Experience

As a partner at Eaton & Van Winkle since 1996, Mr. Gross has represented companies, entrepreneurs and not-for-profit organizations based in the U.S. and abroad in a wide variety of complex commercial litigation including disputes in the telecommunications, entertainment, commodities trading and real estate and construction industries.
He is admitted to practice in New York and before the United States District Courts for the Southern and Eastern Districts of New York and the United States Court of Appeals for the Second, Third, Fourth and Eleventh Circuits.
Mr. Gross is a member of the Media Committee of the New York City Bar Association, the Association of Yale Alumni, and the Yale Black Alumni Association.

After graduating from Yale College in 1978 and Yale Law School in 1981, Mr. Gross quickly developed his skills as a trial attorney in a law office specializing in Civil Service law and executive employment matters. He went on to represent real estate developers, businesses in the financial industry, high net worth individuals and entrepreneurs in complex commercial litigations in the 1980s, and creditors, committees and trustees in many of the largest bankruptcy cases in the 1990s.

Representative Matters

International Litigation

Hawknet, Ltd. v. Overseas Shipping Agencies, 587 F.3d 127 and 590 F.3d 87. Lead counsel in representation of German trading company in action to vacate a maritime attachment of an electronic funds transfer held by a New York Bank, resulting in landmark decision in the client’s favor by the Second Circuit Court of Appeals.

Kahn Lucas Lancaster, Inc. v. Lark Intern. Ltd., 186 F.3d 210. Lead counsel in representation of Hong Kong-based buying agent in defense of federal court proceeding to compel arbitration in New York under international convention, resulting in dismissal of action by the Second Circuit Court of Appeals.

In Re Ashapura Minechem, Ltd. No. 1:11-BK-14668 (Docket) (Bkrtcy. S.D.N.Y., Oct. 5 2012). In representation of a creditor holding a U.S. judgment based on International arbitral awards, obtained the first ever order dismissing a U.S. cross-border insolvency case under Chapter 15 of the Bankruptcy Code based on changed circumstances following the grant of recognition.

A.I. Trade Finance v. Centro Internationale Handelsbank AG, 1996 WL 732635.
Lead counsel in representation of Austrian bank in action in New York against trade finance company in the forfeiting industry, sounding in breach of contract and fraud, resulting in favorable settlement for client.

Lead counsel in representation of Korean holding company in defense of action seeking more than $1 billion based on government directed transfer of international construction operations, resulting in early dismissal of claims against client, while action proceeded for years against other defendants.

As lead counsel for international trading company in Chapter 15 bankruptcy litigation, successfully defeated the debtor’s emergency motion to restrain the client’s intended arrest of a vessel in a foreign port, resulting in immediate payment to the client on the eve of the vessel’s arrival in such port.

Supervising counsel in representation of international commodities supplier against insurer and broker on claim under political risk insurance policy covering confiscated cargo in the Sudan, resulting in favorable settlement for client.

Co-chaired trial in representation of employee of foreign mission to the United Nations in action arising from a terrorist attack, resulting in favorable settlement with governmental authorities after trial.

Chapter 11 Bankruptcy and Reorganization Litigation

Lead counsel in representation of International commodities trading company in successful defense of motion to reject and extinguish Alumina Supply Contract in bankruptcy, resulting in judicial recognition and assignment to third party of tens of millions of dollars of post-petition purchase obligations.

Lead counsel in successful prosecution of motion to dismiss Chapter 11 case as a “bad faith” filing and in successful defense of motion by debtor to reject a ten year exclusive license agreement, resulting in reported decisions by bankruptcy court and District Court in New Jersey (In re Advanced Restoration Technologies, Inc.).

Representation of creditors’ committee of national jewelry company in reorganization proceedings with respect to intercompany disputes and claims against lenders arising from $325 million leveraged buy-out, including conduct of depositions of company officers and head of largest DIP lender in the country, facilitating negotiated modifications to court-approved financing arrangements in Chapter 11 case.

On behalf of bankruptcy court Examiner of national airline, supervised team responsible for investigating several major pre-petition financing and inter-company transactions, including conduct of depositions of company officers and preparation of draft Examiners report.

Representation of bondholders’ committee of national department store chain in reorganization proceedings in objections to post-petition financing arrangements, facilitating negotiated modifications to court-approved loans.

Representation of court appointed Trustee of consumer electronics retailer in insider preference action against major supplier resulting in multi party settlement.

On behalf of bondholders of national wireless communications company, investigated, developed and presented claims against lenders and professionals in connection with $50 million leveraged buyout.

Media and Telecommunications Litigation

Lead counsel in representation of telephone switch servicing company in litigation to establish usage rights in software associated with purchased equipment, resulting in multi-party settlement

Supervising counsel in representation of internet merchandiser in dispute involving domain name rights and shutdown of internet website, resulting in restoration of site within 72 hours of shut down and monetary consideration for client.

Representation of individual in action against celebrity interviewer under contract, resulting in monetary judgment, restraining orders and warrant of arrest for contempt.

Shareholder, Officer and Director Litigation

Lead counsel in litigation on behalf of minority shareholder of New York food distribution business, resulting in settlement following court rulings finding oppression by majority shareholders and directing valuation of client’s interest and conditional dissolution of business in the absence of a buy-out.

Representation of court appointed Trustee of national distributor of medical equipment in prosecution of claims against former senior management and directors sounding in fraud, breach of fiduciary duties and related causes of action, resulting in favorable settlements.

Second-chaired trial in representation of national propane gas distribution company and majority shareholders in defense of action to establish interest in company under contract.

Real Estate/Construction Litigation

Lead trial counsel in representation of owners of commercial building in New York against net-lessee and under-tenants with agreements extending beyond net lease term, resulting in vacatur of building and multimillion dollar settlement after commencement of trial.

Representation of surety and general contractor of waste-water treatment facility in Western New York in litigation with piping and earthwork subcontractor, resulting in favorable settlement for client.

Representation of surety and general contractor of corporate headquarters in Westchester, New York, in dispute with structural steel subcontractor involving value engineering and extra work claims, resulting in dismissal of claims against client.

Representation of contract seller of Manhattan apartment building housing nursing home in defense of action by contract purchaser seeking enforcement of agreement to sell property in vacant condition, resulting in multi-party settlement with private parties and governmental authorities.

Intellectual Property Litigation

Supervising attorney in representation of U.S. automobile parts manufacturer in successful suit to enjoin U.S. sales by Chinese manufacturer, based on claims for unfair competition and theft of trade secrets.

Representation of watch manufacturer in action against competitor for trademark and trade dress infringement and unfair competition.

Representation of international real estate developer in defense of trade secrets litigation involving one of the largest commercial real estate developments in New York City, resulting in pre-trial dismissal of claims against client while action continued for years against remaining defendants.

Charitable Organization Litigation

Representation of national charitable organization in proceedings involving disaffiliation of local organizations.

Other Litigation

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.

Education

  • Yale Law School, 1981
  • Yale College, 1978