Stephen has a broad complex commercial litigation and business counseling practice. He litigates on behalf of his corporate and individual clients, resolves their disputes through direct negotiations, represents them in connection with their transactions and provides ongoing counsel in connection with their business dealings. Stephen also serves as outside General Counsel to several companies in various industries.
Stephen’s practice spans industries. He handles matters involving among other things, private company disputes and “business divorces”; unfair competition, fraud and business torts; restrictive covenant and employment disputes; claims involving corporate officers and directors; publicly traded and privately offered securities; financial instruments, and banking matters; real estate disputes; public and private construction projects, and contract disputes of all types.
Over his career, Stephen has litigated significant cases in federal and state courts throughout the United States. He has argued at the trial and appellate levels and served as trial counsel in both bench and jury trials. He also represents his clients in arbitrations, mediation and administrative proceeding before government agencies. He is rated AV® Preeminent™ by Martindale – Hubbell and is a member of the Theodore Roosevelt Inn of Court, a society of attorneys, law professors and judges in New York.
For his corporate practice, Stephen represents his clients in connection with their company formations, acquisitions, sales and other transactions, and concerning matters that arise in business operations.
Stephen is active outside his legal practice. He regularly writes and publishes on legal and business-related subjects in journals nationwide. Stephen also teaches continuing legal education courses to other attorneys and presents to business owners and executives. He serves in several leadership roles with the American Bar Association and New York State Bar Association. Finally, Stephen is active in nonprofit and civic work. He is a Board member and of Counsel to a New York non-profit and active in national and local organizations.
For most of his career prior to joining the firm, Stephen practiced in the New York offices of national and international firms.
- Columbia Law School
Juris Doctor, 1993
- Harlan Fiske Stone Scholar
- Journal of Law and Social Problems
- University of Pennsylvania
B.A., Philosophy, 1989, summa cum laude, Phi Beta Kappa
Activities & Affiliations
- American Bar Association
- Co-Chair, Securities Litigation Subcommittee
- Practice Points Editor, Commercial & Business Litigation Committee
- Co-Chair, Alternative Dispute Resolution Subcommittee (2018-2019)
- New York State Bar Association
- Co-Chair, Corporate Counsel Litigation Committee
- Chair, Business Organizations Law Committee
- Member, NYSBA Task Force on COVID-19 Immunity and Liability (Oct. 2020 – May 2022)
- Co-Chair, Committee on Federal Judiciary ( Jan. 2019 – May. 2022)
- Financial Poise
- Faculty Member
- The New York Bar Foundation
- AV® Preeminent™ rated by Martindale-Hubbell
- Theodore Roosevelt American Inn of Court, Member
Bar & Court Admissions
- New York
- U.S. Court of Appeals for the Second, Third and Eighth Circuits; U.S. District Courts for the Southern and Eastern Districts of New York
- Ackerson Builders LLC v. Vol S. Davis III and James R. Corbett, Jr., N.Y. Misc. LEXIS 3206 (N.Y. Sup. Ct., Suffolk County Mar. 23, 2021) (secured full dismissal of complaint in dispute involving general contractor’s negligent home improvement services at clients’ Southampton estate).
- Donaldson Interiors, Inc. v. F.J. Sciame Constr. Co., Inc., et al., 188 A.D.3d 816, 136 N.Y.S.3d 72 (2d Dept. 2020) (affirming award of $664,462.50 in interest in addition to settlement amount).
- H. Stern Jewelers, Inc. v. International Shoppes, LLC, N.Y. Sup. Ct., Nassau County, Index No. 602188/2020 (Destefano, J.) (successfully defended multi-member limited liability company in special proceeding by one of its members; obtained favorable resolution for client).
- Wilmington Trust Company, as Indenture Trustee and Institutional Trustee v. Florida First City Banks, Inc., 1:19-CV-088443-VM (S.D.N.Y.) (defended bank holding company in litigation seeking over $7 million in damages for alleged default on debentures issued by company).
- Professional Security Broadband, Inc. v. D. Brent Franklin, 2:16-CV-02488-FB-GRB (E.D.N.Y.) (successfully represented industry-leading company in a federal litigation and related arbitration concerning breaches by former officer and shareholder; coordinated defense of related state court action by former officer against the company and Board.
