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Pete Eikenberry is a forty-five year civil litigator and trial lawyer with intensive experience in a variety of areas including the following recent matters:
2009 and 2010
a) We defended an international dealer in high end jewelry against a $6.5 million claim by an international auction house for a series of collateral loans going back more than a decade. We defeated a summary judgment motion (though conceding liability) and in a day and a half of limited deposition discovery, uncovered a $1.5 million group of errors in the plaintiff’s bookkeeping resulting in the plaintiff reducing its claim to $5 million. Two days before trial on damages we settled the action for $2 million. The key to reducing the claim and settling the case was the modest expenditure of about $10,000 on high end accounting services in aid of the defense.
b) In the years 2007 to 2010, we pursued a “withering away” strategy in defending a non-profit entity from a claim of $7.3 million based on a written settlement agreement. We attacked the alleged settlement agreement as not properly supported in documentation. To date, after the plaintiff voluntarily reduced the claim to about $3 million, it has not pursued the claim for two years. The key was aggressive deposition examinations concerning bookkeeping records allegedly supporting the claim in addition to the attack on the documentation of settlement agreement itself. Once again the expenditure of a few thousand dollars on a top flight accountant resulted in a significant reduction of a claim which we expect to settle someday for about $1 million.
c) In late 2008 and throughout 2010, we defended two non-bankrupt clients in adversary proceedings in the bankruptcy court under very difficult circumstances with three substantial law firms in opposition. A statement was achieved but the proceedings are now stayed as the result of voluntary bankruptcy petitions being filed.
d In years 2009 and 2010, we secured over $1.2 million from a reluctant carrier as to a claim for fire damages to a Brooklyn apartment house.
e) We represented a multi-million dollar construction and development firm with extensive projects either directly or through affiliates in New York City and China in defending the firm and affiliates against a claim for finder’s fee for securing over $100 million in equity funding. The litigation was favorably resolved after the clients moved to dismiss the complaint. A joint venture affiliate co-defendant employed an international law firm to do parallel legal work at a cost double our fees- for almost the identical work in the identical period of time. We took the lead in defending the action and we were responsible for resolving it.
Plaintiff representation
a) In the years 2007 through 2010, we have achieved over $5 million for plaintiffs in class action and individual settlement of sexual harassment, racial discrimination and Fair Labor Standards Act matters.
b) In years 2005 and 2006, we realized over $8 million at trial lasting over 6 months against one defendant and we achieved an approximately $5 million partial settlement with other parties of a longstanding litigation including priceless antique items and we oversaw a Sotheby’s auction of the items.
Other notable matters
a) Successfully defended senior bank officer in litigation in Federal Reserve Bank administrative procedure. Matter settled by slap on wrist; client agreed to seek legal counsel if intended to enter banking industry again.
b) Successfully defended senior bank officer in sexual harassment suit against him which was dismissed in lower court affirmed on appeal.
c) Successfully defended Midwestern auto parts manufacturer at trial who was awarded attorney’s fees on matter brought by the manufacturer’s pension fund.
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