Stephen has a broad complex commercial litigation, business counseling, and corporate transactional practice. He serves as outside general counsel to companies in a wide variety of industries.
A veteran litigator and courtroom lawyer, Stephen has litigated significant cases on behalf of his corporate and individual clients in federal and state courts throughout the United States. He handles bench and jury trials and is also an accomplished appellate attorney. He also represents his clients in arbitrations, mediation and administrative proceedings before government agencies.
Stephen’s practice spans industries. He has broad experience in a wide variety of matters, including private company disputes and “business divorces;” unfair competition, fraud and business torts; restrictive covenant and employment disputes; claims involving corporate governance, officers and directors; publicly traded and privately sold securities; financial instruments and banking issues; real estate and construction projects; and breach of contract disputes of all types.
Stephen also handles corporate transactional matters for his private company and entrepreneur clients, including their formations, mergers, acquisitions, and other contracts. He negotiates on the behalf of his clients, drafts their agreements, and advises on issues arising in connection with their day-to-day operations.
Stephen is known by his clients and peers for his practical mindset and creativity. 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.
Outside his legal practice, Stephen is a sought-after author, speaker, and educator. He regularly publishes on legal and business-related subjects in journals nationwide. He also presents continuing legal education courses to fellow attorneys, business owners and executives. He serves in multiple leadership roles in both the American Bar Association and New York State Bar Association.
Stephen is also active in nonprofit and civic work. He is a director of and outside general counsel to a New York non-profit and involved both in national and local organizations.
EDUCATION
- Columbia Law School
Juris Doctor, 1993
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- 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
- Member, National Conference of Lawyers and Certified Public Accountants
- 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
- Fellow
Honors
- AV® Preeminent™ rated by Martindale-Hubbell
- Theodore Roosevelt American Inn of Court, Member
Bar & Court Admissions
- New York
- U.S. District Courts for the Southern and Eastern Districts of New York; District of New Jersey; U.S. Court of Appeals for the Second, Third and Eighth Circuits
Representative Matters
- Lead attorney for food company client in joint venture with celebrity music artist; negotiated joint venture, licensing, and other intellectual property agreements.
- Corporate counsel to venerated Manhattan restaurant and owner.
- Handled acquisition of New York tax-preparation firm.
- Supervised corporate governance and related employment matters for material engineering company.
- Prosecuted New Jersey state court direct and derivative action against multi-state office equipment company for wrongful termination, breach of fiduciary duties, and failure to purchase interests of client. Achieved successful settlement on eve of trial.
- Defended national multi-member limited liability company in airport retail industry against New York litigation alleging self-dealing by managing members. Obtained favorable negotiated dismissal.
- Handled majority shareholder’s purchase of minority interests in engineering company and related employment contracts.
- Prosecuted federal litigation and arbitration on behalf of industry-leading security company against former executive for trade secret breaches and other wrongful conduct. Coordinated defense of action against company and Board. Achieved global resolution.
- As co-trial counsel, obtained judgment in favor of fifth largest bank in China in fraudulent conveyance action, after borrower’s default on a $5 million loan.
- Obtained summary judgment on behalf of Native American tribe, awarding tribe use of property within New York state municipality’s boundaries.
- As second chair in week-long trial, obtained defense jury verdict in negligence action against international resort company.
Awards and Honors
- AV® Preeminent™ rated by Martindale-Hubbell
- New York Super Lawyers® (2022)
- Theodore Roosevelt American Inn of Court, Member
Publications
- “Ten Tips to Writing Effectively as Litigators (Part 1) published by the ABA, authored by Partner, Stephen Brodsky. read more
- “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
Speaking Engagements
- “Post-Closing Issues: Integration & Potential Buyer/Seller Disputes,” – Panelist and Faculty member, Webinar co-produced by Financial Poise and WestLegal Ed – November 17, 2022
- “Enforcement, Post Judgement, Proceedings and Collections,” Panelist and Faculty member, Webinar co-produced by Financial Poise and WestLegal Ed – November 8, 2022
- “Resolving Shareholder Disputes,“ Panelist and Faculty member, Webinar co-produced by Financial Poise and WestLegal Ed – June 16, 2022
- 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
Community Affiliations
Stephen is a Board member of and outside General 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.