Russell Bogart | Of Counsel

Russell Bogart has extensive first-chair experience litigating complex commercial, employment, intellectual property, and bankruptcy cases throughout the country. Mr. Bogart has prevailed in more than twenty-five appeals focused on a broad range of subjects. Notably, other law firms recurrently seek to retain Mr. Bogart to assist them in prosecuting complex employment and whistleblower cases.

During law school, Mr. Bogart interned for a year with a federal judge at the United States Court of Federal Claims and for a semester with the Counsel to United States Senator Joseph Biden, Jr., Ranking Democrat on the United States Senate Committee on the Judiciary. Before joining Kagen and Caspersen, Mr. Bogart served as a partner at a prominent boutique firm.

Contact

(212) 880-2045

Credentials

EDUCATION

The George Washington University Law School
J.D. With Honors - 1996

Johns Hopkins University
B.A. - 1992

BAR ADMISSIONS

New York
District of Columbia
U.S. District Court Southern District of New York
U.S. District Court Eastern District of New York
U.S. Court of Appeals 2nd Circuit
U.S. Court of Appeals 3rd Circuit
U.S. Court of Appeals 9th Circuit

Representative Cases

  • Obtained a temporary restraining order in New York State Court prohibiting an accounting firm, a successor entity, and a garnishee from dissipating $4.5 million in assets until the court held an attachment hearing in a fraud case arising out of the Madoff Ponzi scheme.

  • Persuaded the Appellate Division, First Department to reverse the dismissal of an investor’s fraud claims against an accountant and an accounting firm for their roles in soliciting investments into a Madoff feeder fund operated out of the accounting firm. The client was represented by a large regional firm in the lower court when his entire case was dismissed.

  • Obtained the first decision issued by a federal district court holding that the Sarbanes-Oxley Act’s whistleblower provisions protect former employees who report corporate fraud after the termination of their employment.

  • Rapidly obtained a large financial settlement, with extensive equitable relief, on behalf of the owner of the rights to the most watched animated character on the internet, upon filing claims of trademark and copyright infringement.

  • Obtained the dismissal of a plaintiff’s claims, and the payment of attorney’s fees, after demonstrating during a hearing held in federal court that the plaintiff had manipulated electronic data in support of his claim that his employer had failed to convey to him stock options worth millions of dollars.

  • Obtained a $1.2 million judgment arising out of the breach of a factoring agreement and a personal guarantee in the Commercial Division, New York County.

  • Successfully represented bankruptcy trustees in multimillion dollar adversary proceedings against national law firms, big four accounting firms, former directors and officers, banks, and casinos.

Decisions

  • Kshetrapal v. DISH Network, LLC, 90 F. Supp.3d 108 (S.D.N.Y. 2015)

  • Weinberg v. Mendelow, 113 A.D.3d 485 (1st Dep’t 2014)

  • In re Baranowski, 95 A.D.3d 746 (1st Dep’t 2012)

  • Warshaw v. Mendelow, 2011 WL 111000990 (N.Y. Sup. 2011)

  • Pellegrino v. Oppenheimer & Co., Inc., 49 A.D.3d 94 (1st Dep’t 2008)

  • Devinsky v. Kingsford, 2008 WL 857525 (S.D.N.Y. 2008)

  • Steadfast Insurance Co. v. Casden Properties, Inc., 41 A.D.3d 120 (1st Dep’t 2007)

  • Davin v. JMAM, LLC, doing business as Joan Rivers Worldwide Enterprises, 27 A.D.3d 371 (1st Dep’t 2006)

  • Cipico Construction, Inc. v. The City of New York, 279 A.D.2d 416 (1st Dep’t 2001)

  • In re Taalib B., 273 A.D.2d 27, leave to Appeal Denied by, 95 N.Y.2d 764 (2000)

  • Delgado v. Willat, et. al., 2015 WL 3857322 (N.Y. Sup. 2015)

  • Iris MediaWorks, Ltd. v. Vasisht, et. al., 2015 WL 6087607 (N.Y. Sup. 2015)​