- Cityfront Hotel Assocs. LP v. Maya Systems, LLC d/b/a Benchmark Furniture Mfg., 1:16-CV-02488-CBA-RLM (E.D.N.Y.) and Maya Systems, LLC, d/b/a Benchmark Furniture. Mfg. v. THR 43 Land LLC, et al., N.Y. Sup. Ct., N.Y. County, Index No. 651670/2014 (successfully defended national furniture manufacturing company in related federal and state litigations alleging defective manufacturing claims; co-hearing counsel for week-long private arbitration).
- In re Kleinberg Electric, Inc., N.Y. State Dept. of Economic Development (Final Order 18-15) (obtained reversal of denial of NYS Woman Business Enterprise (WBE) certification for national electrical company; lead appellate brief writer).
- Bonadio v. Bonadio, N.Y. Sup. Ct., Queens County, Index No. 710368/2016 (Caloras, J.) (summary judgment in real property dispute, awarding declaration of easement and dismissal of all counterclaims).
- Bank of Communications, New York Branch v. Ocean Development America, Inc., et al., 1:07-CV-04628-TPG (S.D.N.Y.) (awarding judgment in favor of fifth largest bank in China in fraudulent conveyance action after borrower’s default on a $5 million loan; co-trial counsel for bank).
- Chen v. Sun, et al., 1:13-CV-00280-ALC-KNF, 2016 WL 270869 (S.D.N.Y Jan. 21, 2016) (dismissing plaintiff’s foreign money judgment enforcement action).
- 70 West 45th Street Holding v. Waterscape Resort, LLC, N.Y. Sup. Ct., N.Y. County, Index No. 651670/2014 (Kornreich, J.) (secured release of $500,000 escrow guaranty payment due to defendant’s failures in connection with the development of a celebrity chef affiliated Manhattan restaurant).
- Waterscape Resort LLC v. 70 West 45th Street LLC, et al., N.Y. Sup. Ct., N.Y. County, Index No. 652124/2014) (Scarpulla, J.) (denying preliminary injunction in action alleging that client infringed and misused hotel trademark and tradename).
- PCCP Capital II, LLC v. HNA Property Holdings LLC, N.Y. Sup. Ct., N.Y. County, Index No. 615808/2013 (Ramos, J.) (denying summary judgment in action seeking payment of an $8.12 million guaranty in connection with New York City development project).
- Cayuga Indian Nation of New York v. Village of Union Springs, et al., 317 F. Supp. 2d 128 (N.D.N.Y. 2004) (granting summary judgment for native American tribe, awarding declaratory judgment allowing the tribe’s use of property within municipalities’ boundaries; co-hearing counsel).
- Dubinsky v. American Arbitration Association, et al.,303 A.D.2d 318, 758 N.Y.S.2d 18 (1st Dept. 2003) (affirming dismissal of breach of contract and tortious interference action against client, the largest insurance company in the U.S.).
- Freeman v. Sandals Resorts, Int’l, Ltd, 3:00-CV-01512 (D. Conn. 2003) (defense jury verdict, after week-long trial, of negligence action against international resort company; second chair for resort at jury trial).
- A&A Assocs. v. Olympic Plumbing & Heating Corp., et. al, 306 A.D.2d 296, 760 N.Y.S.2d 652 (2d Dept. 2003) (affirming summary judgment dismissing unfair competition action against client).
- Brown v. Sandals Resorts, Int’l, Ltd, 284 F.3d 949 (8th Cir. 2002) (upholding jury verdict in favor of defendant international resort company in negligence action).
- Smith v. S&S Dundalk Engineering Works, Ltd., et al.,139 F. Supp. 2d 610 (D. N.J. 2001) (dismissing declaratory judgment coverage action against multi-national insurance company).
- AIU Ins. Co. v. Unicover Managers, Inc., et al., 282 A.D.2d 260, 724 N.Y.S.2d 147 (1st Dept. 2001) (affirming dismissal of reinsurance coverage action against managing general underwriter for pool of reinsurers).
