James K. Landau

Partner

James K. Landau, Commercial Litigation

James K. Landau concentrates his practice in Commercial Litigation, Cannabis Law and appeals. Jim has over 30 years of commercial litigation experience. Before coming to McCarthy Fingar, Jim developed his practice at Proskauer Rose LLP, Brown Raysman Millstein Felder & Steiner LLP and Ellenoff Grossman & Schole LLP.

Jim represents clients in litigation before Federal, State and Local courts and other tribunals, including arbitration and mediation before the American Arbitration Association.

Moreover, as head of our Cannabis Law group, Jim has become a thought leader in the New York Cannabis legal community. Thus, he frequently writes and speaks on such topics as attorney ethics, cannabis banking and licensing of cannabis businesses. Jim is a member of the New York State Bar Association‘s Committee on Cannabis Law. He also Co-Chairs the Westchester County Bar Association’s Cannabis Law Committee, and Chairs the Regulatory Committee of the Hudson Valley Cannabis Industry Association.

Jim has been recognized as a New York Metro Super Lawyer® in the area of Commercial Litigation since 2012, and as a Top 25 New York Super Lawyer® for Westchester County since 2018. In addition, Jim has received a peer review rating of AV®Preeminent on Martindale-Hubbell®.

Areas of Experience

  • Litigation of Commercial Disputes in State and Federal Courts and in Arbitration
  • Construction Litigation
  • Litigation of Business Torts, including Breach of Fiduciary Duty and Fraud
  • Corporate and Partnership Dissolution Actions
  • Enforcement of Non-Competition Covenants in Employment Agreements
  • Misappropriation of Trade Secret Actions
  • Actions involving Enforcement or Removal of Mechanic’s Liens on Commercial Property
  • Commercial Landlord and Tenant litigation
  • Cannabis Industry Litigation
  • Article 78 Proceedings
  • Commercial Landlord Tenant Disputes
  • Appeals
06/30/2020

Landau Elected President of White Plains Bar Association

James K. Landau, a member of our Cannabis LawCommercial Litigation and Appellate Practice groups, was sworn in as President of the White Plains Bar Association (WPBA). A member of the WPBA Board of Directors since 2014, Jim previously served as Vice President and Secretary. Jim joins current and former McCarthy Fingar attorneys, Dolores Gebhardt, Joel M. Aurnou, Kathleen DonelliJoseph P. Harrington, Martin Drazen and John G. McQuaid, all of whom served as WPBA President.

06/04/2020

Landau Speaks on Litigation Trends in Cannabis Industry

James K. Landau, a member of our Cannabis LawCommercial Litigation and Appellate Practice groups, spoke on “Litigation Trends in the Cannabis Industry”, in a program sponsored by the Westchester County Bar Association

03/13/2020

Landau in Panel Discussion on Attorneys in Social Media

James K. Landau, a member of our Cannabis LawCommercial Litigation and Appellate Practice groups, was part of a webinar panel discussion for a program entitled “Attorneys in Social Media” sponsored by the Practicing Law Institute.

02/28/2020

Landau Speaks on Litigation Trends in Cannabis Industry

James K. Landau, a member of our Cannabis Law, Commercial Litigation and Appellate Practice groups, spoke on “Litigation Trends in the Cannabis Industry “, in a program sponsored by the Westchester Black Bar Association.

01/29/2020

Landau Speaks on Cannabis Law & Enforcement Issues in Various States

James K. Landau, a member of our Cannabis LawBusiness Litigation and Appellate Practice groups, spoke on “Commercial Litigation Issues to Date, Enforcement Issues, and Experience in Other Jurisdictions”, in a program entitled, “Budding Cannabis and CBD Litigation: Are You Ready for the Green Wave Heading Towards New York?”, sponsored by the Commercial and Federal Litigation Section of the New York State Bar Association. Jim’s presentation and the presentation of other speakers are in the news, as the New York State Bar Association adopted a report from its Committee on Cannabis Law that supports the legalization of adult recreational marijuana use in New York.

01/28/2020

Landau Speaks before NYSBA on Developing Cannabis Law

James K. Landau, a member of our Cannabis Law, Commercial Litigation and Appellate Practice groups, spoke on “The Developing Commercial Cannabis Case Law”, in a program sponsored by the Committee on Cannabis Law of the New York State Bar Association.

11/20/2019

Landau & Trokie Speak on Cannabis Law

James K. Landau and Douglas S. Trokie, both members of our Cannabis Law group, will be part of a panel discussion at an event hosted by the Westchester County Bar Association, entitled “Impending Legalization of Cannabis, the Buzzz for Business”.

