Practice Description:

Vincent J. Syracuse joined Tannenbaum Helpern during the summer of 1979 and founded our litigation department and is currently its Chair. As a general litigator for over  40 years, Vince has earned a reputation as a problem-solver, strategizer, tactician and aggressive advocate for his clients. He represents a variety of clients in commercial litigation in all New York State and Federal Courts on the pre-trial, trial and appellate levels and in various alternate dispute resolution forums including mediation and arbitration. He is also a mediator in the Commercial Division of the New York County Supreme Court.

Vince has been active for many years in numerous bar association activities and frequently chairs or participates as a faculty member in continuing legal education programs on various commercial litigation subjects, including the New York State Bar Association's extremely successful program on ethics and civility in litigation which he has chaired for over thirteen years.  Vince is a member of the NYSBA's House of Delegates. He has been a member of the Executive Committee of the NYSBA's Commercial and Federal Litigation Section since 1994. He was the Section's Chair in 2009-2010, having previously served as Chair-Elect, Vice-Chair and three terms as the Section's Treasurer. The Section honored Vince with its nomination for the NYSBA's 2007 Attorney Professionalism Award recognizing him as a "tireless advocate for ethics and civility in New York." In March 2010, Vince was appointed by Chief Judge Jonathan Lippman to the Ethics Commission for the Unified Court System which monitors the annual financial disclosure statements within the judicial branch of the New York State government. Vince is also a member of the NYSBA's Committee on Attorney Professionalism and the editor of The Attorney Professionalism Forum in the NYSBA Journal.

As a member of the Advisory Committee for the Commercial Division of the Supreme Court of the State of New York and a former Chair of the Commercial Division Committee, Vince has helped shape the development of the Commercial Division since its inception in New York and Monroe Counties, and subsequent expansion to several counties throughout the State of New York. The Advisory Committee acts  as liaison between the bar and the Commercial Division and has created a mechanism that allows practitioners in the Commercial Division to express their views about the structure of the Commercial Division, and comment on various matters of Commercial Division practice, including the definition of a "commercial case." Vince has been directly involved in the drafting of the Commercial Division rules that have refined the criteria for the assignment and retention of cases in the Commercial Division, and govern practice in the various Commercial Division venues. 

Vince has been selected for inclusion in New York Super Lawyers for 2006, 2007, 2008, 2009, 2010, 2011 and 2012, every year that selections were made.

Publications:

• Introductory Lessons on Ethics and Civility 2013 , NYSBA, April 26, 2013

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

• Insider trading-let the tippee beware  , InsideCounsel, April 11, 2013

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

• Attorney Professionalism Forum: Rules governing email preservation in a potential litigation ,  by Vincent J. Syracuse and Matthew Maron.  Reprinted with permission from New York State Bar Association Journal, March/April 2013, Vol. 85, No. 3, published by the New York State Bar Association, One Elk Street, Albany, New York 12207

• 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

• Attorney Professionalism Forum: Prospective client consideration, obligations owed and privilege issues when unsolicited information is received, by Vincent J. Syracuse and Matthew Maron. Reprinted with permission from New York State Bar Association Journal, February 2013, Vol. 85, No. 1, published by the New York State Bar Association, One Elk Street, Albany, New York 12207

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

• Attorney Professionalism Forum: Rules governing escrow accounts, retainers, and communication with clients regarding fees by Vincent J. Syracuse and Matthew Maron of Tannenbaum Helpern Syracuse and Hirschtritt LLP and Peter V. Coffey, Esq., of Englert, Coffey, McHugh & Fantauzzi LLP. Reprinted with permission from New York State Bar Association Journal, January 2013, Vol. 85, No. 1, published by the New York State Bar Association, One Elk Street, Albany, New York 12207


• 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


• Attorney Professionalism Forum: Civility best practices between opposing counsel, by Vincent J. Syracuse and Matthew Maron. Reprinted with permission from New York State Bar Association Journal, November/December 2012, Vol. 84, No. 9, published by the New York State Bar Association, One Elk Street, Albany, New York 12207
  
  
• 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


• Attorney Professionalism Forum: Joint representation of multiple clients; conflict checks and engagement letters; and attorney-client privilege issues , by Vincent J. Syracuse and Maryann C. Stallone. Reprinted with permission from New York State Bar Association Journal, September 2012, Vol. 84, No. 8, published by the New York State Bar Association, One Elk Street, Albany, New York 12207


• Attorney Professionalism Forum: Applying "no-contact rule" and replying to all in email communications,  by Vincent J. Syracuse and Matthew R. Maron. Reprinted with permission from New York State Bar Association Journal, September 2012, Vol. 84, No. 7, published by the New York State Bar Association, One Elk Street, Albany, New York 12207


• Attorney Professionalism Forum: Can a lawyer rely on what the client says and what to do when the opposing party submits a potentially false affidavit?,  by Vincent J. Syracuse and Matthew R. Maron.  Reprinted with permission from New York State Bar Association   Journal  , July/August 2012, Vol. 84, No. 6, published by the New York State Bar Association, One Elk Street, Albany, New York 12207


