Vincent is a partner in the Firm’s New York office with over 15 years’ experience litigating a wide range of commercial, regulatory and intellectual property matters in New York federal and state courts and throughout the United States.
Vincent specializes in complex federal civil and criminal litigation with expertise in commercial contract disputes, intellectual property disputes, including trademark and copyright infringement actions, trade secret and unfair competition, business tort, defamation, employment disputes, white collar, regulatory and civil fraud defense and prosecution, and U.S. government and corporate investigations. His work covers a wide range of industries including technology, pharmaceuticals, arts and entertainment, telecoms, and banking and finance, representing entrepreneurs and domestic and international corporate entities. Vincent has experience in all phases of civil and criminal litigation, including trial and appellate experience, and in complex corporate internal investigations.
The following are examples of representative matters Mr. Filardo has worked on as lead attorney or senior member of a trial or investigatory team:
INTELLECTUAL PROPERTY / ANTI - COUNTERFEITING
- Representation of a Japanese asset management firm as defendant in a breach of contract, trademark infringement, unfair competition, and misappropriation action in the U.S. District Court for the Northern District of Illinois. The case settled on terms favorable to the client before trial and after all but one claim was dismissed on summary judgment.
- Representation of a market-leading international swimsuit designer in connection with EU and AU design registration and U.S. unfair competition claims against counterfeiting competitors. All matters are ongoing.
- Representation of an international natural resources company in a federal trademark infringement and unfair competition action resulting from an international investment banking network’s use of their mark and alleged association with the company. At the close of discovery, the action settled on terms highly favorable to the client.
- Representation of a digital music company and its two principals in damages proceedings adverse to Capital Records. The case was settled prior to trial on terms favorable to the client.
- Representation of two global pharmaceutical companies in an action for restitution from an international pharmaceutical counterfeiter. At the conclusion of proceedings, the clients were awarded a substantial sum in restitution.
- 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. The case settled on terms favorable to the client.
- Representation of a boutique manufacturer of luxury apparel and accessories in a trademark infringement and unfair competition action against Nike, Inc. After preliminary injunctive practice, the matter was settled on terms favorable to client.
- Representation of a digital animation, advertising and entertainment company in a multi-district patent infringement action against multiple video game industry publishers and developers. Matter is ongoing.
- Representation of an electronic trading strategies company in connection with a dispute over intellectual property with a former market research collaborator. The matter settled on terms favorable to the client.
- Served 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 was against Google, Inc., challenging its various programs for digitizing printed matter in all forms that includes the work of the artists in the class. The case settled on terms favorable to the plaintiffs.
- Counsel to an online publishing conglomerate advising on various copyright, First Amendment, and defamation issues.
- Counsel to an international art gallery and dealer, advising on various intellectual property and business issues.
- Representation of a renowned documentary filmmaker and production company in a copyright dispute with Public Broadcasting Service (PBS). The matter was settled on terms favorable to the client.
- 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 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 Moroccan fine artist in an action against her former art promoter for copyright infringement and misappropriation of 24 paintings exhibited at the Smithsonian Institute in Washington, D.C. At the conclusion of the proceedings, the paintings were returned to the artist along with a substantial payment sufficient to reimburse her for two paintings sold to private buyers without her consent.
- Representation of a nationally-renowned U.S. 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 terms favorable 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 a world-renowned portrait and figurative artist in an action for copyright infringement by a large California-based entertainment purveyor. The matter settled on terms favorable to the artist, including a substantial cash payment and injunctive relief.
- Representation of a world-renowned portrait and figurative artist in an action for copyright infringement by a Sweden-based apparel manufacturer. The matter settled on terms favorable to the artist, including a substantial cash payment and injunctive relief.
- Mr. Filardo’s other intellectual property-related experience includes numerous representations of corporate entities and individuals as both plaintiffs and defendants in matters concerning the Trademark Counterfeiting Act, Lanham Act, Computer Fraud and Abuse Act, misappropriation of trade secrets, theft of confidential electronic information, and trademark, copyright, and patent infringement.
COMMERCIAL LITIGATION / FRAUD / REPUTATIONAL DEFENSE
- Representation of a women’s fashion company as creditor and defendant to claims in an action by a bankruptcy estate seeking to avoid payments of amounts due for goods sold. Matter is ongoing.
- Representation of an investment manager and consultant in SEC whistleblower proceedings. Matter is ongoing.
- Representation of an online publisher, author and affiliate companies as defendants in a civil action alleging defamation in connection with a digital news story concerning the Florida reinsurance industry. Matter is ongoing.
- Representation of an international fine wine distributor as defendant in a civil action alleging counterfeiting and conspiracy to sell counterfeit rare and fine wines with the notorious wine counterfeiter Rudy Kurniawan. After discovery, the case settled on terms favorable to the client.
- Representation of an international natural resources conglomerate and its director as defendants in a civil action alleging violations of the federal Racketeering Influenced and Corrupt Organizations (RICO) Act based upon Foreign Corrupt Practices Act (FCPA) predicate acts. All claims against the clients were dismissed by the presiding district court judge.
