DAMIAN R. CAVALERI

About

Damian Cavaleri represents clients in all capacities and has experience litigating and arbitrating a wide breadth of disputes with expertise in business and employment litigation. He handles all aspects of litigation, including discovery, motion practice, trial and appeal, and has litigated in federal and state courts in New York. He also provides counsel to clients relating to employment agreements, employment separation agreements, and non-competition restrictions and covenants.

Mr. Cavaleri’s recent representations include:

  • Financial services company in emergency arbitration to enforce restrictive covenant, preventing former employee from working for competitor
  • Public agency in employment disputes claiming discrimination and FMLA retaliation
  • Foreign credit card issuer and acquirer seeking damages for breach of licensing agreement against major credit card scheme
  • Major manufacturer of agricultural products in insurance coverage litigation concerning in excess of $100 million
  • Financial services company defending claims of improper termination of its CFO
  • Real estate development company in a dispute with lender regarding propriety of foreclosure proceedings
  • Individuals with claims against a major financial institution regarding improper investment of funds
  • Individual in negotiations with a major public institution regarding a substantial donation of works of art

Mr. Cavaleri is also involved in the Social Media Subcommittee of the Commercial and Federal Litigation Section of the New York State Bar Association, is a member of the Federal Bar Council and serves on the advisory board of the Merkin Concert Hall at the Kaufman Music Center.

Mr. Cavaleri received his J.D. with a concentration in Public Law from Cornell Law School, and his B.A. with Honors from the University of California, Berkeley, where he was a Regents’ and Chancellor’s scholar. He is admitted to the Bar of the State of New York, and is admitted to practice before the United States District Courts for the Eastern and Southern Districts and the United States Court of Appeals for the Second Circuit. Previously, Mr. Cavaleri was an associate at Schulte Roth and Zabel LLP in New York City. Mr. Cavaleri was recently recognized as a Rising Star by New York Metro Super Lawyers.

Education

University of California, Berkeley (B.A. 2003)

  • Honors
  • Regents’ and Chancellor’s Scholar

Cornell Law School (J.D. 2006)

  • Environmental Law Society
  • Cornell International Law Journal

Public Service &
Professional Activities

  • Merkin Concert Hall, Kaufman Music Center, Advisory Board
  • Federal Bar Council
  • New York State Bar Association, Social Media Committee
  • New York Metro Super Lawyers “Rising Star”- Business and Employment Litigation (2015 – 2017)
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Related News & Articles

Nine Hoguet Newman Regal & Kenney Attorneys Honored as Super Lawyers

Further highlighting Hoguet Newman Regal & Kenney, LLP’s longstanding reputation as a litigation powerhouse, Super Lawyers today announced that it has tapped nine of the firm’s partners and counsel as 2017 Super Lawyers. Many of those recognized have received multiple Super Lawyer awards acknowledging their consistent dedication to client service and to furthering the profession.

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Judge Says $2.78M Verdict Against MasterCard Stands Reports New York Law Journal

Reporter B. Colby Hamilton writes: MasterCard’s bill has come due, U.S. District Judge Lorna Schofield ruled earlier this week. She dismissed the financial services provider’s Rule 50 motion to reverse a jury’s decision returning $2.78 million to a card processor based in the Kingdom of Jordan, ICC, finding that the jury was well within the reasonableness standard.

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Nine Hoguet Newman Regal & Kenney Lawyers Selected to 2016 New York Metro Super Lawyers®

Hoguet Newman Regal & Kenney, LLP is pleased to announce that nine of the firm’s attorneys were selected for 2016 New York Metro Super Lawyers® lists.  Partners Laura B. Hoguet, Dorothea W. Regal, John J. Kenney, and Richard M. Reice have been named as Super Lawyers in the 2016 New York Metro Super Lawyers® Magazine.  Ms. Hoguet and Mr. Kenney have been recognized in the area of Business Litigation.  Ms. Regal has been recognized in the area of Insurance Coverage.  Mr. Reice has been recognized in the area of Employment & Labor.  These attorneys are among an elite group of New York attorneys to receive this honor, which is awarded to no more than 5 percent of lawyers in the State.

In addition, partners Joshua Blosveren, Andrew N. Bourne, Damian R. Cavaleri and Helene R. Hechtkopf, and counsel Marc Aaron Melzer, were named to the 2016 New York Metro Rising Stars list by Super Lawyers® Magazine.  Mr. Blosveren and Mr. Bourne have been recognized in the area of Insurance Coverage.  Mr. Cavaleri has been recognized in the area of Business Litigation.  Ms. Hechtkopf has been recognized in the area of General Litigation.  Mr. Melzer has been recognized in the area of Intellectual Property Litigation.  “Rising Stars” recognizes top up-and-coming attorneys who are 40 years old or younger, or who have been practicing 10 or fewer years, and is awarded to no more than 2.5 percent of lawyers in the State.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.  The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Eight Hoguet Newman Regal & Kenney Lawyers Selected to 2015 New York Metro Super Lawyers®

Hoguet Newman Regal & Kenney, LLP is pleased to announce that eight of the firm’s attorneys were selected for 2015 New York Metro Super Lawyers® lists.  Partners Laura B. HoguetDorothea W. RegalJohn J. Kenney, and Richard M. Reice have been named as Super Lawyers in the 2015 New York Metro Super Lawyers® Magazine.  Ms. Hoguet has been recognized in the areas of Business Litigation and Employment and Labor.  Ms. Regal has been recognized in the areas of Insurance Coverage and Business Litigation.  Mr. Kenney has been recognized in the areas of Business Litigation and Criminal Defense: White Collar.  Mr. Reice has been recognized in the area of Employment and Labor.  These attorneys are among an elite group of New York attorneys to receive this honor, which is awarded to no more than 5 percent of lawyers in the State.

In addition, partners Andrew N. Bourne and Helene R. Hechtkopf, and associates Marc Aaron Melzer and Damian R. Cavaleri, were named to the 2015 New York Metro Rising Stars list by Super Lawyers® Magazine.  “Rising Stars” recognizes top up-and-coming attorneys who are 40 years old or younger, or who have been practicing 10 or fewer years, and is awarded to no more than 2.5 percent of lawyers in the State.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.  The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Hoguet Newman Regal & Kenney Attorneys Obtain Favorable Sentencing Ruling for Client in Federal Securities Fraud Trial

Hoguet, Newman, Regal & Kenney, LLP attorneys recently represented the former Chief Financial Officer of a pharmaceutical company in a 10 week federal securities fraud trial and subsequent sentencing proceedings in the Southern District of New York.  Despite the jury’s finding that securities fraud violations had occurred, the firm successfully argued at a Fatico hearing that the victim suffered no loss, resulting in the firm’s client receiving a sentence of time-served (no prison).  US. v. Cuti and Tennant, 08 Cr. 972 (SDNY 2011).  The government had recommended a sentence of 60 months and argued that the defendant was eligible for 168 to 210 months under the sentencing guidelines.

The decision has been widely discussed in various legal and business forums.  See, e.g., Law-360, The Increasing Importance of Loss Causation Analysis (October 2011); also reproduced in part on Harvard Law School’s Forum on Corporate Governance and Financial Regulation, at  http://blogs.law.harvard.edu/corpgov/2011/12/08/the-increasing-importance-of-loss-causation-analysis/ 

The Hoguet Newman team was comprised of John J. Kenney, Tai-Heng Cheng, Caitlin Bush and Damian Cavaleri.