

• A New Stress For Distressed Debt: New York Court Questions Whether An Investor Can Sue, Business Litigation Bulletin, October 2012

• Co-Author, Chapter 103 "Commercial Real Estate Litigation" 4C Robert L. Haig, Commercial Litigation in New York Courts [3d ed. 2010]
• Co-editor of The Commercial Division Law Report, the reporter of cases decided in the Commercial Division of the New York State Supreme Court.
• "Internal Investigations: An Overview of the Nuts and Bolts and Key Considerations in Conducting Effective Investigations," Internal Investigations: Legal, Ethical & Strategic Issues 2006, Practising Law Institute, August 2006.
• "A Seat at the Table," GC New York, New York Law Journal, May 2006.

Significant Matters:

• Successfully defended seller of commercial real estate against claims of breach of contract, fraudulent inducement and fraudulent concealment.
• Successfully defended media company against claims of breach of contract and unjust enrichment brought by a satellite company arising out of an asset purchase agreement.
• Confirmed arbitration award obtained by corporation against former CEO, who asserted panel had acted in manifest disregard of the law.
• Successfully defended technology company against claims of breach of software development agreement and breach of covenant of good faith and fair dealing.
• Successfully mediated several business disputes that were being litigated in the Commercial Division, NY County.
• Successfully represented media company in declaratory judgment action seeking declaration of rights in connection with the exercise of warrants following an acquisition of the company in which the warrants were held.
• Successfully represented a French satellite company in an ICC arbitration against a US satellite company arising out of a failed joint venture.
• Successfully represented a major defense contractor in a variety of commercial disputes.
• Conducted internal investigation into sales and marketing practices at pharmaceutical company.