- Representation of an international asset holding and management company as secured creditor and defendant to counterclaims in an action to recover security from the bankruptcy estate of an international automobile parts manufacturer. The case settled on terms favorable to the client.
- Representation of a digital media company and its principal as defendants in a civil action alleging defamation and conspiracy in connection with the publication of digital news stories concerning the purported murder of a foreign political figure’s alleged mistress. All claims against the clients were dismissed by the presiding district court judge.
- Representation of an undisclosed client in an action opposing Comcast Corporation’s and Comcast Cable Communications, LLC’s application to release the client’s confidential and proprietary information. D.C. District Court ruled in the client’s favor, vacating its own order and refusing to allow disclosure pursuant to 28 U.S.C. §1782.
- Representation of an intellectual property asset acquisition company as defendant in a multi-million dollar breach of contract action with its joint venture consultant. The case settled on terms favorable to the client prior to the final arbitration hearing.
- Representation of an international commercial production company and its U.S. subsidiary in a dispute with a former General Manager concerning contractual rights to the company’s project directors. The case filed in Manhattan Federal District Court was settled on terms favorable to the clients.
- Representation of a renowned medical and research doctor as defendant in a civil action alleging violations of the federal RICO Statute brought by GEICO Insurance Co. All claims against the client were dismissed voluntarily by GEICO.
- Representation of former majority shareholders in Empire Resorts, Inc. for breach of contract. At the close of dispositive motion practice, the action settled in favor of the clients at mediation for an amount closely approximating the tens of millions of dollars in damages sought by them in their Complaint.
- Representation of a global seafood producer/distributor defending against over $11 million in breach of contract and fraud claims in arbitration commenced by its former investment banking services firm. At the close of a 5-day final arbitration hearing on the claims, the arbitration panel ruled in favor of the client, finding no liability whatsoever on any claim.
- Representation of an electronics technology concern in connection with the breach of a non-disclosure agreement and trade secret violations alleged against a Japanese memory and processing chip manufacturer. At close of trial on the action, the client received a jury verdict in its favor awarding damages in excess of $120 million.
- Representation of a 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 Tokyo-based private equity firm in commercial litigation against a 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 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 the defendant, including the Maryland MDL, were dismissed on pre-trial motions.
- 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 in its entirety on a motion to dismiss and affirmed by the 4th Circuit.
- Representation of the 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 proceeding in the U.S. The case settled on terms favorable to the client.
- 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 terms favorable to the agency, was entered.
- Member of the litigation team representing a national political party and United States presidential candidate concerning vote recount irregularities, including the so-called “hanging chad” controversy, in the 2000 U.S. presidential election.
- Mr. Filardo’s other commercial litigation and civil fraud-related experience includes numerous representations of corporate entities and individuals as both plaintiffs and defendants in matters concerning breach of contract, fraudulent inducement and misrepresentation, business torts, employment disputes and counseling, corporate malfeasance, misappropriation of trade secrets and other assets, unfair competition, defamation, right to publicity, and the federal Securities Acts.
CORPORATE INVESTIGATIONS / WHITE COLLAR / REGULATORY DEFENSE
- Representation of a nationally renowned sports licensing and apparel company and its principal as 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 (RICO) Act based upon Foreign Corrupt Practices Act (FCPA) predicate acts, and a 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 the defendant paying any funds to the plaintiff.
- Representation of the former CEO of a French energy conglomerate in connection with a federal 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 large U.S. and international financial conglomerate in connection with a nationwide federal False Claims Act and California state False Claims Act investigations, a related civil qui tam action, and related arbitration. At the conclusion of the investigation, all charges were resolved favorably to the client.
- Representation of a high-profile Texas entrepreneur in connection with an internal corporate investigation concerning management misconduct in his majority-owned boutique electronics manufacturing concern. At the close of the investigation, the then-CEO admitted wrongdoing and assisted in identification of co-conspirators resulting in settlement and substantial restitution.
- 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 entities and individuals related to Nazi war crimes, and (iii) a banking concern’s employee violation of the Bank Secrecy Act on behalf of a publicly known client.
- 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 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.
- 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.
- Mr. Filardo’s other investigation and white collar criminal defense-related experience includes numerous representations concerning the Foreign Corrupt Practices Act, Trademark Counterfeiting Act, Trading with the Enemy Act, Bank Secrecy Act, federal Securities Acts, Internal Revenue Service Act, False Claims Act, Computer Fraud and Abuse Act, federal and state bribery and commercial bribery statutes, and representations concerning SEC civil and criminal enforcement actions.
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.
- 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
- All Trial and Appellate Courts in the State of New York
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of New York
- United States Bankruptcy Court for the Southern District of New York
- United States Court of Appeals for the Second Circuit
- United States Court of Appeals for the Fifth Circuit
- United States Court of Appeals, D.C. Circuit