10/01/2019

McCarthy Fingar’s “Super Lawyers”

Six of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Kathleen Donelli has again been selected in the field of Family Law. Dolores Gebhardt has again been selected in the field of Family Law. James K. Landau has again been selected in the fields of Commercial Litigation and Appellate, and has again been selected for the Top 25 in Westchester County for Super LawyersFrank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Douglas S. Trokie has again been selected in the fields of Business/Corporate, Closely Held Business, Real Estate, Business and Civil Litigation. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

09/18/2019

Landau Speaks on Legalization of Cannabis

James K. Landau, a member of our Cannabis LawCommercial Litigation and Appellate Practice groups, spoke about the possible passage of Adult-Use Legalization of Cannabis in New York, as part of a panel discussion on “Hot Topics In Cannabis Law” hosted by the Port Chester/Rye Bar Association.

06/18/2019

Landau & Trokie Speak on Impending Legalization of Cannabis

James K. Landau and Douglas S. Trokie, both members of our Cannabis Law group, spoke at a CLE program entitled, “Impending Legalization of Cannabis 2019: The Buzzz for Businesses.” This program was co-sponsored by the FPA Greater Hudson Valley Chapter, the Westchester County Bar Association and the Westchester Chapter of the New York State Society of CPAs.

06/03/2019

Landau Attends Symposium Hosted by Justices of Appellate Division, Second Department

James K. Landau, a member of our Cannabis LawCommercial Litigation and Appellate Practice groups, and Co-Chair of the Appellate Practice Committee of the Westchester County Bar Association, attending a symposium for bar leaders hosted by Justices Connolly, Cohen and Duffy of the Appellate Division, Second Department.

05/23/2019

Landau & Trokie Speak on Legalization Status of Cannabis & Hemp in New York & Connecticut

James K. Landau and Douglas S. Trokie, both members of our Cannabis Law group, spoke on “Legalization Status of Cannabis and Hemp in New York & Connecticut.” This program was co-sponsored by BOHCA (Business Owners Hemp Cannabis Association).

05/08/2019

Landau Speaks on Cannabis Law

James K. Landau, a member of our Cannabis LawCommercial Litigation and Appellate Practice groups, gave an overview on recent decisions in cannabis law in a CLE program entitled, “Impending Legalization – Hot Topics in Cannabis Law.” The program was sponsored by Celesq and hosted by the West LegalEdcenter.

04/11/2019

Landau Lectures for WCBA on Cannabis Law

James K. Landau, a member of our Cannabis LawCommercial Litigation and Appellate Practice groups, gave an overview on recent decisions in cannabis law in a CLE program entitled, “Impending Legalization – Hot Topics in Cannabis Law.” The program was sponsored by the Cannibas Law Committee of the Westchester County Bar Association.

03/15/2019

Landau Speaks on Ethics in Social Media

James K. Landau, a member of our Cannabis LawCommercial Litigation and Appellate Practice groups, was part of a panel discussion in Manhattan on a program entitled “Ethics in Social Media 2019” sponsored by the Practicing Law Institute.

02/01/2019

Landau Co-Authors Article on Cannibis Law

With the expected legalization of marijuana in New York, McCarthy Fingar’s corporate and litigation lawyers are gearing up to represent clients as to the legal issues presented by such legalization. One of our lawyers, James K. Landau, a member of our Cannabis LawCommercial Litigation and Appellate Practice groups, co-authored an article in in the February, 2019 issue of Westchester Lawyer, published by the Westchester County Bar Association, entitled, “The Expected Legalization of Cannabis for Adult Use in New York Will Bring New Challenges for Attorneys.”

10/01/2018

McCarthy Fingar’s “Super Lawyers”

Seven of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Kathleen Donelli has again been selected in the field of Family Law. Dolores Gebhardt has again been selected in the field of Family Law. James K. Landau has again been selected in the fields of Commercial Litigation and Appellate. Kristen Mackay Pennessi has been selected as a Rising Star in the field of Family Law; Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Douglas S. Trokie has again been selected in the fields of Business/Corporate, Closely Held Business, Real Estate, Business and Civil Litigation. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

03/28/2018

Landau Elected to WCBA Board

James K. Landau, a member of our Commercial Litigation and Appellate Practice groups, was elected to the Board of Directors of the Westchester County Bar Association.

03/20/2018

Landau Speaks on Debt Collection Issues for NYSBA

James K. Landau, a member of our Commercial Litigation and Appellate Practice groups, lectured in Mt. Kisco, New York on CPLR Article 52 Enforcement Devices as part of an all-day program entitled “Debt Collections and the Enforcement of Money Judgments” for a program sponsored by the Business Law Section of the New York State Bar Association.

03/16/2018

Landau on Panel Discussing Ethics for Attorneys in Social Media

James K. Landau, a member of our Commercial Litigation and Appellate Practice groups, was part of a panel discussion in Manhattan on a program entitled “Ethics for Attorneys in Social Media” sponsored by the Practicing Law Institute.

