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| Phone: (212) 808-7586 |
Fax: (212) 808-7897 |
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| Mr. Suden’s practice focuses on commercial litigation. |
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Representative Experience:
Part of the team which successfully defended a hospital in a lawsuit brought by its former Director of Risk Management who alleged that she was fired in violation of New York’s "whistleblower law" because she advocated for the reporting of alleged "adverse" patient incidents to the New York State Department of Health, pursuant to the "NYPORTS" reporting system. Involved with all aspects of the litigation, from discovery to trial, including appeals of discovery rulings regarding important privilege issues associated with NYPORTS reporting and other statutory privileges which protected the hospital's quality management processes. Successfully moved for sanctions against plaintiff's counsel for discovery abuses and defended that ruling on appeal. Successfully moved for a directed verdict after the close of plaintiff's case with the Judge holding that the case was "without basis in law or fact" and inviting the hospital to move to recover its legal fees from the plaintiff pursuant to the whistleblower statute. In anticipation of a potential adverse ruling on fees, the plaintiff filed for bankruptcy. The case was reported in the New York Law Journal and Crain’s Health Pulse.
Part of a team which successfully defended JPMorgan Chase Bank in a $20 million lawsuit brought by bondholders of a complex collateralized debt obligation (“CDO”) transaction asserting claims of breach of contract, breach of fiduciary duty and negligence arising out of JPMC's role as indenture trustee on the deal. In a series of motions, the litigation team successfully argued that plaintiffs could not establish causation or damages as a matter of law. The Court agreed and granted JPMC's summary judgment motion. Plaintiff waived its right to appeal.
Part of the trial team for a major chemical company in a fraud, unfair competition and breach of contract case arising out of the purchase of a company and the defendant’s violation of a non-compete agreement. The case also involved a claim under the federal Computer Fraud and Abuse Act. Involved with all aspects of the litigation from discovery to trial. Successfully moved to exclude defendant's expert damages witness on a motion in limine. Successfully obtained a multi-million dollar jury verdict after a 6-week trial and successfully prosecuted a contempt application against the defendant and his attorneys.
Part of a team that prosecuted claims for approximately $1.2 billion on behalf of JPMorgan Chase Bank against eleven insurance companies over surety bonds written in connection with transactions that the bank entered into with Enron Corp. A favorable settlement was achieved after closing arguments following a month-long trial. |
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Bar Admissions:
New York, 2003
United States District Courts for the Southern and Eastern Districts of New York, 2003
United States Court of Appeals for the Second Circuit, 2007
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| Education:
Fordham University School of Law, JD, 2002
Massachusetts Institute of Technology, BS, 1999
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Office Location:
101 Park Avenue
New York, NY 10178-0002
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