Stuart Kagen | Founding Partner

Stuart Kagen, a founding partner at Kagen & Caspersen, has significant experience in trying cases in federal and state courts around the United States. A magna cum laude graduate of the Harvard Law School, Mr. Kagen has served as lead trial counsel for a $30 million case in Illinois, a $30 million case in Oklahoma (involving several novel areas of corporate law), and multimillion dollar cases in New York, Delaware, California, and other jurisdictions.

Mr. Kagen has represented the CEO of a multibillion dollar insurance company with regard to employment issues, a Senior Vice President of another multibillion dollar insurance company with regard to employment issues, the owners of various limited liability companies in matters ranging from dissolution to reorganization, and multiple companies involved in copyright litigation in federal court. He has also handed issues regarding national security clearances and the enforcement of international arbitral awards in the United States.

Contact

(212) 880-2045

Credentials

EDUCATION

Harvard Law School
J.D. magna cum laude - 1995
Harvard Journal of International Law, Articles Editor, 1994 - 1995

New York University
B.A. magna cum laude - 1992

BAR ADMISSIONS

New York
California
U.S. District Court Southern District of New York
U.S. District Court Southern District of California
U.S. District Court Central District of California
U.S. Court of Appeals 9th Circuit

Representative Cases

  • Disqualified an AmLaw100 Firm in a commercial matter concerning claims of breaches of fiduciary duty with regard to a high-tech start-up company. Subsequently obtained the complete dismissal of the other side’s counterclaim; this matter received coverage in the New York Law Journal.

  • Successfully resolved a securities action seeking several million dollars on the part of an aggrieved investor.

  • Obtained a significant recovery for a minority member of a limited liability company against the majority owner in an arbitration before the American Arbitration Association.

  • Represented the largest single individual investor in a multibillion dollar securities case in New York federal court.

  • Successfully defended an accounting firm against a malpractice claim seeking over one million dollars (the case settled on confidential terms).

  • Represented a significant hedge fund in New York against one of the largest investment banks in New York in a dispute arising from a complex swap transaction (this matter resolved confidentially).

  • Represented another hedge fund in a dispute in Delaware involving, among other things, books and records requests under Delaware law (this matter resolved confidentially).

  • Obtained a temporary restraining order and preliminary injunction on behalf of a UK computer company preventing a public multinational from misusing the UK company’s information and monies, and then obtained summary judgment against the multinational for all monies owed to the UK company.

  • Won an appeal before the New York Appellate Division on behalf of a real estate company concerning a multimillion dollar real estate transaction; the court also awarded costs to our client as part of its unanimous decision.

Decisions

  • Sands Brothers Venture Capital II, LLC v. Huff, 2015 N.Y. Misc. LEXIS 1963 (N.Y. Co. Sup. Ct. 2015)

  • Tricham Housing Assoc., L.P. v Klein, 978 N.Y.S.2d 162 (1st Dep’t 2014)

  • Nemon Corp. v. 45-51 Ave. B, LLC, 102 A.D.3d 438 (1st Dep’t 2013)

  • Barmash v. Perlman, 2013 N.Y. Misc. Lexis 4626 (N.Y. Co. Sup. Ct. 2013)

  • Barmash v. Perlman, 2013 N.Y. Misc. Lexis 3707 (N.Y. Co. Sup. Ct. 2013)