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Danielle C. Lesser

Partner & Chair, Business Litigation
Danielle C. Lesser's headshot
Danielle C. Lesser Partner & Chair, Business Litigation

Danielle is an experienced trial attorney whose diverse practice involves all phases of litigation.

Successfully Resolving Complex Business Disputes. As Chair of the Business Litigation Department, Danielle leverages her extensive litigation experience to resolve a broad range of business, real estate and employment-related disputes.

Clients turn to Danielle for guidance in crisis and dispute resolution. Respected by peers and opposing counsel for her keen ability to combine commercial sensibilities with litigation savvy, including at trial, Danielle’s no-nonsense approach and reputation benefit all parties, paving the way to practical solutions whenever possible.

Litigating Challenging Civil Cases. Danielle regularly advises and litigates employment-related restrictive covenant issues and other claims arising under employment agreements. She also litigates a wide range of complex cases in state and federal courts and in arbitration, handling matters ranging from breach of contract, tortious interference with contract and fraud-based claims. She handles all phases of litigation from pleading through trial and appeal.

Danielle represents publicly traded companies, privately held businesses, partnerships, LLCs and high net worth individuals across many industries ranging from real estate to consumer products.

Solving Retail Tenant Disputes. Danielle regularly represents retail and other tenants in their disputes with their landlords. She has litigated key lease terms commonly found in retail leases. When clients are concerned about their lease obligations and want to understand what rights they have under their leases, she can help them quickly investigate and formulate a plan of action.

Impacting the Legal Landscape. In a testament to Danielle’s reputation and quality of service, she was appointed chair of the NYC Bar Judiciary Committee in 2023 after a careful selection process. As committee chair, Danielle evaluates candidates for election, reelection, appointment, reappointment, designation and certification to justice administration offices in New York State courts. She plays a key role in ensuring that candidates meet appropriate standards of professional competence and integrity and helping to encourage merit appointments and nominations for elective judicial office.

Experience

  • Represented a capital partner in a breach of contract action against a developer for violation of a joint venture agreement and obtained an arbitration award of approximately $45 million plus legal fees.
  • Successfully argued to have a previous decision, which would have prevented retailer, J.Crew, from proceeding the early termination of a multiyear lease agreement, overturned in Appellate Division court (Eastview Mall, LLC v. Grace Holmes Inc., d/b/a J. Crew and J .Crew Group, Inc.)
  • Successfully resolved a dispute arising between the manufacturer of a Swedish medical device and a large pharmaceutical company responsible for marketing the devices after filing an action and engaging in targeted mediation related discovery.
  • Successfully defended retailer Kenneth Cole against the efforts of mall owner Simon Property Group who sought to enjoin the closure of Kenneth Cole stores in Simon outlet malls through Simon’s enforcement of the “continuous operation” provisions contained in Kenneth Cole’s leases.
  • Successfully negotiated a resolution with the New York Attorney General’s office on behalf of a facility that sought to close and terminated leases with its residents.
  • Successfully represented a borrower and manager in the restructuring of a mortgage loan secured by 30 properties that had been sold out of a securitization. Avoided foreclosure and resolved the matter through a prepackaged bankruptcy.
  • Successfully represented a junior lender in connection with a mortgage on a major senior living project. Sued to enjoin the foreclosure sale and settled on favorable terms.
  • Successfully represented the developer of a major resort, residential and retail development. Enjoined the lender from pursuing default remedies, which stayed in place for approximately four years. 
  • Successfully prosecuted claims on behalf of a mezzanine lender in connection with defaulted promissory notes and lender’s right under the securities purchase agreement and collected full amount due under those notes, including interest and legal fees.
  • Successfully represented the former chief executive officer of a publicly traded company in an arbitration in his claim for wrongful termination. Secured a multi-million dollar award on the CEO’s behalf.
  • Successfully represented an investment group in blocking a merger of a publicly traded company with a private affiliate.
  • Successfully resolved RICO claims asserted against a major New York company.
  • Successfully represented a large investment firm in dual shareholders' derivative actions in New York and Delaware state courts.
  • Successfully represented a real estate developer in a breach of contract action against a major Nebraska landowner in the District of Nebraska.

Professional Activities

  • Judiciary Committee, New York City Bar Association, Chair
  • Women in Law Section, New York State Bar Association, Executive Committee and Chair of the Partners' Committee
  • New York Supreme Court Appellate Division, First Department, Departmental Disciplinary Committee, Member
  • The Webster Apartments, a non-profit residence for working women and students, Board Member
  • Commercial and Federal Section, New York State Bar Association, Member
 

Recognition

  • Crain's New York Business, Notable Women in Law, 2023
  • Thomson Reuters' Super Lawyers, New York Women's Edition in Business Litigation, 2020

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