News

Jim Fulton successfully represented individuals opposing a neighbor’s application for a variance to construct a second story addition to the residence on the adjacent property. Following oral argument, the Darien Zoning Board of Appeals ruled in the client’s favor, denying the application for variance and barring construction of the second story addition.

Tom O’Connor was elected President of the Greenwich Bar Association. He is the former Vice President of the Greenwich Bar Association and previously held the position of Treasurer.

Cyd Smith was a speaker at the International Council of Shopping Center National Law Conference to be held in Orlando, Florida the 22nd through 25th of October. Ms. Smith presented the topic of exclusive and restrictive covenants in retail leases with Attorney Ellen Friedler, a principal in the Chicago based offices of The Strategic Leasing Law Group. Natalia Sieira assisted in the preparation of the presentation and written materials.

The Firm is pleased to announce that Wyatt Jansen has joined the Firm as an associate in the Litigation Department.

Wyatt joins the Firm from Rosenfeld & Kaplan LLP, a litigation boutique located in New York City.

Jim Fulton successfully represented a property owner opposing the variance application to construct a sizeable addition to a home on the neighboring adjacent lot. Upon oral argument on behalf of the client, the Greenwich Planning & Zoning Board of Appeals ruled in the client’s favor, denied the application for variance and barred the construction of the new addition.

Harry E. Peden, III and others in the Business Law Department continue to represent a private marketing firm that is the controlling member in a joint venture with a public pharmacy benefit management company in the highly regulated pharmaceutical industry and handles its state licensing and corporate governance matters. In this role, the Firm regularly negotiates with state regulators and addresses compliance issues.

Jim Fulton successfully represented a neighbor who opposed an application for variance to construct a large home on a lot that had previously contained a house half the size of what the applicant asked to construct. After oral argument, the Greenwich Planning & Zoning Board of Appeals ruled in the client’s favor, denied the application for variance and barred the construction of the new, larger home.

Charles W. Pieterse spoke at the ALI-CLE Conference “Representing Estate and Trust Beneficiaries and Fiduciaries in Chicago, Illinois. Mr. Pieterse, joined by attorney Elizabeth E. W. Weinewuth (from the Cincinnati office of Vorys, Sater, Seymour and Pease, LLP) and Professor Robert W. Whitman (University of Connecticut, School of Law), addressed the Conference on the topic “Releases and their Challenges.” Thomas P. O’Connor assisted Mr. Pieterse in the preparation of the related written materials distributed at the Conference.

Rod Saggese, who previously held the position of Treasurer, was elected Secretary of the Fairfield County Bar Association.

The Firm is representative counsel for a local bank in its loan transactions, which recently included a series of multi-million dollar loans secured primarily by the borrower’s trademarks.

Richard E. Mancuso represented the sole owner of a technology company in the sale of a majority equity interest in the entity to two employees of the company, secured with back end buy out protections. Shortly after closing the transaction, circumstances arose accelerating the majority buy-out by the client, restoring her equity position in the company.

Harry E. Peden, III represented a private operating foundation in the sale of its renowned antique car collection. The antique cars were primarily sold through prominent private auctions.

Harry E. Peden, III and others in the business group represented a client in the sale of a highly successful dental practice. The Firm has frequently represented doctors, dentists and veterinarians in the acquisition, sale or financing of their professional practices.

Cyd Smith successfully represented a recognized national real estate investment trust in numerous tax certiorari actions, achieving significant tax assessment reductions, as well as substantial real estate tax refunds, with respect to various commercial office buildings and centers.

Whitman Breed Partners have been named “Connecticut Super Lawyers®” for 2014. Connecticut selection information at http://www.superlawyers.com/Connecticut/selection_details.html

Terry Coates (Estate Planning & Probate), Charles Pieterse (Trusts & Estates Litigation) and Rod Saggese (Rising Star, General Litigation) were named Connecticut Super Lawyers.

Rod Saggese was elected to the Board of Directors of Greenwich Emergency Medical Services, Inc. (“GEMS”). GEMS is a not-for-profit organization that is the sole provider of pre-hospital emergency medical services to the Town of Greenwich.

The Firm represented a public charity in a transaction resulting in the settlement of a judgment with a discounted payoff of the commercial loan. Kevin A. Walsh led the negotiations between the debtor and each of the creditors. John Shaban assisted in resolving the litigation matters.

Richard E. Mancuso represented a private equity fund in a series of government sponsored debt and preferred equity investments in a private company. As part of the transaction, Richard negotiated investment documents with the private company, inter-creditor agreements with the senior lender, and restructured the debt financing, eliminating the debt component in favor of additional equity for the Firm’s client.

