Russell Bogart | Partner

Russell Bogart represents clients in high-stakes commercial litigation at the trial and appellate level in federal and state courts. He has obtained favorable results for individuals, executives and small to medium sized businesses pitted in complex litigation against Am Law 200 firms and larger companies. Mr. Bogart’s practice focuses upon handling cases involving claims of breach of contract, investment fraud, breach of fiduciary duty, disputes between members of closely held businesses, accounting malpractice and broker-dealer liability. Mr. Bogart also has extensive experience in enforcing judgments and prosecuting and defending fraudulent transfer claims. In particular, he has prosecuted a number of claims on behalf of private lenders and factors.

He has distinguished himself in the field of intellectual property law through prosecuting trademark and copyright infringement claims on behalf of animators, apparel manufacturers and screenwriters. Mr. Bogart has presented to the Copyright Society of the USA and the Internet and Intellectual Property Committee of the Commercial and Federal Litigation Section of the New York State Bar.

Early in his career, Mr. Bogart prevailed in more than twenty appeals as a governmental attorney involving criminal, civil rights and commercial cases. In private practice, Mr. Bogart has won a number of high profile appeals in commercial and employment cases.

Mr. Bogart has successfully prosecuted and defended a number of employment cases covered by the press. Additionally, Mr. Bogart obtained from the United States Department of Labor and a federal court a ruling which expanded the rights of corporate whistleblowers. He represents whistleblowers seeking a bounty or claiming unlawful retaliation and qui tam plaintiffs seeking recoveries on the behalf of governments.

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

• Served as first-chair trial counsel for the procurement of a $3 million judgment for fraud and breach of contract claims against an international marine transport company in the United States District for the Southern District of Florida.

• Represent several of the largest US bridal and prom dress manufacturers in developing legal strategies for combating the proliferation of websites selling counterfeit dresses through the stealing of their product images, including the prosecution of claims against the infringers and culpable internet service providers.

• 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.

• Successfully negotiated a favorable resolution of a patent infringement suit prosecuted by an AmLaw 25 law firm.

• Represent a publicly traded company with respect to claims against broker-dealers and related parties with respect to fraud and other misconduct committed in connection with the failed raising of $100 million in financing.

• Represent a manufacturer with respect to a breach of warranty claim filed by one of the world’s largest cosmetics companies resulting in a product recall.

• 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

Versant Funding, LLC v. Teras Breakbulk Ocean Navigation Enters., LLC, 2018 U.S. Dist. LEXIS 39124 (S.D.Fla. 2018)

Iris Mediaworks v. Vasisht, 2017 NYLJ LEXIS 1643 (New York Sup. 2017)

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

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

Hollywood Carting Corp. v. City of New York, 288 A.D.2d 71 (1st Dep’t 2001)

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)

In re Giselle F., 272 A.D.2d 83, 707 N.Y.S.2d 103 (App. Div. 1st Dept. 2000)