• Attorney Professionalism Forum: When declining a case, what obligations do attorneys owe to the prospective clients and how to address confidential information acquired during the initial meeting?, by Vincent J. Syracuse and Matthew R. Maron. Reprinted with permission from New York State Bar Association Journal, June 2012, Vol. 84, No. 5, published by the New York State Bar Association, One Elk Street, Albany, New York 12207


• Privilege and the In-House Counsel: Protecting Your Communications Through Proper Registration and Careful Understanding of the Privilege, Reprinted with permission from New Your State Bar Association Inside Newsletter, Spring/Summer 2012, Vol. 30. No. 1, published by the New York State Bar Association, One Elk Street, Albany, New York 12207.


• Attorney Professionalism Forum: What to do when opposing counsels do not engage in or comply with good faith discovery efforts?,  Reprinted with permission from New Your State Bar Association Journal , May 2012, Vol. 84. No. 4, published by the New York State Bar Association, One Elk Street, Albany, New York 12207. 


• Attorney Professionalism Forum: When representing clients A & B in unrelated matters and suddenly client A requires you to seek discovery from a third party who is in receivership with client B, how should you handle and are you conflicted? , > by Vincent J. Syracuse and Amy S. Beard.  Reprinted with permission from New York State Bar Association Journal, March/April 2012, Vol. 84, No. 3, published by the New York State Bar Association, One Elk Street, Albany, New York 12207


• Attorney Professionalism Forum: As an attorney, what are your communication obligations to adversaries and clients, are your digital communications protected by attorney-client privilege and what do you do when privileged information is accidentally disclosed?,   by Vincent J. Syracuse and Amy S. Beard.  Reprinted with permission from New York State Bar Association Journal, February 2012, Vol. 84, No. 2, published by the New York State Bar Association, One Elk Street, Albany, New York 12207


• Attorney Professionalism Forum: When a private law firm relocates to a different state, what are its responsibilities to current and former clients and for retaining client files?,  Reprinted with permission from: New York State Bar Association Journal, January 2012, Vol. 84, No. 1, published by the New York State Bar Association, One Elk Street, Albany, NY 12207


• Co-Author, Chapter 103 "Commercial Real Estate Litigation" 4C Robert L. Haig, Commercial Litigation in New York Courts [3d ed. 2010], [4th ed. 2011]


• Co-author, "Report on the Revision of CPLR 3213," April 1995, Commercial and Federal Litigation Section of the New York State Bar Association 


• Editor, The Attorney Professionalism Forum, New York State Bar Association Journal 


• "Commercial Division Uniform Rules Become a Reality," NYSBA Commercial and Federal Litigation Newsletter, Spring 2006, Vol. 12, No. 1, pages 3-4


• "Comments of the Commercial and Federal Litigation Section on the Report of the Office of Court Administration to the Chief Judge on the Commercial Division Focus Groups," October 2006 [ View Report]


• "Conversations with the Long Island Commercial Division," Nassau Lawyer, November 2006, Vol. 56, No. 3, Page 11

Presentations:

• Civility in Civil Practices – Update on the Rules of Civility and Tips for Deal with an Uncivil Adversary, NYWBA, January 16, 2013
• NYSBA Commercial and Federal Litigation Section – Spring Meeting, New York, May 18-20, 2012
• Basic Lessons in Ethics and Civility in Every Day Lawyering 2012, Program Chair, NYSBA CLE Program, New York, April 20, 2012
• What's New in Ethics and Civility for 2012, Speaker, CLE program, New York, March 15, 2012
• Speaker, How To Win (and Lose) an Injunction in New York State and Federal Court, Commercial and Federal Litigation Section Spring Meeting, The Sagamore, May 23, 2010;
• New York State Bar Association: Presentation of Report on Immigration Appeals in the Second Circuit to NYSBA House of Delegates and Executive Committee on January 28 and 29, 2010;
• Presentation of Report on Sealing Documents in Business Litigation to NYSBA Executive Committee on January 28, 2010;
• Program Chair, Commercial and Federal Litigation Section Spring Meeting, Cooperstown, N. Y., May 1-3, 2009;
• Program Chair, Commercial and Federal Litigation Section Annual Meeting, January, 2008;
• State Planning Chair, Local Chair and Faculty Member of the NYSBA's MCLE program on ethics and civility in litigation,  Spring 2012, Spring 2011, Spring 2010, Spring 2009, Spring 2008, Spring 2007, Spring 2006, Spring 2005, Spring 2004, Fall 2002, Spring 2001, Fall 1999, Fall 1998;
• State Planning Chair, Local Chair and Faculty Member "Deposition Practice and Practicalities in State and Federal Court," Fall 1997, Fall 1995;
• Faculty Member, "Litigating a Commercial Case: A Comparison of Strategies in Federal and State Court," Commercial and Federal Litigation Section Spring Meeting 1996;
• "The Commercial Parts: One Year Later," Commercial and Federal Litigation Section Annual Meeting 1994;
• "Introduction to Commodities Law," New York City, 1983;
• Federal Bar Council: Law Clerk Videoconference On State Civil Procedure Rules Relevant to Federal Court Practice, Panelist, October 2003
• "Conversations With the Long Island Commercial Division," Program Chair, October 2006
• "Luncheon With the Justices of the Queens County Commercial Division," Panelist, November 2006