Whitman Breed Partners have been named “New England Super Lawyers®” for 2013. Connecticut selection information at http://www.superlawyers.com/Connecticut/selection_details.html

Terry Coates (Estate Planning & Probate), Charles Pieterse (Trusts & Estates Litigation) and Rod Saggese (Rising Star, General Litigation) were named New England Super Lawyers.

Cyd Smith presented “Co-Tenancy, Opening and Operating Covenants: Black and White or Shades of Grey” at the International Council of Shopping Center National Law Conference in October 2012. Ms. Smith was joined by Attorney Gary Glick of the Los Angeles firm of Cos, Castle & Nicholson and Lisa A Schwartz, Vice President Legal – Real Estate for The TJX Companies, Inc.

Tom O’Connor was elected Vice President of the Greenwich Bar Association.

Jim Riley testified as an expert witness in a substantial case before the High Court of Justice, Chancery Division, in London, England. The case involved the proper construction of numerous provisions in a guaranty of a commercial obligation (both the guaranty and underlying loan agreement were governed by Connecticut law). Jim provided expert testimony with respect to the substance of Connecticut law as to the construction of commercial contracts; the rights and obligations of debtors, creditors and guarantors in commercial relationships; and the application of that law to the issues in dispute. His testimony was cited favorably throughout the Court’s 75-page decision. Porter Capital Corporation v. Masters, Claim No. HC 12 T00556 (High Court of Justice, Chancery Division, London, Dec. 13, 2013).

Rod Saggese was elected Treasurer of the Fairfield County Bar Association.

The Firm successfully represented a public charity in effecting a stay of enforcement proceedings in Connecticut on a New York judgment after an analysis of first impression under Connecticut law of the stay provisions in the Uniform Enforcement of Foreign Judgments Act and related Connecticut statutes. Allied Irish Banks v. YMCA of Greenwich, 55 Conn. L. Rptr. 800 (March 25, 2013) (Jennings, J.). John Shaban headed the Firm’s efforts on the litigation front, and later assisted Kevin Walsh in negotiating a global resolution of the multi-state litigation.

Whitman Breed Partners have been named “Connecticut Super Lawyers®” for 2013. Connecticut selection information at http://www.superlawyers.com/Connecticut/selection_details.html

Terry Coates (Estate Planning & Probate), Charles Pieterse (Trusts & Estates Litigation) and Rod Saggese (Rising Star, General Litigation) were named Connecticut Super Lawyers.

The Firm successfully represented policyholders seeking to compel coverage and recover damages as the result of an alleged breach of an insurance contract. The policyholders asserted the insurance company failed to properly notify them of the cancellation of their automobile insurance. On summary judgment, the Court concluded the notice of cancellation provided to the policyholders was untimely and therefore invalid. As a result of the invalid notice, the policy itself was not properly cancelled and the Court enforced the policy. In enforcing the policy, the Court granted a declaratory judgment stating the policy was in full force and effect for the policyholders’ benefit as of the time of the subject accident.

Jim Fulton and Rod Saggese represented the policyholders on behalf of the Firm. Lee v. AIG Cas. Co., 919 F. Supp. 2d 219 (D. Conn. 2013).

In conjunction with Canadian counsel, the Firm represented a U. S. owned multi-million dollar Canadian company in the sale of one of its divisions which manufactures precision machine parts for the aerospace, transportation and communications industries to another Canadian company. Kevin A. Walsh and Katie O’Neill were the primary attorneys responsible for this transaction.

John Shaban was re-elected to the Connecticut General Assembly as a State Representative in 135th Assembly District (Weston, Easton and Redding). This is John’s second two year term as State Representative. John serves on the Judiciary Committee, Finance Committee and Environment Committee, and was appointed Ranking House Member, Environment Committee.

Whitman Breed Partners have been named “New England Super Lawyers®” for 2012. Connecticut selection information at http://www.superlawyers.com/Connecticut/selection_details.html

Terry Coates (Estate Planning & Probate), Tony Macleod (Energy & Natural Resources), Charles Pieterse (Business Litigation) and Rod Saggese (Rising Star, General Litigation) were named New England Super Lawyers.

The Firm successfully defended a Connecticut-based asset manager/investment advisor (and its majority shareholder) against a $20 million claim by a former Managing Director for breach of contract and breach of fiduciary duty. Following a five-day hearing on the plaintiff’s application for a prejudgment attachment of our clients’ assets, a Judge of the Complex Litigation Division of the Connecticut Superior Court held that the claims lacked probable cause and denied the application. Jim Riley headed the Firm’s efforts, assisted by Tom O’Connor. Weinberger v. Shaw, 2012 Conn. Super. LEXIS 3191 (Sept. 28, 2012).

Tom O’Connor was elected Treasurer of the Greenwich Bar Association.