Anthony J. Harwood

ANTHONY J.
HARWOOD

Tony Harwood has over 25 years of experience as a trial lawyer in a wide range of business and securities related-disputes. His clients have included large multinational corporations, multi-billion dollar investment funds, law firm partnerships, technology companies, entertainment companies and entertainers, small businesses, investors, entrepreneurs, real estate brokers and executives in the finance, technology, advertising and publishing industries.

In 2016 and 2017, Mr. Harwood was selected to the New York Area Super Lawyers list.

Mr. Harwood has helped his clients win important victories at trial, on appeal, in pretrial motions and through settlement. He also has had numerous successes in bringing and defending actions for injunctions involving trade secrets, intellectual property, non-compete agreements, and real estate. Significant matters include:

  • After a three-week jury trial, winning a dismissal for a technology company of claims for damages in excess of $200 million, and successfully defending the judgment of dismissal on appeal.
  • Following a three-week legal malpractice trial arising out of a $70 million stock purchase agreement, achieving a dismissal of all claims and winning an affirmance on appeal.
  • Winning a multi-million dollar judgment for the former CEO of a charitable corporation after a five-day trial, based on the charity’s failure to pay pension benefits.
  • In an appeal to the New York Court of Appeals, winning an affirmance of a judgment dismissing claims for pension benefits by a former senior partner of a leading New York law firm.
  • In an appeal to the Illinois Supreme Court, winning an affirmance of a judgment dismissing a class action asserting product liability claims.
  • Obtaining a temporary restraining order and preliminary injunction barring former employees of an advertising company from taking trade secrets to a competitor, barring them from working for the competitor in violation of agreements not to compete and barring the competitor from using the client’s trade secrets.
  • Obtaining a temporary restraining order and preliminary injunction barring an officer of a luxury products company from taking proprietary information to a competitor and blocking the officer from working for the competitor in violation of an agreement not to compete.
  • Defeating an attempt to enjoin the transfer of real estate purchased at a government auction.
  • Obtaining an injunction for a tenant against the wrongful termination of a commercial lease.

Mr. Harwood has extensive experience representing clients in investigations brought by state and federal prosecutors and by the Securities and Exchange Commission. He also has represented public and private companies, their officers and executives, in internal investigations.

Mr. Harwood is well known for his work in the area of legal ethics. He has served on the Ethics Committee of the New York City Bar, where he participated in the preparation of formal and informal opinions on legal ethics and served on the ethics hotline. He has also served as Co-Chair of the Committee on Ethics and Professionalism for the Commercial and Federal Litigation Section of the New York State Bar Association, and as a member of the Executive Committee of that Section. He has frequently been a speaker for continuing legal education programs on legal ethics.

AREAS OF PRACTICE

ENTERTAINMENT AND INTELLECTUAL PROPERTY LITIGATION
  • Defamation (Libel and Slander)
  • Trademark Infringement, including Lanham Act and False Advertising Claims
  • Copyright Infringement
  • Internet Domain Name Disputes and Cybersquatting
GENERAL BUSINESS LITIGATION
  • Breach of Contract
  • Business Torts including Fraud, Breach of Fiduciary Duty, Tortious Interference with Contracts and Business Relations, Conversion, Unjust Enrichment and Professional Malpractice
  • Unfair Competition and Unfair Business Practices
  • Trade Secrets
  • Business Ownership, Valuation, Control and Dissolution
  • Partnership Disputes
  • Employment
  • Real Estate and Construction
  • Injunctions and Temporary Restraining Orders
  • Insurance Coverage
  • Electronic Discovery
SECURITIES FRAUD
  • Class actions, Individual and Group Claims
  • Derivative Claims
  • Short Sale Actions
  • SEC Investigations and Wells Notices
  • Criminal Investigations
PROFESSIONAL LIABILITY AND ETHICS
  • Malpractice Prosecution and Defense
  • Legal Ethics

