Commercial Litigation

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1 RELATED PRACTICE AREAS Banking Litigation E-Discovery and Information Technology Energy Litigation Intellectual Property Labor and Employment ATTORNEYS Paul N. Ambrose, Jr. Cynthia A. Augello Raghu N. Bandlamudi Maureen T. Bass Thomas S. Baylis David A. Beatty Anthony S. Bocchi Douglas J. Bohn Cody A. Brittain Christopher Buckey John J. Burbridge Ryan J. Byrnes John P. Campana Richard A. Coppola Andrew Curran John T. Curran John A. Darminio C. Nathan Dee Elio M. Di Berardino Hayley B. Dryer David Edelberg Cecilia Ehresman Daniel S. Eichhorn John J. Fanning Robert F. Fanning Nicholas J. Faso Michael Feltman Gerard Fishberg Commercial Litigation Cullen and Dykman LLP has established itself as a leading commercial litigation firm. Few, if any, firms the size of Cullen and Dykman offer the breadth and depth of experience in commercial litigation matters that we do. Our attorneys represent clients in a wide variety of areas including loan defaults, employment litigation matters, real estate, land use and zoning disputes, restrictive covenant actions, civil rights claims, construction disputes, breach of contract claims and energy and utility related litigation to name a few. Venues Our attorneys regularly appear in the state courts in the five counties of New York City, Nassau, Suffolk, Westchester, Rockland, Orange and Putnam counties as well as the federal courts of the Eastern and Southern Districts of New York. We also appear in courts in upstate New York and New Jersey as well as other jurisdictions from Texas to Maine. We are frequently brought in by our clients as trial counsel on high profile and high exposure cases. We also routinely represent clients in arbitration proceedings and mediations. In addition to our extensive experience at the trial court level, our Commercial Litigation Department handles appeals in the state and federal courts both on matters we have handled from inception as well as on matters where the client retains us specifically to handle the appeal. We represent clients in the mediation disputes as well as at arbitration. Client Base Our clients are as diverse as our areas of practice. They include banks, private lenders, utilities, telecommunications companies, construction companies, publicly traded corporations, closely held companies, individuals and estates. All commercial litigation matters are assigned to a partner. That partner, working with one or more associates as the matter requires, is actively involved in the case and is available to answer any questions

2 Joseph Fortunato Edward F. Gentner, Jr. Christopher M. Helsel Benjamin Hochberg Jason E. Kosek David T. Kuk Michael J. Lane Jocelyn E. Lupetin Peter J. Mastaglio Marianne McCarthy Jennifer A. McLaughlin Andrew J. McNally Andrew P. Nitkewicz Cynthia B. Okrent Samit G. Patel Paul Plush Bonnie Pollack Travis Powers Ryan Python Scott E. Rekant Jennessy A. Rivera Ariel E. Ronneburger Christopher Ruggiero Patricia E. Russo-Owen James G. Ryan Scott M. Shapiro Steven Siegel Ryan M. Soebke John E. Sparling Roxanne L. Tashjian Matthew Trauner Elizabeth Usinger Jean-Pierre van Lent Nancy Wann or concerns the client may have. One of the great strengths of Cullen and Dykman is that we have excellent, experienced attorneys in a number of areas in addition to litigation. This allows our Commercial litigation attorneys to consult with attorneys in areas such as banking regulation, energy law, real estate transactions and trust & estates law, to name just a few, in order to provide the best representation for our clients at a reasonable cost. Cost Savings At Cullen and Dykman we are mindful of the cost of litigation and offer flexible and competitive billing rates. We are equipped to provide our clients with bills in the form they require and are familiar with the policies of many legal auditors such as Legalguard and Law Audit Services, with whom we have excellent relationships. Keeping Clients Informed Our attorneys keep abreast of the changes in both the substantive law and procedural rules that affect our clients and their actions. Our attorneys lecture and write articles on such cutting edge topics such as electronic discovery in the federal and state courts and the risks and benefits of using social media in the workplace. As a service to our clients we regularly update them on matters relevant to their business and offer complimentary continuing legal education classes on topics of interest to them. NEWS Cullen and Dykman Welcomes Two New Partners, April 4, 2018 Cynthia Augello Published in the Nassau Lawyer Discussing Split Shifts and On-Call Time, Nassau Lawyer, January 2018 James Ryan Published in Nassau Lawyer Discussing Sexual Orientation Under Title VII, Nassau Lawyer, January 2018 John Sparling Named Turner Construction Company's Lawyer of the Year for 2017, December 21, 2017

