Francis J. Earley

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  • State University of New York - Buffalo (JD)
  • University of Rochester (BA, Political Science)

Bar Admissions

  • New York

Frank’s practice focuses on securities, fiduciary duty, and complex commercial disputes. Frank also represents corporations, officers, directors, accountants and other individuals in SEC investigations and enforcement proceedings. He also has been involved in a number of litigations involving bankruptcy and intellectual property.

Frank has significant jury and nonjury trial experience in federal court. He has litigated in various state and federal courts throughout the country and has arbitrated extensively before the Financial Industry Regulatory Agency (FINRA, formerly NASD, and the NYSE) as well as the American Arbitration Association and JAMS. He also has mediated a number of disputes before those same bodies.

Frank is also co-founder of the firm’s Distressed Debt & Claims Trading Practice.

During law school, he was the managing editor for the Buffalo Law Review. While at the University of Rochester, he played varsity football.

Representative Matters

  • Represented the former directors of a US media company in a matter commenced by a litigation trustee. The trustee asserted claims that the former directors breached their fiduciary duties by failing to file for bankruptcy sooner to preserve assets for the benefit of the creditors. The case settled on favorable terms, requiring no monetary payments by our clients and no admission of liability.
  • Represented the CEO of a global media company in shareholder litigation, consolidated in the Delaware Court of Chancery, pertaining to a "going private" transaction. We achieved settlement on very favorable terms for the client.
  • Won a $6 million jury verdict against an unauthorized Internet reseller of our client’s products. The jury found the Internet reseller liable for tortious interference with contract and trademark infringement. This victory was extremely important in protecting our client’s distribution system.
  • Achieved summary judgment for a multinational corporation in a dispute regarding the sale of certain bankruptcy claims it held in the Delphi Bankruptcy proceeding. The court’s decision in this matter is significant, as it provides a guide for the operation of the multibillion-dollar trade claim market and interaction of parties in this industry. Bear Stearns Investment Products, Inc. v. Hitachi Automotive Products (USA), Inc. and Tokico (USA), Inc., 401 B.R. 598 (S.D.N.Y. 2009).

Recognitions & Awards

  • New York Super Lawyers: Rising Star – Business Litigation (2011 – 2012)