Significant Matters:

• Board of Managers of the York River House Condominium vs. Kinney York Avenue, Inc, Central Parking Corporation and Central Parking System Realty of New York, Inc., Appellate Division, First Department, December 5, 2006. Representation of  Central Parking Corporation in the successful defense of a challenge to its $210 million merger with the Kinney Parking System. The court affirmed the dismissal of claims made by the Board of Managers of a Manhattan condominium that the merger triggered its right of first refusal because the merger changed the ownership of a Kinney garage located in its building.


• The Hartz Consumer Group, Inc. et al v. JWC Hartz Holdings, Inc. et al., Appellate Division, First Department, October 31, 2006.  Successful representation of Leonard Stern's Hartz Consumer Group in litigation arising from Stern's $300 million December 2000 sale of The Hartz Mountain Corporation to Boston-based J. W. Childs, L.P. The Appellate Division unanimously affirmed the New York County Commercial Division's dismissal on summary judgment of the buyer's $50 million indemnification claim that Stern guaranteed the success of certain product lines. The case reinforced the principle that indemnification agreements are strictly construed and that business risks identified during due diligence must be specifically addressed in the parties' contract.


• Representation of a major international law firm in litigation that was instituted in the Commercial Division of the Supreme Court of the State of New York where it was alleged by a non-client lender that the law firm issued a false and fraudulent opinion letter in connection with a secured loan transaction and then assisted its client in the formulation and implementation of certain fraudulent transfers in violation of the lender's rights


• Louis and Anne Abrons Foundation, Inc. v. 29 East 64 th Street Corp., 297 A.D.2d 258, 746 N.Y.S.2d 482 (1st Dept., 2002). Representation of a cooperative corporation in a complex dispute with a commercial proprietary tenant regarding corporate governance issues and the imposition of sub-let fees


• Irvine v. Murad Skin Research Laboratories, Inc., 194 F.3d 313 (1 st Cir. 1999). Representation of a manufacturer of skin care products in a dispute with a distributor in Puerto Rico that arose from the airing of an infomercial in Puerto Rico that allegedly violated the rights of the distributor and its principal


• ADT Operations, Inc. v. Chase Manhattan Bank, N. A., 173 Misc. 2d 959, 662 N.Y. S. 2d 190 (N.Y. Sup. 1997). Represented ADT Operations, Inc. in a complex litigation that was commenced in the Commercial Division in connection with the attempted hostile takeover of ADT where it was alleged that Chase had a banking relationship with ADT and violated its obligations to ADT when it provided funding for the tender offer and other assistance to another customer
• Bor Corp. v. ADT Automotive, Inc. (SDNY 1996). Represented ADT Automotive, Inc. in connection with purchase price adjustment claims arising from the acquisition of motor vehicle auction business


• Matter of FBN Food Services, Inc., 82 F.3d 1387, 35 Collier Bankr.Cas.2d 1193, 29 Bankr.Ct.Dec. 29, 7 th Cir. (III.), May 02, 1996 and In re FBN Food Service, Inc., 175 B.R. 671, 32 Collier Bankr.Cas.2d 1316, Bankr.N.D.III., Dec 06, 1994. Representation of East River Savings Bank and its affiliates in the defense of RICO claims, a fraudulent conveyance action and related litigation in the Bankruptcy Court for the Northern District of Illinois, the U. S. District Court for the Northern District of Illinois, the U. S. Court of Appeals for the Seventh Circuit and the courts of the State of Illinois that arose from $7 million in loans made by East River Savings Bank to the operators of group of Taco Bell and Sizzler restaurants and the lender's subsequent participation in a mediation that was conducted in Chicago, Ill under the auspices of JAMS/Endispute


• Hartz Mountain Corp. v. Allou Distributors, Inc., 173 A. D.2d 440, 570 N.Y.S.2d 66 (2 Dept. 1991). Representation of a manufacturer of pet supplies in dispute with a distributor concerning the sale of gray market goods.


• Won one of the first cases in New York City that sustained the co-op flip tax.

• U.S. v. Clinton Capital Corp., 748 F.Supp. 231 (S.D.N.Y. 1990). Representation of SBIC lender in receivership issues
• Represented lenders and debtors in foreclosures/workouts in the New York State and Federal Courts involving hundreds of millions of dollars


• Management Assistance Inc v. Edelman, 584 F. Supp. 1016 (SDNY 1984). Represented a client alleged to have violated Section 13(d) of the Securities and Exchange Act of 1934. The favorable decision was the first ruling by any court that a limited partner could be immune under the securities laws because of the limited liability that a limited partner has under New York Law.