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Representative Cases and Matters for Peter D. Aufrichtig

Business Litigation - Intellectual Property - Patent Infringement

Yellow Cab, etc. v. Schwartz, et al, United States District Court, Southern District of New York, 1:13-cv-07575 (JSR/GWG).

in addition to a monetary settlement payable to our clients, after intense litigation and expedited discovery before Judge Jed S. Rakoff, Phil Landrigan and Peter Aufrichtig were able to obtain permanent injunctions against defendants’ infringement of the clients’ patent. The patent, previously prosecuted to issuance in the PTO by Peter, was for an in-vehicle vending machine. One party that was  introduced to the product by the client was also permanently enjoined from any activities related to in vehicle vending machines.

Corporate & General Business - Commercial Finance - Banking – Drafting, Negotiating & Reviewing International Swap Dealers Association (ISDA) Master Agreements

Representation of International Bank in Drafting, Reviewing & Negotiating ISDA Master Agreements, Schedules & Credit Support Annexes

McCarthy Fingar's Corporate & Commercial Finance lawyers have large experience in dealing with domestic and even international banking matters. Here, Peter D. Aufrichtig represented a multi-national Bank client in connection with a series of ISDA Master Agreements to allow the Bank to deal, from a variety of its international branches, with other Banks in connection with a wide variety of financial instruments including derivatives.


Business Litigation - Real Estate Transactions - Enforcement of Lease - Award of Attorney Fees

Armur Realty LLC et al. v. Banco do Brasil (U.S.D.C., N.J. 2011)

Sometimes, disputes on leasing and real estate transactions cannot be resolved out of court. Representing Banco do Brasil, Peter D. Aufrichtig obtained summary judgment dismissing the entire action to enforce a lease terminated by Banco do Brasil ab initio, in the United States District Court for the District of New Jersey. Peter also persuaded the court to direct the losing side to pay the firm's attorney fees in Peter's successful motion to dismiss the other side's case.

Real Estate Transactions - Transfer of Condominium Apartment Based on Ancient Contract

Transfer of Multi-Million Dollar Condominium Apartment on a High Floor of Trump Tower Apartment Based on 26 year Old Contract

Clients facing complex legal problems come to McCarthy Fingar to help solve the problem. Here, Peter D. Aufrichtig worked with a client to convey a multi-million dollar apartment on a high floor in the Trump Tower condominium at 5th Avenue in Manhattan, based on a 26 year old contract. However, the contract neither identified the property with any particularity nor described any specific consideration for the conveyance. The apartment had been vacant and in legal limbo for more than 25 years, until Peter's creative lawyering helped design and navigate a complex path to a successful conveyance with good, insurable title insurance. Just another example of McCarthy Fingar's real estate lawyers developing creative solutions to vexing legal problems.

Corporate & General Business -  Commercial Finance - Banking – Successful Transfer of Multi-Billion Transfer of Offshore Mutual Fund Assets to New Tax Free Jurisdiction


Negotiation & Drafting Transfer Agreements, Amendments to 45 Separate Borrowing Transactions among More than a Dozen Entities to be Conveyed to New Entity; Acting as Escrow Agent

In addition to coordinating, reviewing and advising clients on major commercial loan transactions for its banking clients, our lawyers sometimes assist clients on the large scale structural revision of lending operations associated with offshore mutual funds on behalf of foreign clients. Here, Peter D. Aufrichtig successfully structured, drafted, coordinated and closed a major shift of offshore mutual funds from an existing tax free jurisdiction to another tax free jurisdiction to avoid a third jurisdiction’s tax issues. Coordinating the transfer from one jurisdiction’s structure to another jurisdiction's structure as well as asset transfer of 45 separate major lending transactions totaling almost $10 Billion, with varying structures and loan documentation at a single closing. McCarthy Fingar acted, through Peter Aufrichtig, as the escrow agent for all parties, and as New York counsel to the mutual funds.


Commercial Finance – Syndicated Secured Lending on $1.9 Billion Transaction - Oil Drilling Platforms

Representation of Banking Client, as Lender in $1.9 Billion Multi-Bank Secured Financing of Oil Drilling Platforms

Commercial Finance lawyers often represent banks in transactions involving multiple banks. In one such transaction, Peter D. Aufrichtig represented one of the firm’s banking clients on a $1.9 billion secured financing in which the firm’s client was one of the lead lenders in the financing to build two separate oil drilling platforms. The security for the financing was a long term lease of the oil drilling platforms by a significant multi-national oil company. Peter was able to enhance the security and viability of the transaction for his bank client.


Intellectual Property - Stopping Unfair Competition By Client’s Competitors - Federal Court Action For Injunctive & Monetary Relief

Successful Action on behalf of Major Nutritional Supplement Client against Competitors' False Claims against Client’s Products

In addition to their experience on patent work and other Intellectual Property issues, McCarthy Fingar's Intellectual Property lawyers represent clients on a variety of related issues. Here, Peter Aufrichtig represented a major Nutritional Supplement client in a series of litigations in Federal Courts around the country enjoining various Competitors who made claims for their products which improperly argued for their products’ superiority over the Client’s products. Through use of scientific studies and analysis of the alleged support of the Competitor’s claims, Peter was able to enjoin each of the unfounded claims of the Competitors and in some cases also recover significant monetary damages for the Client.


Corporate & General Business - Intellectual Property – Enforcing Client’s Trademark Rights in Federal Court Litigation

Representation of Trademark Holder in Successful Litigation of United States Registered Trademark against Infringer

McCarthy Fingar's intellectual property lawyers represent clients on trademark infringement issues. Here, Peter Aufrichtig represented the holder of a Federal Trademark Registration against a major competitor using its Trademark. Peter was able to secure, through an action in Federal District Court in Salt Lake City, Utah, early injunctive and monetary relief. The infringing activity was stopped and the client received monetary damages from the Infringer.