10/01/2017

McCarthy Fingar’s “Super Lawyers”

Nine of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Dina M. Aversano has been selected in the areas of Estate & Trust Litigation, Commercial Litigation and Appellate. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Howell Bramson has again been selected in the fields of Estate Planning/Tax and Corporate Business. Joseph Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, General, Estate & Trust Litigation. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Dolores Gebhardt has again been selected in the fields of Family Law/Collaborative Law/Appellate. James K. Landau has again been selected in the fields of Commercial Litigation and Appellate. Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Douglas S. Trokie has again been selected in the fields of Business/Corporate, Closely Held Business, Real Estate, Business and Civil Litigation. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

07/04/2017

Landau Joins Firm as a Partner

We are pleased to announce that, effective July 4, 2017, James K. Landau has joined the firm as a partner and is a member of our Commercial Litigation and Appellate Practice groups. Jim has spent the bulk of his experience at Proskauer Rose LLP and Brown Raysman Millstein Felder & Steiner LLP. Jim has represented companies of all sizes and individuals in federal, state and local courts and tribunals, including arbitrations before the American Arbitration Association and mediations. Jim’s practice focuses on a broad range of matters, including commercial real estate litigation, commercial landlord-tenant litigation, commercial collection work, commercial arbitrations, insurance coverage litigation, bankruptcy litigation, employment disputes, partnership dissolution proceedings, and mortgage foreclosure actions. Jim also frequently counsels employers and employees in connection with the enforceability of restrictive covenants in employment agreements.

KOSL Building Group, LLC, et al. v. Minvielle, AAA Case No. 01-18-0004-2257-2-JF

James K. Landau

Commercial Litigation – Mediation – Dispute Over Land Development

Our Commercial Litigation lawyers are sometimes asked to assist clients in disputes that can be resolved by mediation. Here, James K. Landau  successfully represented a contractor in connection with a dispute over an owner of land to be developed in Rye, New York. The parties entered into a contract giving KOSL, the exclusive right to build a house and other improvements on the subject property. The owner claimed that notwithstanding the foregoing, it had the right to choose another contractor to build a sea wall and dock on the property. After successfully invoking the alternative dispute resolution procedures provided in the contract, Mr. Landau obtained a favorable settlement on behalf of KOSL in mediation conducted via the American Arbitration Association.

In the Matter of the Application of AVC Properties LLC v. The Village of Mamaroneck Zoning Board of Appeals, et al. (Sup. Ct. Westchester, Index Nos. 59146 and 62808/2018)

James K. Landau, Lori Lee Dickson

Municipal Law & Land Use – Article 78 Proceedings – Zoning Board of Appeals

McCarthy Fingar’s Municipal Law & Land Use lawyers are often defending decisions made by our municipal clients.  Here, James K. Landau and Lori Lee Dickson successfully obtained the dismissal of two Article 78 petitions brought by AVC Properties, a landowner and developer who sought to appeal from resolutions issued by against firm client Village of Mamaroneck Zoning Board of Appeals (the “ZBA”). The Court agreed with ZBA’s argument that challenges to its resolutions were not ripe for judicial review because the resolutions were not final and any claimed harm by the landowner may be prevented, ameliorated or rendered moot by further steps available to petitioner and further administrative action.

[Read in full]

Krowe v. Todd, AAA Case No. 01-18-0000-4009

James K. Landau, Irma K. Nimetz

Commercial Litigation – Arbitration/Mediation

Our Commercial Litigation lawyers represent clients in arbitration before the American Arbitration Association. James K. Landau  and Irma K. Nimetz successfully represented a business owner in a dispute with the other member of a closely held limited liability company. Here, our client commenced an arbitration through the American Arbitration Association seeking damages on theories of breach of contract, breach of fiduciary duty, breach of the covenant of good faith and fair dealing and seeking an accounting and the imposition of a constructive trust based on certain alleged unauthorized use of company funds by the respondent. After the respondent interposed counterclaims and moved for summary judgment, a settlement favorable to our client was obtained in mediation.

Brook v. NYI Building Products, Inc., et al. (Sup. Ct., Nassau, Index No. 60803/17)

Douglas S. Trokie, James K. Landau

Commercial Litigation – Corporate & General Business – Breach of Contract – Non-Compete Clause

Our firm’s Commercial Litigation and Corporate & General Business groups sometimes team up for our clients. Here, James K. Landau and Douglas S. Trokie successfully represented our clients who had sold their business to defendants, only to have defendants default under a settlement agreement amending a prior stock purchase agreement, consulting agreement and a non-compete and non-solicitation agreement. We commenced an action for breach of contract as well as for a judgment declaring that that our clients had no further obligations to defendants under both of the non-compete and settlement agreements due to defendants’ breach. In an effort to get more leverage, defendants interposed a frivolous counterclaim and interposed improper disclosure demands that sought to impose burdens on plaintiffs that were greater than those imposed by the CPLR and Commercial Division Rules. A settlement favorable to our clients was obtained after we moved to dismiss the counterclaims and for sanctions.

