News


Sher Tremonte Files Brief in Supreme Court on Important Sentencing Issue in the Case of Rod Blagojevich

On Monday, December 4, 2017, Sher Tremonte LLP filed an amicus curiae brief in the United States Supreme Court on behalf of the Center on the Administration of Criminal Law, based at the New York University School of Law.  The brief was filed in support of Petitioner Rod Blagojevich, the former governor of Illinois, who was convicted of various offenses stemming from the appointment of a Senator in the seat vacated by former President Barack Obama.  At his sentencing, Blagojevich argued that the 168-month sentence urged by the Government would result in an unwarranted disparity between him and other public officials charged with similar misconduct, who had been sentenced much more leniently.  The trial court and the Seventh Circuit Court of Appeals refused to consider this argument because his sentence was within the range recommended under the United States Sentencing Guidelines, which themselves attempt to account for sentencing disparities among similarly-situated defendants.  In its amicus brief, Sher Tremonte argued that the Court should adopt the view of the majority of courts of appeals, which holds that a court must address all factors relevant to sentencing regardless of whether the sentence ultimately imposed is within the Sentencing Guidelines.  That view, the brief argued, is consistent with the goals of fairness and uniformity in sentencing, in addition to the relevant congressional statute and Supreme Court precedent.  The Center on the Administration of Criminal Law at NYU Law is dedicated to defining and promoting good government practices in the criminal justice system through academic research, litigation, and formulating public policy. The amicus brief filed on its behalf was authored by partners Justin M. Sher and Michael Tremonte, associate and pro bono coordinator Noam Biale, and associate Emily Burgess.

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Sher Tremonte Welcomes Three New Lawyers

Sher Tremonte is delighted to announce the addition of Tasha Branford, Heather Yu Han and Emma Spiro to the firm. Read more about our new colleagues here.

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Sher Tremonte listed among “Best Law Firms” by U.S. News

Sher Tremonte is proud to be recognized in the 2018 Edition U.S. News – Best Lawyers "Best Law Firms" rankings for Criminal Defense: White Collar. The firms named to this list have been surveyed through a rigorous evaluation process that includes the collection of client evaluations and peer review from leading attorneys.

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12 Sher Tremonte Attorneys Named 2017 Super Lawyers

Twelve Sher Tremonte attorneys have been selected as 2017 New York Metro Super Lawyers or Rising Stars. Published annually, Super Lawyers selects leading professionals who have attained a high degree of peer recognition, as well as excellence in their practice area. Additionally, Michael Tremonte has been named to the Top 100: 2017 New York – Metro Super Lawyers List for the third consecutive year; and Justine Harris has been named to the Top 50: 2017 Women New York – Metro Super Lawyers List. We are proud to have our dedicated, thoughtful team of Sher Tremonte lawyers recognized for their superior expertise in white collar criminal defense, securities, business, environmental and intellectual property litigation. Sher Tremonte 2017 New York Metro Super Lawyers and Rising Stars: Justin Sher, Partner Business Litigation Michael Tremonte, Partner Business Litigation Top 100: 2017 New York – Metro Super Lawyers Robert Knuts, Partner Securities Litigation Theresa Trzaskoma, Partner Criminal Defense: White Collar Justine Harris, Partner Criminal Defense: White Collar Top 50: 2017 Women New York – Metro Super Lawyers Kimo Peluso, Partner Business Litigation Mark Cuccaro, Of Counsel Rising Star in Business Litigation Noam Biale, Associate Rising Star in Criminal Defense Michael Gibaldi, Associate Rising Star in Criminal Defense: White Collar Justin Gunnell, Associate Rising Star in Business Litigation Yonatan Jacobs, Associate Rising Star in Business Litigation Erica Wolff, Associate Rising Star in Civil Litigation

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Sher Tremonte Files Amicus Brief in US Supreme Court Opposing De Facto Life Sentences for Juveniles

