Rivkin Radler obtains landmark Anti-SLAPP decision dismissing Leon Black’s malicious prosecution action; Secures significant summary judgment victory for insurance client

In Black v. Ganieva, et al., Rivkin Radler partner Max Gershenoff, arguing on behalf of the employment law firm Wigdor, secured a landmark decision in the Appellate Division, First Department. The decision dismissed a malicious prosecution suit filed by multi-billionaire Leon Black against Wigdor, which had previously represented Black’s accuser in an action alleging sexual assault and defamation.

The Appellate Division also found that Wigdor was entitled to recover the attorneys’ fees it incurred in defending against Black’s defective malicious prosecution claim.

This decision is the first ever to apply New York’s amended anti-SLAPP statute to a malicious prosecution action, and it represents a significant victory not only for Wigdor but for the legal profession. The decision makes clear that lawsuits alleging sexual assault and defamation are subject to the protections of the New York anti-SLAPP statute. It also signifies that plaintiffs who subsequently contend that such lawsuits constitute malicious prosecution must come forward with substantial evidence in order to avoid dismissal of their malicious prosecution claims.

In addition to Gershenoff, the Rivkin Radler team included Janice DiGennaro, Yonatan Bernstein, and Peter Henninger.

In a separate matter, Alan Eagle (retired) and Frank Valverde secured an important summary judgment victory in a hotly contested declaratory judgment action in the Southern District of New York. The dispute was among multiple insurers and concerned insurance coverage for an underlying Labor Law action where a worker sustained grave injuries (quadriplegia) after falling from a ladder. Rivkin Radler’s winning summary judgment motion involved many cutting-edge issues, including with respect to late notice/prejudice, additional insured coverage, priority of coverage, the doctrine of circuity of the action, and estoppel as well as issues concerning contractual indemnity, employer’s liability coverage, and real property. Read more at rivkinradler.com.