Awards and Honors
- AV® Preeminent™ rated by Martindale-Hubbell
- New York Super Lawyers® (2022)
- Theodore Roosevelt American Inn of Court, Member
- “Fiduciary Duty Claims Involving Investment Advisers and Other Financial Professionals,” authored by Partner, Stephen Brodsky, Chapter of American Bar Association book, entitled, “Litigating Fiduciary Claims” – February 2022 read more
- “Averting a Business Divorce: Lessons from the Pandemic,” published by the ABA on November 9, 2021 article link here
- “Business in a Post-Covid World: Survive and Thrive,” Long Island Business News, November 27, 2020
- ”Cross-Border Arbitration: A Beneficial Alternative To Resolving International Commercial Disputes,” American Arbitration Association, Dispute Resolution Journal, Fall 2020
- “Restrictive Covenants In Employment and Related Contracts: Key Considerations You Should Know,” ABA’s Commercial & Business Litigation Practice Points, February 9, 2019
- “Best Practices When Using Term Sheets, Letters of Intent or Memoranda of Understanding in Commercial Finance Transactions,” TSL Express, October 30, 2018
- “Protecting Venture Capital Firms Against Securities Litigation,” ABA Securities Litigation Journal, August 25, 2018
- “Navigating Federal and State Law in a NY Arbitration,” New York Law Journal, August 3, 2018
- “Enforcing Preliminary Agreements Under New York Federal Law,” New York Law Journal, January 5, 2018
- Podcast appearance with Stephen Brodsky, on “Life Unlimited” with Larry Heller, CFP. Stephen discusses the role of a Fiduciary in the financial services sector. To watch the full episode click here.
- “Lessons Learned Going In-House”, Moderator, Roundtable, American Bar Association (ABA) Webinar (with Jacqueline Lee, GC of the Flynn Group; Nora Puckett, Managing Director of Litigation for Google LLC; and Laura Altieri, Corporate Counsel for Clif Bar and Co.) – January 18, 2022
- Enforcement: Post-Judgment Proceedings and Collections” Panelist and Faculty Member, Financial Poise and West LegalEd – November 2, 2021
- “Thinking Like a Lawyer and a Business Executive” Moderator, Roundtable, American Bar Association (ABA) Webinar (with Wendy Hufford, GC of Chico’s FAS, Inc.; Sheila Murphy, former AGC of MetLife; and Jeremy Reich, GC of Unlimited Technology, Inc.) – October 27, 2021
- “Appellate Practice 101,” Panelist and Faculty Member, Financial Poise and WestLegalEd – October 5, 2021
- “Anatomy Of A Trial,” Panelist and Faculty Member, Financial Poise and WestLegalEd – September 14, 2021
- “When Preliminary Agreements Are Enforceable: Best Practices When Using MOU’s, LOI’s and Term Sheets For Commercial Transactions,” NYSBA CLE Webinar Course Presenter – June 18, 2020
- “Why Exit Planning Is Needed – Lessons From COVID-19:” Webinar Course Presenter – May 21, 2020
- “Taking and Defending ‘Winning’ Depositions: Secrets for Success:” NYSBA CLE Webinar – May 14, 2020
- “Business Disputes in the Time of COVID-19:” Presenter, Accountants Resource Group – April 28, 2020
- “Resolving Shareholder Disputes:” Panelist and Faculty Member, Financial Poise and WestLegalEd – April 1, 2020
- “Arbitration – Best Practices, Hot Topics and Insights from the Panel,” Moderator, Co-Chair of Alternative Dispute Resolution Subcommittee, American Bar Association (Panelists – Hon. Michael H. Dolinger (Ret.), Mr. Theo Cheng and Dr. Patricia D. Galloway) – October 8, 2019
- “Business Succession Planning and Negotiating Agreements for Your Business,” Presented with Blue Ocean Wealth Solutions – June 26, 2019
- “Conducting A Commercial Arbitration In New York: The Interplay of Federal Law, State Law and The Rules of The Arbitration Forum,” CLE Seminar, Nassau County Bar Association – February 28, 2019
- “Restrictive Covenants and Confidentiality Agreements: What They Are and What You Need To Know,” CLE Webinar, The Knowledge Group – September 26, 2018
Stephen is a Board member of and Counsel to Autism Communities, a New York non-profit organization establishing supportive residential housing for adults with autism in the state, with social, educational and employment opportunities. He is also a New York State volunteer Advocacy Ambassador for Autism Speaks. In that role, Stephen works with federal and state government representatives to further Autism Speaks’ policy initiatives and goals.
In the News
- We are proud to announce that Stephen Brodsky, NY Partner, has been appointed by New York State Bar Association President Karson to serve on the NYSBA Task Force on COVID-19 Immunity and Liability.