3 Thomas B. Wassel Jeffrey A. Zenn Cynthia Augello Quoted in Corporate Counsel on NDAs in Harassment Cases, Corporate Counsel, December 1, 2017 Joseph D. Simon and Elizabeth Murphy to Present at National Webinar on Garnishment Order Compliance for Financial Institutions, November 30, 2017 John Sparling published in New York Law Journal on recent Court of Appeals decision Burlington Ins. v. NYC Transit Auth., New York Law Journal, October 16, 2017 Cynthia Augello Sworn in as President of Eastern District of New York Chapter of the Federal Bar Association, October 6, 2017 Cynthia Augello contributed to an article published by TechInsurance, TechInsurance, September 19, 2017 Giancarlo Stanton Published in USLaw Magazine, July 26, 2017 Thomas Wassel Interviewed for Employment Law Counselor Newsletter on Recovery of Advanced Tuition from Departing Employees, Employment Law Counselor, July 7, 2017 John Sparling Published in "Construction Today", Construction Today, June 21, 2017 Cynthia Augello Quoted in Bloomberg News on Preservation of Mediator Notes, May 19, 2017 Cullen and Dykman Successfully Defends Construction Lender on Appeal, May 11, 2017 James Ryan's Article Quoted in the New York Law Journal Discussing Discovery Sanctions, May 7, 2017 Michael Lane Named 2017 Adjunct Teacher of the Year by Fordham Law School, April 27, 2017 Douglas Bohn Quoted in Law360 Discussing Recent $454M Fraud Verdict In California, April 19, 2017 Cynthia Augello Quoted in Law60 Discussing Ways Employers Can Stop Gender Bias From Infecting Hiring, April 11, 2017

4 James Ryan Published in the New York Law Journal Discussing Federal Discovery Sanctions, March 29, 2017 James Ryan Awarded AV Preeminent Rating by Martindale-Hubbell for 2017, March 13, 2017 Cynthia Augello Quoted in Corporate Counsel Discussing What Employers Should Know With Trump Rolling Back Transgender Rights, February 26, 2017 James Ryan Conducting Mediation Advocacy Training Thursday March 16, 2017, January 25, 2017 Cynthia Augello Published in the Nassau Lawyer Discussing the "BYOD" Workplace, January 12, 2017 Cullen and Dykman Obtains $5.4 Million Award for its Client in an International Arbitration, December 14, Timothy Flanagan Discusses Metro-North Suit with Fox News, December 2, Ariel Ronneburger Presenting Webinar on Best Practices for Avoiding Cybersquatting, November 28, Marianne McCarthy and Samit Patel Discuss Foreclosure Auction Bidding on NYC Real Estate with the New York Post, November 15, Thomas Wassel Discusses Recent NYC Bill Protecting Freelancers' Wages with the New York Law Journal, October 28, Douglas Bohn Discusses FDA Baby Death Warning with Law360, October 21, Thomas Wassel Discusses Non-Compete Clauses with HospitalRecruiting.com, October 21, Cynthia Augello Quoted in Corporate Counsel Discussing Recent McDonald's Settlement, October 20, Damias Wilson Presents Webinar to Nassau County Bar Association on Supreme Court Decision in B&B Hardware v. Hargis Industries, October 19, Cynthia Augello Discusses Recent Uber Ruling with USA Today, October 17, Cynthia Augello Discusses Why Paralegals Should Volunteer for Pro Bono Programs with Paralegal Today, October 11, Cullen and Dykman Successfully Defends Long Island Oral Surgeon Before the New York State Office of Professional Discipline Against Claims by Former Patient, October 3, Karen Levin, Jennifer McLaughlin and Damias Wilson Published in the New Jersey Law Journal Discussing IP Litigation Fee-Shifting, September 29, Thomas B. Wassel Quoted in USA Today Discussing Fox Settling Carlson's Sexual Harassment Lawsuit,

5 September 7, Andrew Nitkewicz Published in Nassau County Dental Society Bulletin Discussing HHS Announcement of Second Phase of HIPPA Audits, September 2, James Ryan Quoted in USA Today College Discussing NLRB Ruling Regarding Unionization of Graduate Students, August 25, Thomas Wassel Quoted in Law360 Discussing Federal Judge's Rejection of Proposed Uber Settlement, August 23, Douglas Bohn Quoted in Legal NewsLine Discussing the Potential Wrongful Death Lawsuit Over Fatal Tesla Accident, July 21, Douglas Bohn Quoted in Law360 Discussing Tips for Aspiring Product Liability Attorneys, June 17, Cynthia Augello Quoted in Law.com Discussing the NLRB's Decision to Drop Control Standard, June 10, Douglas Bohn Quoted In Law360 Discussing Potential Pitfalls For Young Attorneys In Product Liability Actions, June 3, Tom Wassel Quoted Today in Corporate Counsel Discussing Computer and Policies, May 9, Hayley Dryer Speaks to Law360 on What Clients Look for When Choosing a New Firm, Law360, April 5, Elizabeth Aboulafia, Hayley Dryer, and Elizabeth Usinger Honored as Long Island Outstanding Women in Law, April 4, Douglas Bohn Offers Tips for Preparing Witnesses for Trial, Law360, March 12, James Ryan Addresses Paid Sick Leave Issues in SHRM Online, March 3, Cynthia Augello Discusses the Apple Encryption Controversy on EBRU TV, March 1, Thomas Baylis Discusses Indemnification Agreements in Construction Contracts in Long Island Business News, Long Island Business News, February 29, James Ryan Comments on University of Tennessee Title IX Case, February 27, James Ryan Addresses Fair Housing Act Building Compliance Issues in Construction Dive, Construction Dive, February 23, Thomas Wassel Discusses New York State's Paid Family Leave Legislation in Metro New York, Metro New York, February 15,

