John R. Cuti

Representative Cases

Litigation

• Contract, employment, regulatory and other matters for sophisticated clients including IAC Interactive, Vimeo, Match.com, Martha Stewart Living, The Street.com, GrubHub/Seamless, and individual corporate officers and directors. Matters include:
  • Narayanan v. Sutherland Global Holdings – Successfully represented corporate director against company in breach of contract suit.
  • Gregory Barton v. Martha Stewart Living Omnimedia, Inc. – Successfully defended public company against claim by former executive for benefits under an ERISA plan.
  • Brodsky v. Match.com – Successfully represented Match.com in a putative nationwide class action alleging RICO, consumer fraud, and contract violations.
  • Cope v. IAC Search, LLC – Successfully represented IAC Search in litigation over $25 million acquisition of software company.

• Regulatory and Administrative Agency Proceedings for well-known New York City catering and party planning entities.

Government Investigations

• Tax Incentives Investigation – Represented company in connection with government inquiry into State tax incentive program.
• Confidential DOJ Investigation – Represented senior financial services executive in connection with DOJ inquiry into trading practices at large financial institution.
• Moreland Commission Investigation – Represented parties in State government investigation regarding lobbying and ethical issues.
• Matter of Merrill Lynch – Represented a Merrill Lynch senior executive in inquiry by the New York Attorney General.
• Judicial Conduct – Represented New York State Court justices and judges accused of judicial misconduct.

Civil Rights Litigation

• 2020 Presidential Election – Participated with national team of lawyers advising state attorneys general on constitutional and state-law issues regarding election administration, ballot canvassing and counting, recounts, and election contests.
• Estate of Kurt Doerbecker et al. v. Nassau County et al. – Successfully represented estate and family of 23-year-old man who was fatally shot in the back of the head by a Nassau County police officer in a federal civil rights and wrongful death suit.
• Luke Herrine and Leo Gertner – Successfully represented NYU School of Law students in First Amendment challenge to subpoenas.
• Third Church of Christ, Scientist v. City of New York – Obtained a permanent injunction under the Religious Land Use and Institutionalized Persons Act against the New York City Department of Buildings.
• Friends of the HighLine v. City of New York – Won a preliminary injunction on behalf of the New York City Council preventing the destruction of an elevated railroad line that has since been converted into a unique public park.
• Jacobs v. Seminole County Canvassing Board – Trial counsel in a challenge to the Seminole County absentee ballot application process as part of the statewide Democratic Party challenge to the 2000 presidential election in Florida.
• McCain v. Powers; Rockefeller v. Powers – Successfully represented 2000 and 1996 presidential candidates John McCain and Steve Forbes in constitutional challenges to New York’s ballot access laws.

Criminal Litigation

• United States v. Martha Stewart and Peter Bacanovic – Trial counsel for Martha Stewart in a criminal trial alleging securities fraud and obstruction of an SEC agency proceeding.
• People of the State of New York v. Anthony Marshall – Trial counsel and Lead appellate counsel for Ambassador Marshall in fraud and larceny case regarding his mother, Brooke Astor.
• People of the State of New York v. Ronald Meadow – Obtained reversal of murder conviction in the Appellate Division, Fourth Department; represented defendant at retrial.

Advice Regarding Unwanted Media Coverage

• Brett Kavanaugh Hearings – Defamation and public relations advice to key figure in Brett Kavanaugh Senate Confirmation Hearings.
• Finance Executive – Defamation and public relations advice to prominent finance executive.
• General Counsel – Advised General Counsel of well-known company regarding successful effort to persuade major newspaper to omit him from negative story.
• High-profile Entrepreneur – Defamation and public relations advice to prominent founder of global business.

General Counsel Experience

MortgageIT Holdings, Inc.
2004-2005
Member of senior management team of publicly traded mortgage REIT (NYSE: MHL) that has since been acquired by Deutsche Bank.

Martha Stewart Living Omnimedia, Inc.
2005-2007
Member of senior management at publicly traded corporation with publishing, internet, television and merchandising businesses.