Robert S. Powers
Commercial Litigation; Appellate Practice; Bankruptcy; Real Estate; Real Estate Contracts; Real Estate Litigation; Real Estate Foreclosure; Construction Law; Construction Labor Law; Construction Litigation; Construction Insurance; Commercial Law; Commercial Torts; Complex Commercial Litigation; Labor and Employment; Age Discrimination in Employment; Confidentiality Agreements; Employee Rights; Employer Liability; Alternative Dispute Resolution; Arbitration; Trade Secrets; Theft of Trade Secrets; Trade Secret Misappropriation; Telecommunications Law; Contracts; Foreclosures; Bankruptcy Litigation; Commercial Real Estate Litigation; Restrictive Covenants; Shareholder Agreements; Shareholder Disputes; Shareholder Rights
Admitted: 1981, New York; 1982, U.S. District Court, Southern and Eastern Districts of New York
Law School: Boston University, J.D., cum laude, 1980
College: Clark University, B.A., magna cum laude, 1975
Biography: Phi Beta Kappa.
Born: Providence, Rhode Island, November 12, 1953
Cases: Successfully litigated through multiple appeals issues involving guarantor liability and exculpation clauses, election of remedies and an attempt by a purchaser to cancel based upon environmental conditions. See MBL Life Assur. Co. v. 555 Realty Co., 251 A.D.2d 557 (2d Dep’t 1998); 240 A.D.2d 377 (2d Dep’t 1997); 240 A.D. 2d 375 (2d Dep’t 1997); successfully recovered down payments in aborted condominium purchases. See Karan v. Sutton East Assoc.- No. 88, 256 A.D.2d 29 (1st Dep’t 1998); litigated the rights if a seller of real estate to recover the contract deposit as well as other damages. See Almima Partners v. Gherardi, 177 A.D.2d 611 (2d Dep’t 1991); Successful appeal of the County of Suffolk in connection with its attempted purchase of Robins Island. See In re Southold Development Corp., 134 B.R. 705 (E.D.N.Y. 1991); Successfully struck down a $1 per month fee on paging units in the State of New York. See Radio Common Carriers of New York v. State, 158 Misc.2d 695 (N.Y. Sup. Ct. 1993); Handled a complex Public Service Commission proceeding involving to provision of computerized answering service equipment. See AUTOTAS Investigation, Opinion 86-3, 86-3(A) and 86-3(B), and related state court litigation in which a jury found New York Telephone Company guilty of fraud and gross negligence; Successfully argued lost profit damages claim on an arbitration matter before the AAA resulting in a $29 million award. Prior to the arbitration, the Sixth Circuit affirmed the broad powers of the arbitrators to enforce an agreement to arbitrate. See Island Creek Coal Co. v. City of Gainesville, 764 F.2d 437 (6th Cir. 1995).