6 Roxanne Tashjian Addresses Workplace Dating Policies in Corporate Counsel, February 11, James Ryan Quoted on Florida State University Settlement in Jameis Winston Title IX Case, January 26, Douglas Bohn Quoted in Law360 on Supreme Court's Decision on Class Action Suits, Law360, January 21, Douglas Bohn Quoted in Law360 on Consumer Protection Cases to Watch in, Law360, January 6, Ariel Ronneburger Quoted in Law360 on Associates' Secrets of Success, Law360, December 29, 2015 Douglas Bohn Quoted in Corporate Counsel on Uber Class Action Case, December 15, 2015 James Ryan Quoted in Society for Human Resource Management on Order Requiring Federal Contractors to Give Paid Sick Leave, September 10, 2015 James Ryan Quoted in Newsday on Federal Judge's Decision to Overturn Tom Brady's Suspension, September 3, 2015 Thomas Wassel quoted in Corporate Counsel on Target EEOC Settlement, August 27, 2015 Cynthia Augello Quoted on Law360 on AshleyMadison Data Breach, August 20, 2015 Hayley Dryer Quoted in Corporate Counsel on NLRB's Decision Regarding Confidentiality in Workplace Investigations, August 13, 2015 James Ryan Quoted in New York Times on Obama's Draft Executive Order Concerning Paid Sick Leave for Federal Contractors, August 5, 2015 James Ryan Selected as "Top Rated Lawyer" by New York Law Journal and Martindale-Hubbell, New York Law Journal, August 4, 2015 Cynthia Augello Quoted on Cybersecurity Issues and Data Breach, Law360, July 10, 2015 Ariel Ronneburger Quoted in Corporate Counsel on NLRB's Employee Handbook Rulings, Corporate Counsel, June 25, 2015 Hayley Dryer Quoted In USA Today on California Labor Commission's Ruling Involving Uber Employee, June 17, 2015 Cynthia Augello Quoted in Newsday Article on Municipal Cyber-Attack Insurance, Newsday, June 9, 2015 Hayley Dryer Quoted In Corporate Counsel on NLRB's Decision Regarding Employee Dress Codes, June

7 2, 2015 James Ryan Quoted in The Hill on Same-Sex Marriage and Anti-discrimination Laws, May 9, 2015 Douglas Bohn Interviewed by NY1 News on MTA First Amendment Issue, April 28, 2015 Hayley Dryer To Be Given "Rising Leader of the Bar Award" by Young Lawyers' Section of New York County Lawyers' Association, April 28, 2015 Sixteen Cullen and Dykman Attorneys Named to Super Lawyers Lists for 2015, April 28, 2015 James Ryan Quoted In USA Today on Silicon Valley Discrimination Lawsuit, USA Today, March 13, 2015 Cullen and Dykman Prevails on Appeal Resulting in Extinguishment of Life Estate, January 15, 2015 James Ryan Quoted in New York Times on the University of Virginia's Decision to Reinstate Fraternity at Center of Rolling Stone Article, New York Times, January 12, 2015 James Ryan Quoted in New York Times on Jameis Winston Lawsuit, New York Times, January 8, 2015 Cynthia Augello Quoted by New York Daily News on Paternity Leave Issues, New York Daily News, December 5, 2014 Cynthia Augello Named by Long Island Business News as One of its "40 Under 40", Long Island Business News, December 2, 2014 James Ryan Interviewed in USA Today Concerning NFL Concussion Suit Settlement, November 4, 2014 Cynthia Augello Discusses Issues of Campus Sexual Assault in Wall Street Journal, September 10, 2014 James Ryan Quoted by Associated Press on O'Bannon-NCAA Litigation James Ryan, Thomas Wassel and Robert Wakeman Conduct Seminar on "Wage/Hour Issues and Self- Directed Services" for Interagency Council, June 11, 2014 Cynthia Augello Participates in E-Discovery Panel, May 30, 2014 "Like, Retweet or Defriend: Social Media in the Hiring Process", Nassau Lawyer, January 2014 Cullen and Dykman Obtains $ Million Settlement from the State of New York for GII Industries, Inc. f/k/a Grace Industries, Inc., March 6, 2013 ADVISORY Federal Court Kills New Overtime Rules--For Now, November 23, Enforcing Bad Boy Guaranties When the Borrower Files for Bankruptcy Protection, February 11, 2014

James G. Ryan Partner

James G. Ryan Partner 100 Quentin Roosevelt Boulevard Garden City, NY 11530-4850 ph: 516.357.3750 fx: 516.296.9155 jryan@cullenanddykman.com AREAS OF PRACTICE Commercial Litigation Alternative Dispute Resolution-- Litigation