Matter of Petition of 1241 Castle Hill LLC (Sup. Ct. Bronx, Index No. 26434/17E)

James K. Landau

Commercial Litigation – Lien Law – Mechanics  Lien

McCarthy Fingar’s Commercial Litigation lawyers sometimes represent clients in connection with proceedings involving mechanic’s liens. Here, James K. Landau obtained a judgment in favor of an owner of a building cancelling and vacating a mechanic’s lien placed on the building by a supplier of restaurant products and equipment to a restaurant who was a tenant in the building. He did so by first serving the lienor with a notice and demand pursuant to § 59 of the Lien Law that the lienor commence an action to foreclose its lien or show cause why the lien should not be canceled and vacated. When the lienor failed to respond within the time frame set forth in the statute, Mr. Landau commenced a special proceeding to cancel the lien pursuant to Lien Law § 19(4).

Matter of Petition of Riverdale Equities Ltd (Sup. Ct., Bronx, Index No. 28462/2017E)

James K. Landau

Commercial Litigation – Vacating Mechanics Lien

McCarthy Fingar’s Commercial Litigation lawyers sometimes assist clients in vacating mechanic’s liens. Here, James K. Landau obtained a judgment in favor of an owner of a building cancelling and vacating a mechanic’s lien placed on the building by a supplier of restaurant products and equipment to a restaurant who was a former tenant in the building. He did so by first serving the lienor with a notice and demand pursuant to § 59 of the Lien Law that the lienor commence an action to foreclose its lien or show cause why the lien should not be canceled and vacated. When the lienor failed to respond within the time frame set forth in the statute, Mr. Landau commenced a special proceeding to cancel the lien pursuant to Lien Law § 19(4).

[Read in full]

Matter of Imperato, 149 A.D.3d 1072 (2d Dep’t 2017)

James K. Landau

Appellate Practice – Surrogate’s Court Litigation – Property Turnover Proceedings – Statutes of Limitations

Our firm’s Surrogate’s Court Litigation group represents both fiduciaries and beneficiaries in Property Turnover Proceedings, and statutes of limitations issues frequently arise in such cases. Here, James K. Landau, who is also a member of our Appellate Practice and Commercial Litigation  groups, convinced the Appellate Division, Second Department, to reverse the Surrogate’s Court order that had granted the executor’s motion for summary judgment against Mr. Landau’s client in an action alleging conversion, fraud, breach of fiduciary duty and the imposition of a constructive trust and denied Mr. Landau’s client’s cross-motion for summary judgment dismissing the petition. In reversing, the Second Department agreed with Mr. Landau’s argument that petitioner had failed to meet her prima facie burden of establishing her entitlement to judgment as a matter of law on the causes of action alleging fraud, breach of fiduciary duty and seeking the imposition of a constructive trust. The Second Department also agreed with Mr. Landau’s argument that his client’s cross-motion to dismiss the conversion cause of action in the petition should have been granted because it was not commenced within three years of the alleged conversion.

[Read in full]
Presenter Description Organization Date
James K. Landau

Attorneys in Social Media

Practicing Law Institute

03/13/2020
James K. Landau

Litigation Trends in the Cannabis Industry

Westchester Black Bar Association

02/28/2020
James K. Landau

Budding Cannabis and CBD Litigation: Are You Ready for the Green Wave Heading Towards New York?

Commercial and Federal Litigation Section of the New York State Bar Association

01/29/2020
James K. Landau

The Developing Commercial Cannabis Case Law

Committee on Cannabis Law of the New York State Bar Association

01/28/2020
Douglas S. Trokie, James K. Landau

Impending Legalization of Cannabis, the Buzzz for Business

Westchester County Bar Association

11/20/2019
James K. Landau

Adult-Use Legalization of Cannabis in New York

Port Chester/Rye Bar Association

09/18/2019
Douglas S. Trokie, James K. Landau

Impending Legalization of Cannabis 2019: The Buzzz for Businesses

FPA Greater Hudson Valley Chapter, Westchester County Bar Association and Westchester Chapter of the New York State Society of CPAs

06/18/2019
James K. Landau

Impending Legalization – Hot Topics in Cannabis Law

Celesq and West LegalEdcenter

05/08/2019
James K. Landau

Impending Legalization – Hot Topics in Cannabis Law

Cannibas Law Committee of the Westchester County Bar Association

04/11/2019
James K. Landau

Ethics in Social Media 2019

Practicing Law Institute

03/15/2019
James K. Landau

What’s New in the Second Department

Westchester County Bar Association

10/16/2018