Mr. Filardo is a partner in our Commercial Litigation, White Collar & Corporate Investigations, Fraud, and Intellectual Property Litigation Practice Groups in the Firm's New York office.

Mr. Filardo specializes in complex federal civil and criminal litigation with expertise in commercial contract disputes, business tort and unfair competition, white collar and civil fraud defense and prosecution, U.S. government and corporate investigations, securities regulation, and intellectual property disputes, including trademark and copyright infringement actions.  His work covers a wide range of industries including banking and finance, technology, telecoms, real estate, and arts and entertainment, representing entrepreneurs and domestic and international corporate entities.  Mr. Filardo has experience in all phases of civil and criminal litigation, including trial and appellate experience, and in complex corporate internal investigations.

Education

J.D., Benjamin N. Cardozo School of Law, magna cum laude
Cardozo Law Review
Order of the Coif
M.A., Montclair State University
B.S., Lafayette College

Admissions

All Trial and Appellate Courts in the State of New York

United States District Court for the Southern District of New York

United States Court of Appeals for the Second Circuit

United States Court of Appeals for the Fourth Circuit

Articles and Publications

When is a Favor a Felony? The Foreign Corrupt Practices Act And Commercial Bribery Law In New York And California.

Fee Dispute Resolution Under Part 137 Of The Rules Of The Chief Administrator Of The New York Courts.

The New York State False Claims Act: A Bonanza for Private Litigants; A Nightmare for State and Local Governments Vendors (pub. pending).

U.S. Government Reporting Requirements For Retail Transactions.

Whistleblowers That Report Tax Evasion Will Now Be Protected And Paid To Tattle.
 

Key Experience

The following are examples of representative matters Mr. Filardo has worked on as lead attorney or senior member of the trial and investigatory team assigned to the matter:

Serving as lead counsel to a class of visual artists (including photographers and illustrators) in prosecuting the largest copyright infringement class action ever filed. This case is against Google, Inc. challenging its various programs for digitizing printed matter in all forms that includes the work of the artists in the class. ASMP, Inc. et al. v. Google, Inc.

Representing an international natural resources company in a federal trademark infringement and unfair competition action resulting from an international investment banking network's use of the mark and alleged association with the company. Oceanfresh Seafoods / Lonrho / Geoffrey White v. Starlight Investments.

Representation of Tokyo based private equity firm in commercial litigation against Lehman Brothers affiliate. Despite Lehman Brothers then-pending bankruptcy, and defendant's assertions of immunities in light of that proceeding, the action was successfully concluded with payment by defendant of the outstanding owed amounts.

Representation of U.S. Solar Energy Company in connection with an investigation of naked-short selling and market manipulations of its stock. At the conclusion of the investigation, a short selling squeeze was facilitated resulting in forced buy-ins which enabled the stock price to rebound to its former pre-shorting levels.

Representation of a large U.S. and international financial conglomerate in connection with a nationwide federal False Claims Act and California state False Claims Act investigations, related civil qui tam action, and related arbitration.

Representation of satellite communications company in an action against General Dynamics Corp. for breach of satellite system construction agreements and strategic equity partnership agreements. The trial in the action resulted in a jury verdict in favor of the client in the amount of $159,900,000.

Representation of a leading U.S. and international business-to-business distributor of industrial and commercial goods in connection with a New York City Health and Hospitals Corporation Investigator General inquiry into allegations of bribery and receipt of improper benefits and gratuities by hospital administration personnel. At the conclusion of the investigation, the NYC IG recommended against prosecuting the client on an investigative finding of no wrongdoing, and further found that no additional cooperation was necessary from the Client.

Representation of a renowned U.K. based manager of successful international mutual funds as a defendant in multiple civil actions, including a Maryland federal MDL litigation, and related SEC and Massachusetts Attorney General enforcement actions brought in connection with alleged violations of the federal Investment Advisors Act and Massachusetts security laws. After vigorous litigation, on the eve of trial, the SEC abandoned its previously entrenched position seeking a 4-year ban from the industry plus a substantial fine, and settled instead for a 12-month suspension, with automatic reinstatement, plus a substantially smaller fine, a portion of which was paid to the Massachusetts AG in return for its full compromise and settlement of all claims. The private civil actions against defendant, including the Maryland MDL, were dismissed on pre-trial motions.

Representation of the former CEO of a French energy conglomerate in connection with a federal Foreign Corrupt Practices Act (FCPA) investigation into the alleged payment of bribes to Nigerian government officials by a consortium of foreign and U.S. based energy and oil companies. The inquiry was concluded with no action against the client.