REPORTED DECISIONS

  • National Restaurant Ass’n v. Commissioner of Labor, 141 A.d.3d 185, 34 N.Y.S.3d 232 (3d Dep’t 2016)
  • WC Capital Management, LLC v. UBS Securities, LLC, 711 F.3d 322 (2d Cir. 2013)
  • International Christian Broadcasting, Inc. v. Koper, 928 F.Supp.2d 559 (E.D.N.Y. 2013)
  • In re Vivendi Universal, S.A. Securities Litigation, 281 F.R.D. 165 (S.D.N.Y. 2012)
  • Penn Mut. Life Ins. Co. v. Wolk, 739 F.Supp.2d 387 (S.D.N.Y. 2010)
  • Sheehy v. Clifford Chance Rogers & Wells LLP, 3 N.Y.3d 554, 822 N.E.2d 763, 789 N.Y.S.2d 456 (2004)
  • F.lli De Cecco Di Filippo Fara S. Martino S.p.A. v. U.S., 216 F.3d 1027 (Fed. Cir. 2000)
  • F.lli De Cecco Di Filippo Fara S. Martino S.p.A. v. U.S., 980 F.Supp. 485 (C.I.T. 1997)
  • Arnott v. Forkash Realty Corp., 205 A.D.2d 651, 615 N.Y.S.2d 41 (2d Dep’t 1994)
  • In re Integrated Resources Real Estate Ltd. Partnerships Securities Lit., 850 F.Supp. 1105 (S.D.N.Y. 1993)

PUBLICATIONS AND PRESENTATIONS

  • CLE Program on Legal Ethics in the Digital Age, “Protecting Clients’ Confidences in Electronic Documents Under New York’s Rules of Professional Conduct for Lawyers”, Presenting Panelist, New York State Bar Association, 2016
  • Report on the Proposed Amendment to Rule of Professional Conduct 8.4 Regulating Lawyers’ Supervision of Undercover Investigations, Author (with others), New York State Bar Association, 2015
  • Report of the Commercial and Federal Litigation Section on Threatening Disciplinary Action Against Attorneys in New York, Author (with others), New York State Bar Association, 2015
  • CLE on Data Security for Small and Mid-Sized Law Firms, “The New York Lawyer’s Ethical Duties When Using the Cloud”, Presenting Panelist, New York City Bar Association, 2015
  • CLE Program on Ethics of Outsourcing Legal Work, Presenting Panelist and Chair of Organizing Committee, New York State Bar Association, 2015
  • Ethical Issues in the Investigation of a Lawsuit, Part II, Panel Co-Chair, Presented at the Spring Meeting of the Commercial and Federal Litigation Section of the New York State Bar Association, May 2009.
  • Ethical Issues in the Investigation of a Civil Lawsuit, Part I, Panel Co-Chair and Panelist, Presented at the Annual Meeting of the New York State Bar Association, January 2009.
  • Ethical Issues That Arise in Government Investigations of Alleged Corporate Wrongdoing, Panel Chair, Presented at the Annual Meeting of the New York State Bar Association, January 2006.
  • “The Elusive Definition Of Primary Liability Under Section 10(B) Of The Securities And Exchange Act Of 1934” presented and published at the January 2004 Annual Meeting of the New York State Bar Association’s Commercial and Federal Litigation Section.
  • “Controlling Costs and Achieving Fairness Through Alternative Dispute Resolution,” published by the American Bar Association in June 2003 for its aviation law seminar in New York City.
  • “Protecting Trademark Rights in Internet Domain Names in the United States,” presented and published at the 2000 Annual Congress of the Association Internationale des Jeunes Avocats in Helsinki, Finland.
  • “Provisional Remedies in the United States: the New York Model,” published for the 1998 Annual Congress of the Association Internationale des Jeunes Avocats in Sydney Australia (Received Past President’s Award).
  • “Taking Evidence Abroad for Use in Civil Litigation in the United States,” published in the International Practitioners’ Workshop Series, Vol. XIII (American Bar Ass’n 1997) Published and presented at the 1997 Spring Meeting of the Section of International Law and Practice in Washington, D.C.
  • International Service of Process, (with others) (American Bar Ass’n 1995)
  • “A Narrow Eleventh Amendment Immunity for Political Subdivisions: Reconciling the Arm of the State Doctrine with Federalism Principles,” 55 Fordham Law Review 101 (1986)

PROFESSIONAL ASSOCIATIONS

  • New York State Bar Association, Commercial and Federal Litigation Section: Co-Chair, Ethics and Professionalism Committee, 2004-Present; Member, Executive Committee, 2004-Present; Member, Securities Law Committee, 2003-Present.
  • Association of the Bar of the City of New York, Committee on Professional Ethics, 2014-2017
  • Conner Inn of Court, Group Leader
  • American Bar Association, Vice-Chair, Membership Committee, Section of International Law and Practice, 1998-2000; Chair, International Law Committee, Young Lawyers Division, 1995-97; Executive Committee, Young Lawyers Division, 1995-97

ADMISSIONS

  • New York (1988)
  • Second Federal Court of Appeals
  • Fifth Federal Court of Appeals

EDUCATION

  • Juris Doctor (1987), Fordham University, New York, New York
  • Bachelor of Arts in History (1983), Cornell University, Ithaca, New York