Fishkin Lucks prevailed today in the Supreme Court of New York (New York County, Comm. Div.) (Oing, J.) on a motion to dismiss ten claims asserted against the Firm’s clients, an international telecommunications company and its individual members, brought by one of the company’s former members. Following extensive briefing and a lengthy hearing, the Court dismissed Plaintiff’s derivative action, along with his direct claims for breach of the parties’ operating agreement, breach of the covenant of good faith and fair dealing, conversion, civil conspiracy, breach of fiduciary duty, and corporate waste and mismanagement, as well as Plaintiff’s equitable claims seeking an accounting, appointment of a receiver, and judicial dissolution.