On Monday, August 28, 2017, Sher Tremonte LLP filed an amicus curiae brief in the United States Supreme Court on behalf of the Fair Punishment Project at Harvard Law School.  The brief was filed in two consolidated cases, Timothy Willbanks v. Missouri Department of Corrections and Ledale Nathan v. State of Missouri, both of which involve the Eighth Amendment’s protection of juveniles in the criminal justice system.  In two recent decisions, Graham v. Florida (2010) and Miller v. Alabama (2012), the Supreme Court limited the circumstances in which juveniles may be sentenced to life-without-parole. Petitioners Mr. Willbanks and Mr. Ledale were each sentenced to lengthy terms of incarceration for crimes they committed when they were under eighteen, for which they will not be parole-eligible until they are in their eighties.  They argued to the Missouri courts that these were effectively life sentences and therefore violated Graham and Miller.  The Missouri courts held that because both youths were sentenced to consecutive terms for multiple crimes (all arising out of the same single incident), the Supreme Court’s decisions did not apply to them.   In an amicus brief supporting the petitioners, Sher Tremonte argued that the Eighth Amendment’s protections apply equally to children convicted of multiple crimes as those convicted of one crime, and that any criminal sentence for a juvenile that exceeds the period of time necessary for rehabilitation amounts to disproportionate punishment.   The brief was filed on behalf of the Fair Punishment Project, a joint initiative of Harvard Law School’s Charles Hamilton Houston Institute for Race & Justice and its Criminal Justice Institute, that advocates for a fair and accountable justice system through legal action, public discourse, and educational initiatives.  The brief was authored by partner Justin M. Sher and associate and pro bono coordinator Noam Biale, who, before joining Sher Tremonte, worked on the merits brief in the Miller case.

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Sher Tremonte Opens Hudson Valley Office

Sher Tremonte is pleased to announce the opening of its new Hudson Valley office in Red Hook, New York.  The new office will focus on serving Hudson Valley’s growing business community, including companies in technology, hospitality, renewable energy, the arts, entertainment and real estate.  Through partnership with Legal Services of the Hudson Valley, Sher Tremonte will also provide pro bono legal services to individuals, seniors and small businesses in Dutchess and Ulster Counties.

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Sher Tremonte Files Chapter 7 Involuntary Bankruptcy Petition Against Fyre Festival LLC

Sher Tremonte partner, Robert Knuts, has initiated a potentially innovative solution on behalf of clients - a group of creditors - in filing Chapter 7 involuntary bankruptcy petition against the ill-fated Fyre Festival LLC. “We look forward to finding out where the money went.” Click here for the full article in the Wall Street Journal and Law360.  

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Sher Tremonte Prevails in Appeal Over Acquisition of Luxury Resort

On May 23, 2017, Sher Tremonte obtained a rare reversal from the First Department Appellate Division for its clients, an investment advisory firm focused on sustainable development and the firm’s principals.  Sher Tremonte’s clients advised investors on the acquisition of Aman Resorts, an international chain of luxury resorts.  After performing due diligence and negotiating the successful acquisition, Sher Tremonte’s clients were forced to sue the new owners for failing to pay an agreed upon package of advisory fees.  The Appellate Division denied the defendants’ appeal, which sought dismissal of all of plaintiffs’ claims, and granted Sher Tremonte’s cross-appeal, reviving the plaintiffs’ claim of unjust enrichment and holding that Sher Tremonte’s clients could pursue claims of both unjust enrichment and tortious interference with contract.  Erica Wolff argued the appeal on behalf of Sher Tremonte’s team, which also includes Justin Sher, Robert Knuts, Michael Gibaldi and Emily Burgess.  Read the full decision here.

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Sher Tremonte Wins Summary Judgment in Corporate Acquisition Case

On May 30, 2017, Sher Tremonte won summary judgment on behalf of its client, the former Chief Operating Officer of an avionics company, on all claims against him in a case stemming from the $64 million acquisition of his former employer, a satellite communications company.  The buyer of the company claimed that the sellers had misrepresented the status of the company in the due diligence process leading up to the acquisition.  The Honorable Jed Rakoff of the Southern District of New York issued an opinion dismissing all claims against Sher Tremonte’s client, which included fraud, negligent misrepresentation, and unjust enrichment.  Read the full decision and order here.   

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Sher Tremonte Wins Summary Judgment in Fraud Case

On April 21, 2017, Sher Tremonte won summary judgment on behalf of its client, the seller of a full-service medical laboratory, on claims of fraud and breach of contract.  The buyer of the company claimed to have suffered damages because the seller misrepresented the status of an inquiry concerning the company by the New York Attorney General’s Office.  Adopting Sher Tremonte’s arguments that the buyer had failed to establish loss causation, transaction causation, or justifiable reliance, the court dismissed the claims against the seller in their entirety. Read the full decision and order here.

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