Representation of a nationally renowned sports licensing and apparel company and its principal as a defendant in a civil action alleging violations of New York's and New Jersey's commercial bribery statutes and the federal Racketeering Influenced and Corrupt Organizations Act (RICO), and related federal criminal investigation. The RICO criminal investigation resulted in a finding of no criminal wrongdoing and was closed without further action, and the civil action was settled prior to trial without defendant paying any funds to plaintiff.

Representation of a U.S. publicly held prosthetics company, as defendant in a class-action suit alleging violations of federal securities laws. The action was dismissed against Hangar in its entirety on a motion to dismiss and affirmed by the 4th Circuit.

Representation of former Head of the Department of Neurology at a prominent medical school and teaching hospital in Texas, in an action against the hospital for wrongful and retaliatory discharge. Prior to the conclusion of the matter, the hospital agreed to a handsome structured settlement with the client.

Representation of an Egyptian corporate entity and individual in connection with a London Court of International Arbitration (LCIA) proceeding and related enforcement proceedings in the U.S.

Representation of a nationwide advertising marketing company in an action against a competitor for copyright infringement, violation of Section 34A of the Lanham Act, and violation of New York Unfair Competition Laws. The competitor defendant settled all claims on favorable terms with the client.

Representation of a U.S. men's fashion designer and distributor in a series of actions against its Italian manufacturer, its related entities, and their U.S. distributor, alleging claims of trademark infringement and unfair competition. The actions resulted in trial verdicts in favor of the client with damages in excess of $1.5 million.

Representation of one of the largest U.S. providers of online anti-piracy software in an action brought in the Northern District of California for alleged violations of the Digital Millennium Copyright Act (DMCA). This action, and its related actions in the District of Columbia, were among the first cases brought under the DMCA.

Representation of a leading U.S. east coast real estate title agency as Claimant in a dispute between the agency and the estate of a deceased shareholder concerning the interpretation and enforcement of a Shareholder's Agreement. After a 6-day arbitration hearing before a 3 arbitrator panel of the AAA, judgment granting all claims alleged by the agency, including enforcing the Shareholder's Agreement on favorable terms to the agency, was entered.

Representation of a nationwide wireless broadband Internet Service Provider (ISP) as Plaintiff in connection with an investigation and related John Doe action alleging claims under the Computer Fraud & Abuse Act (18 USC 1030) and for theft of trade secret concerning an unidentified individual's unauthorized access to company Emails and other electronic documentation. At the conclusion of the investigation, the individual was identified as a former employee who admitted access, explained how he gained access to the company's electronic databases, and admitted liability under the claims. The action was settled under terms mutually acceptable to all parties.

Representation of a social network producer in connection with an investigation and related John Doe action alleging claims under the Computer Fraud & Abuse Act (18 USC 1030) and for theft of trade secrets based upon an unidentified individual's unauthorized access to company Emails and other electronic documentation. At the conclusion of the proceedings the entity responsible for the break-in and improper contact was identified and compelled to cease its malfeasance.

Representation of a pharmaceutical importer/exporter and its principal in an action brought by a U.S. pharmaceutical conglomerate alleging violations of the U.S. Trademark Anti-Counterfeiting Act and seeking expedited discovery, a freeze order, and assets seizure and forfeiture.

Representation of a Morrocan fine artist in an action against her former art promotor for misappropriation of 24 paintings exhibited at the Smithsonian Institute, Washington, D.C. At the conclusion of the proceedings, the paintings were returned to the Artist along with payment sufficient to reimburse her for two paintings sold to private buyers without her consent.

Representation of a U.S. nationally renowned Mezotint artist in an action against one of the largest real estate brokerage firms in Manhattan for copyright infringement of his well known work. The matter settled on favorable terms to the Artist, including a substantial cash payment.

Representation of an award winning NYC urban documentarian in an action against a large cable television network for copyright infringement of his video footage covering an infamous NYC motorcycle club. The television network settled with a substantial cash payment to the client.

Representation of U.S. defendants in high profile investigations concerning (i) a New York City university and alleged shakedowns of on-campus students and racketeering by university employees, (ii) an international banking conglomerate's alleged business association with Nazi war crimes figures, and (iii) a banking concern's employee violation of the Bank Secrecy Act on behalf of a publicly known client.

Mr. Filardo's other investigation and defense related experience includes numerous representations concerning the FCPA, Trading with the Enemy Act, Bank Secrecy Act, Federal Securities Acts, Internal Revenue Service Act, False Claims Act, Trademark Counterfeiting Act, federal and state bribery and commercial bribery statutes, representations concerning SEC civil and criminal enforcement actions, and was a member of a trial team representing the CEO of an Arizona health services corporation, as a co-defendant with multiple reputed members of the New York underworld in a federal criminal racketeering trial in the Southern District of New York.