Areas of Concentration

  • Complex Contract/Commercial Litigation, International Litigation and Arbitration
  • Intellectual Property, Copyright and Trademark/Litigation
  • Native American Law
  • Art Law
  • Appellate Issues
  • Obtaining Preliminary Injunctive Relief In Business Disputes
  • Enforcement and Defense of Promissory Note Actions and N.Y. CPLR 3213 Motions For Expedited Relief
  • Appeals
  • Foreign Discovery Issues, Blocking Statutes and 28 USC 1782(a) applications for discovery in connection with foreign litigation

Sample Clients

  • Business executives involved in employment disputes relating to wrongful termination and non-payment of commissions
  • Individuals and closely-held partnerships involved in partnership disputes or “business divorces” involving disputes over control of partnership, division of real estate holdings and control of patents
  • Russian businesses and Russian business executives involved in disputes with U.S. companies
  • French businesses and French business executives involved in disputes with U.S. companies
  • German businesses and German business executives involved in disputes with U.S. companies
  • Native American businesses and individuals
  • Real estate developers in disputes over brokerage commissions
  • Art dealers
  • Architectural firms
  • Attorneys and law firms

Experience

Mr. Rader has represented U.S. and international clients in a variety of state and federal civil and criminal cases including matters involving corporate and international litigation, arbitration, international trade, extradition, art law, trademark issues, entertainment law and Native American Law.

Mr. Rader has been involved in several high profile cases including representation of a prominent German real estate developer in extradition proceedings and preparation of writ of habeas corpus; representation of an Azerbaijani law professor accused of attempting to sell works of art allegedly stolen in World War II; and representation of Internet Tobacco sellers in complex federal litigation involving novel theories of trademark violation alleged by Philip Morris concerning grey goods and the sale of tobacco products by Native American business.

Mr. Rader has consulted with and assisted in preparation of British counsel in connection with multi-jurisdictional matters with related litigation in both the U.S. and Great Britain.

Mr. Rader has obtained an award of summary judgment in excess of $2.5 million on behalf of a client in a commercial litigation matter involving various breaches of fiduciary duties by establishing adverse inferences as a result of defendant’s destruction of computers and other relevant evidence. In several matters, Mr. Rader has obtained preliminary relief for clients involved in partnership disputes leading to favorable resolution of “business divorce” actions.

He has recently settled a matter involving a partnership dispute over various real estate holdings in Brooklyn in which, after obtaining injunctive relief, his client received sole possession of a Brooklyn property worth several million dollars, plus cash payments in excess of $1 million.

Representative Litigation Matters

B.D. Estate Planning Corp v. Trachtenberg, 134 A.D.3d650 (2015) .Secured from the Appellate Division, First Department, a modification of an adverse decision rendered in Supreme Court, New York County. The litigation was a suit on a promissory note given in connection with the sale of a multi-million dollar STOLI life insurance policy and the financing of the premium payments therefor. EVW represented the defendant in this litigation.

Philip Morris USA, Inc. v. Veles, Ltd. Et al., 06 CV 2988, SDNY. Represented Internet Tobacco sellers in complex federal litigation in defense of claims brought by Philip Morris alleging novel theories of trademark violations and seeking injunctions preventing clients from remaining in business.

Steven Fine Associates, Inc. v. Serota, 273 A.D.2d 375, 709 N.Y.S.2d 601 (2d Dept. 2000). Represented Real Estate developer in successful appeal of jury verdict finding client liable for brokerage commission in excess of $2.5 Million.

Satra Limited v. Coca-Cola Company, 247 A.D.2d 248, 699 N.Y.S.2d 22 (1st Det. 1998); 252 A.D. 2d 389, 675 N.Y.S.2d 348 (1st Dept. 1998). Represented plaintiff which had negotiated a complex countertrade arrangement in the former Soviet Union on behalf of Coca-Cola. Prevailed in opposition to Coca-Cola’s motion for dismissal on forum non conveniens grounds where a related lawsuit had previously been filed in London. Then, on appeal, successfully reinstated claims for breach of contract and recovery of commissions, respectively.

  • Represented a New York attorney in a judgment enforcement action against a Russian client that had refused to pay for legal services rendered. Became involved as successor counsel after the action had been dismissed for failure to properly serve foreign defendant. Successfully moved to restore action by obtaining judicial permission to make alternative service on Russian entity by e-mail, which allowed client to obtain jurisdiction leading to favorable resolution without any need for further litigation.
  • Obtained summary judgment for corporate client on breach of fiduciary duty claim by establishing defendant’s destruction of computers and other relevant evidence and proving damages in excess of $2.5 Million.
  • Obtained preliminary injunction in preserving client’s control over partnership decision-making in partnership dispute involving ownership and use of patents. Injunction led to immediate mediation and favorable settlement.
  • Filed Temporary Restraining Order in partnership dispute resulting in defendants’ consent to injunctive relief and restoration of client’s control over real estate partnership in action involving dispute concerning management, ownership and control of several real estate holdings in Williamsburg, Brooklyn and upstate New York.
  • Represented sales executive in wrongful termination lawsuit to recover unpaid commissions in which successful motion to compel defendants’ production of allegedly confidential materials led to prompt, favorable settlement.
  • Obtained summary judgment in lieu of complaint for immediate judgment in New York State Supreme Court on action for recovery on a promissory note.
  • Successfully opposed motion for summary judgment in lieu of complaint in New York State Supreme Court by raising issue as to authenticity of signature on promissory note.
  • Successfully opposed motion for recognition of judgment in New York based on New Jersey default judgment by raising issues challenging service and jurisdiction in New Jersey proceeding.

Bar Admissions

  • New York State Courts (1992)
  • United States Supreme Court (2006)
  • District Court for the Southern District Court of New York (1997)
  • District Court for the Eastern District of New York (1997)
  • Connecticut State Courts (1991)
  • Pro Hac Vice Admission To Various State and Federal Courts (e.g.Illinois State Courts; District Court for the Southern District of Florida and District Court For The Eastern District of Pennsylvania)

Professional Memberships

  • American Bar Association
  • New York City Bar Association

Education

  • University of Wisconsin-Madison (J.D.), 1991
  • Connecticut College (B.A.), 1986