Penny Costa

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Primary Office
Experience

Business and Commercial Litigation

  • Defended majority members of various LLCs in lawsuits brought by minority members of the LLCs, each of which culminated in a favorable settlement involving the buy-out of the minority member.
  • Represented a financial services company in a multi-party lawsuit for alleged breach of contract and assorted business torts, which was favorably resolved by a settlement obtained through private mediation.
  • Obtained the dismissal, on demurrer, of claims for breach of contract, conversion, declaratory relief, and an accounting filed by an internationally acclaimed musician-songwriter against a client royalty distribution society.
  • Obtained an order, following briefing and oral argument, granting the client’s petition to stay arbitration in the New York Supreme Court of claims filed with AAA by an assignee and successor-in-interest to music royalty rights.
  • Defended a newspaper publisher in multiple actions alleging defamation, invasion of privacy and emotional distress. The cases were resolved favorably following the filing of anti-Slapp motions, whether by settlement or by judgment entered in the client’s favor with an award of attorneys’ fees.
  • Prosecuted a multi-count copyright action on behalf of a non-profit corporation that awards board certification in internal medicine to physicians. Obtained a default judgment against the infringer as a terminating sanction.
  • Represented a major city government and its city attorney's office in an action for retaliation and discrimination by a former deputy city attorney who had been terminated for unprofessional conduct following a Skelly proceeding. Obtained summary judgment on behalf of two high-level public officials.
  • Represented a financial services firm in an action for breach of contract and negligence arising from the cancellation of its client’s stock option grants.
  • Represented a national grocery store chain in implementing settlements of several class action lawsuits alleging wage and hour claims.
  • Represented the general partner in a dispute with limited partners regarding the sale of a regional cable television franchise, the dissolution of the partnership, and the distribution of partnership assets.