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| Phone: (203) 351-8013 |
Fax: (203) 327-2669 |
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| Mr. Nealon's practice focuses on civil litigation, primarily commercial litigation and arbitration involving contract claims, unfair trade practices and unfair competition claims, franchise disputes, class action defense, bankruptcy, employment, antitrust and intellectual property litigation, and defending claims and regulatory investigations brought against financial institutions and broker-dealer firms in the securities industry. |
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Representative Experience:
Lead litigation counsel to Dr. Tafas in successfully obtaining summary judgment permanently enjoining and invalidating the United States Patent & Trademark Office's new continuation and claims rules in Tafas v. Dudas, 2008 WL 859467 (E.D. Va. April 1, 2008).
Represented JPMorgan Chase & Co. as part of trial team in JPMorgan Chase v. Liberty Mutual Insurance, et. al. (S.D.N.Y.), an action brought by JPMC to recover in excess of $1 billion dollars from 11 major insurance companies who reneged on surety bonds securing certain Enron commodity transactions. The case was settled on favorable terms immediately prior to jury deliberations after a month long trial.
Represented securities industry and financial services clients in over 40 NYSE, NASD and FINRA arbitration proceedings involving employment, customer, trading and clearing disputes.
Represented JPMorgan Chase & Co. in the consolidated securities class action litigation (known as the Newby case) brought by Enron shareholders in the Southern District of Texas, as well as represented JPMC in the Enron bankruptcy case (including numerous adversary proceedings) in the Southern District of New York.
Represented JPMorgan Chase & Co. in a number of actions brought by bank participants (or their assignees) who claimed to have suffered Enron related losses in connection with certain syndicated credit facilities in which JPMC acted as syndication agent.
Represented JPMorgan Chase & Co. in litigation brought by Westdeustche Landesbank in the Southern District of New York, in which WestLB alleged that JPMC and a special purpose entity, Mahonia Limited, engaged in misconduct in connection with certain Enron related commodity transactions. Part of multi-firm litigation team which ultimately defeated WestLB's misconduct allegations after a trial in the High Court of London, in which JPMC and Mahonia Limited were awarded in excess of $165 million, plus interest and costs.
Represented UCAR International, Inc. a/k/a Graftech International Ltd. in multi-year, high profile DOJ and EU price-fixing investigations and defend related civil litigation.
Represented S.B. Thomas in Petereit v. S.B. Thomas, Inc., 63 F.3d 1169 (2d Cir. 1995), cert denied, 116 S. Ct. 1351 (1996) vacating injunction issued by district court prohibiting termination of franchises and the seminal case setting forth standard for "good cause" termination of a franchise under the Connecticut Franchise Act.
Represent a major pharmaceutical manufacturer and its subsidiary in cases and related government investigations alleging Medicare and Medicaid pricing fraud, including civil litigation in Connecticut state court later settled on favorable terms to client.
Represented Union Carbide Corporation in In re JLM Inc. (Conn. Bankr.) in a hotly contested bankruptcy litigation to displace management of debtor in possession, who retained post-bankruptcy operational control of the Sheraton Waterbury Hotel after a vote by shareholders to remove the DIP management team; argued Second Circuit appeal on bankruptcy law question and successfully foreclosed on $18 million dollar loan.
Represented U.S. Clearing Corporation against a wrongful discharge claim in New York State Supreme Court. Obtained summary judgment dismissing entire action, which was affirmed on appeal by the Appellate Division, First Department. Also defended U.S. Clearing against a Fair Labor Standards Act claim in Federal Court in New York. Case was settled for a fraction of plaintiff's demand.
Represented Pitney Bowes, Inc., Xerox Corporation, UCAR, CPC International, Quick & Reilly, Inc. and numerous other large companies and broker-dealers in various employment litigations in New York and Connecticut.
Defense of numerous claims brought under the Connecticut Unfair Trade Practices Act (CUTPA) and Connecticut Uniform Trade Secrets Act (CUTSA) and various government investigations brought by Connecticut Attorney General, New York District Attorney's office and the Connecticut Banking Department. |
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Professional Activities:
Securities Industry and Financial Markets Association (SIFMA)
American Bar Association, Litigation and Employment Sections
Connecticut Bar Association, Federal Practice, Labor & Employment and Financial Institution Sections
Fairfield County Bar Association
Bridgeport Regional Business Council |
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Bar Admissions:
Connecticut, 1991
New York, 1991
United States District Courts for Connecticut and the Southern and Eastern Districts of New York, 1991
United States Court of Appeals for the Second Circuit, 1995
United States Supreme Court, 1996
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Education:
Boston University, JD, 1990
Fairfield University, BA, 1986
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Office Location:
400 Atlantic Street
Stamford, CT 06901
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