Vitali S. Rosenfeld
Vitali practices complex commercial litigation, including domestic and international contractual disputes, business torts, and corporate governance matters. His special focus is on “business divorce” cases, including partition actions, shareholder buyout claims, and dissolution of closely-held business entities.
Drawing on his extensive experience in multi-jurisdictional and cross-border litigation, Vitali regularly assists clients in navigating issues of extraterritorial jurisdiction, conflict of laws, and enforcement of foreign judgments and arbitral awards. Vitali has also successfully represented clients in connection with defamation claims and immigration matters.
Before joining Schlam Stone, Vitali worked at Cleary Gottlieb, where he represented foreign governments and corporations in U.S. federal and state courts at the trial and appellate levels, including in several precedential cases under the Foreign Sovereign Immunities Act.
Business divorce representations have included:
- Representing a 50% interest holder in dissolution, partition and withdrawal actions involving several corporations, LLCs, a partnership, and a significant real estate portfolio;
- Representing a minority member and former officer of a holding company for numerous automotive dealerships in actions for a buyout of his ownership interest;
- Represented a 25% shareholder in a successful trial resulting in dissolution of a real estate holding corporation, Kassab v. Kasab, 56 Misc. 3d 1213(A), 65 N.Y.S.3d 492 (Sup. Ct. Queens Co. 2017), aff’d as modified, Matter of Kassab v. Kasab, 2021 NY Slip Op 03837 (2d Dept. 2021); still representing the same party in appeals regarding dissolution of a related LLC;
- Represented a 25% interest holder in an action resulting in his buyout from several corporations and LLCs involving retail operations and real estate holdings;
- Represented a minority shareholder and former officer of a food manufacturing company in a dissolution action involving allegations of mismanagement and diversion of corporate funds; and
- Represented a doctor in an action for partnership share in a PLLC resulting in division of the medical practice.
Representations in international litigation and arbitration have included:
- Defended one of India’s largest pharmaceutical companies in Vermont state court against claims of misappropriation of trade secrets, tortious interference and unfair competition;
- Represented corporate and individual Canadian parties in New York state court litigation involving breach of contract, fraud, defamation, and other claims;
- Represented a Belgian trading company in liquidation in pursuing commercial claims in federal courts of New Jersey and Georgia;
- Defended a U.S. software company in federal court in New York against contractual and intellectual property claims brought by Thai licensees;
- Represented a major New York real estate development company in a AAA arbitration brought by a Chinese company;
- Represented consumers in a “clean diesel” action against Volkswagen;
- Represented an individual in federal court litigation over a large collection of Russian art and antiques involving substantive issues of Russian law;
- Represented the Russian Federation in a Second Circuit appeal concerning enforcement of foreign arbitral awards, Compagnie Noga D’Imp. Et D’Exp. S.A. v. Russian Fed’n, 350 F. App’x 476 (2d Cir. 2009);
- Represented a Russian steelmaking corporation in a dispute over ownership of a metallurgical plant litigated in Delaware federal and state courts;
- Represented a Russian bank against a securities broker-dealer in a federal court action in New York for recognition and enforcement of an English judgment;
- Represented the Republic of Congo in protracted litigation with its worldwide creditors in state and federal courts in New York, Texas and California raising novel legal issues under the Foreign Sovereign Immunities Act.
- American Bar Association
“I offer creative legal analysis and insight that enable clients to successfully pursue the most effective solutions for their circumstances – from swift resolution by means of settlement negotiations or mediation, to protracted litigation involving trials and appeals.”