MICHAEL W. FREUDENBERG

Michael W. Freudenberg is a partner working in the Commercial Litigation and Corporate Practice Groups. He has experience in a wide variety of commercial litigation matters in New York State and Federal Court, as well as in alternative dispute forums such as the American Arbitration Association (AAA) and the Financial Industry Regulatory Authority (FINRA). Michael is responsible for all aspects of litigation in complex commercial, insurance, trademark, employment, products liability, professional liability, and construction claims matters.

Michael also serves as outside General Counsel for small to medium-sized companies, and provides advice and counsel regarding litigation, compliance, employment and labor law claims, and collective bargaining agreement grievances. He provides corporate clients, their management and their employees with annual interactive sexual harassment prevention training in full compliance with New York State and New York City Labor Laws. Michael negotiates and prepares various business agreements, including operating, partnership, shareholder, buy-sell, asset purchase, commercial leases, agency, management, employment, severance, intellectual property license, consignment, requirements, consulting, non-compete, non-solicitation and confidentiality agreements, as well as corporate resolutions, powers of attorney, consents and assignment

Michael, his wife Angelique, daughter Livia and son Julian reside in Scarsdale, New York. In his spare time, Michael is an avid biker, skier, and runner, as well as successful finisher of the New York City Marathon. Michael is actively involved in many professional, community, and charity organizations, including serving as a Board member for several of these organizations.

Representative Matters:

• Negotiated lucrative severance packages and separation agreements for employees facing job termination.

• Obtained dismissal of $10 million lawsuit via motion to strike due to spoliation of evidence and failure to preserve electronic discovery.

• Handled construction delay and breach of contract action on behalf of construction firm against school district resulting in $3.2 million settlement.

• Obtained highly favorable settlement on behalf of construction management firm in $78 million subrogation action involving property damage, loan interest, and loss of income claims resulting from a fire during construction of landmark New York City residential, retail, office, and entertainment complex.

• Successfully prosecuted and resolved suitability claims on behalf of customers before Financial Industry Regulatory Authority (FINRA) arbitration and mediation panels.

• Represented shareholder in sale of his shares in privately held corporation and real estate limited liability company valued in excess of $15 million.

• Represented clients in acquisition of 60% interest in manufacturing company.

• Represented clients in acquisition of 60% interest in manufacturing company. Represented New York City real estate developers in connection with several agreements with architects, engineers, and general contractors.

• Represented New York City real estate developers in connection with several agreements with architects, engineers, and general contractors.

Published Works

• Building Defects: The Power of a Google Search, Habitat Magazine, November 2017 Legal Issue

• Ten Business Practices to Manage Risk and Avoid Litigation, The Westchester County Business Journal, March 20, 2017 and WestFair Online, March 17, 2017 [https://westfaironline.com/86875/ten-business-practices-to-manage-risk-and-avoid-litigation-2/]

• Breaking Ground: Trends in New York Construction Law, Blog Founder and Contributor, http://www.nyconstructionlawblog.com/

• A Guide to Spoliation Risk Prevention and the Duty to Preserve Electronic Evidence in New York, WCBA CLE – Catch It While You Can: Understanding the Duty to Preserve & Collect Electronic Evidence, February 25, 2015

• Fail to Register Your Drone? You Could Be Hit With 27K Fine, NBCNews.com, December 21, 2015 [http://www.nbcnews.com/tech/innovation/fail-register-your-drone-you-could-be-hit-27k-fine-n481856]

• Electronic Communications and the Importance of Spoliation Risk Prevention by Advising Insureds and Employees of the Duty to Preserve Electronic and Other Evidence, NYSBA – Law School for Insurance Professionals, October 20, 2014

• Measure of Damages For Injury to Property, NYSBA – Continuing Legal Education, April 15, 2011

Speaking Engagements

• What Every Lawyer and Business Owner Should Know About the New Sexual Harassment Law in New York, Judicial Title CLE, May 16, 2019

• What Every Lawyer Should Know About Drones, Putnam County Bar Association Luncheon, February 8, 2017

• Evolving Drone Legal Issues, Westchester County Bar Association CLE-Speaker and Moderator, September 29, 2016

• Catch It While You Can: Understanding the Duty to Preserve and Collect Electronic Evidence, Westchester County Bar Assocation, February 25, 2015

Decisions

• Chartis Seguros Mexico v. HLI Rail & Rigging, 2015 WL 545565 (S.D.N.Y. 2015

• Chartis Seguros Mexico v. HLI Rail & Rigging, 3 F.Supp.3d 171 (S.D.N.Y. 2014)

• Firefly Equities v. Ultimate Combustion Co., Inc., 2010 WL 5174358 (Southern District of New York 2010)

• Denenberg v Rosen, 71 A.D. 3d 187 (1st Dep’t 2010)

• hen v. Fischer, 73 A.D. 3d 1167 (2d Dep’t 2010)

• NetJets, Inc. v. Signature Flight Support, Inc., 43 A.D. 3d 1016 (2d Dep’t 2007)