Christine Cesare is a litigator with a practice focus on complex commercial litigation.  Her experience includes trial, appellate and arbitration proceedings.  In the area of complex banking and business litigation, she has represented financial institutions in actions involving claims of breach of contract, fraud, lender liability, negligence, indemnification and unjust enrichment as well as claims under various state and federal statutes, including consumer statutes.  She also has represented financial institutions acting as corporate trustees, and  has commenced litigation to enforce the rights of bond holders.  Ms. Cesare also has experience defending corporate trustees in actions involving claims for breach of contract, negligence, indemnification, constructive trust and breach of fiduciary duty.  Her litigation experience also includes defending claims in the context of class actions.  In the course of representing financial institutions issuing prepaid cards, she has been involved in litigation matters challenging the issuance of such cards.

In addition to complex commercial litigation, Ms. Cesare has represented corporate clients in actions involving non-compete and non-solicitation agreements and the misappropriation of confidential and proprietary information. 

Representative Experience

• Representation of corporate trustee in against issuer for breach of financial covenants, including fraudulent transfer of assets.
• Representation of American Bankers Association as Amicus Curiae in connection with issues arising out of Delta Air Lines Bankruptcy Proceeding.
• Representation of Corporate Trustee in connection with failure of issuer to timely file its Annual Report on Form 10K and its Quarterly Report on Form 10Q.
• Defense of corporate trustee in class actions involving bond holders alleging that the failure of a financial institution to properly preserve, maintain and sell collateral securing $120 million in bonds.
• Defense of a series of actions commenced in federal and state court against a financial institution acting as a corporate trustee by secondary purchasers of defaulted bonds for which the financial institution acted as a corporate trustee.  The claims against the financial institution are in excess of $123 million based on the alleged misconduct and failure of the financial institution to distribute funds to the bond holders.
• Representation of a financial institution acting as a corporate trustee in a federal court class action involving conflicting claims of bond holders to approximately $86 million representing the proceeds of defaulted bonds.
• Representation of a financial institution serving as custodian against claims arising out of an exchange offer.
• Representation of a corporation against a former employee who misappropriated proprietary and confidential information before joining a direct competitor; secured preliminary and permanent injunctive relief.
• Representation of a financial institution against claims arising out of asset management services.
• Representation of financial institutions in connection with gift card programs, including related litigation proceedings.
• Defense of a class action commenced in federal court against a financial institution and a senior officer alleging a massive fraud, perpetrated through the public offering and sale of unregistered securities, arising out of a series of involved banking relationships with a significant customer.  The class of investors sought damages in excess of $60 million based on claims of fraud, securities fraud, RICO and breach of fiduciary duty.  As a result of the class allegations, a senior officer of the financial institution became the target of a federal grand jury investigation.  In addition, there were coverage issues arising under fidelity insurance and officers’ and directors’ insurance as well as issues concerning the reimbursement of legal fees and expenses under those policies.
• Representation of financial institution and credit card issuer in a class action filed in state court involving claims asserted under New York state consumer laws.
• Representation of financial institutions and credit card issuers in several federal court actions involving claims under the Fair Credit Reporting Act and TILA.