Meyer, Suozzi, English and Klein P.C. Counselor at Law
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Erica B. Garay

Erica B. Garay is the Chair of the Alternative Dispute Resolution (ADR) practice group, an arbitrator and mediator, and a member of the Litigation practice at Meyer, Suozzi, English & Klein, P.C. located in Garden City, Long Island, N.Y. where she handles commercial litigation. She is also a Member of the Firm. Ms. Garay is on the American Arbitration Association roster of neutrals for commercial and complex litigation and its panel of mediators. Ms. Garay serves on Rosters of Mediators for Nassau, Suffolk, Queens, Westchester and New York Counties, N.Y.S. Supreme Court, Commercial Division, the U.S. District Court for the Southern District of New York, U.S. Bankruptcy Court's Mediation Panel for the Eastern and Southern Districts of New York.

Ms. Garay has arbitrated or mediated disputes (as a neutral) concerning real property transactions and environmental contamination, insurance coverage, shareholder and LLC member disputes (including derivative claims), employment discrimination, non-competition and other restrictive covenants and trade secrets, business disputes (including concerning medical billing and breach of contract), real estate development, hotel management, and a variety of other commercial matters. Ms. Garay can also be engaged as a private Mediator or Arbitrator, Special Master or Neutral Evaluator.

Ms. Garay concentrates on commercial litigation including corporate and partnership dissolutions, shareholder disputes and business valuations, arbitrations, trials, appeals, employment law, and general business representation. Ms. Garay represents businesses of all sizes and their management. She has served on steering committees charged with planning the course of major pieces of litigation. She has lectured on ADR, and authored articles on federal practice, employment law, shareholder rights, restrictive covenants (non-competition and non-solicitation) and trade secrets, and advises businesses on these and other corporate and commercial matters.

Notable experience includes:
  • Obtained an injunction to protect trade secrets of a manufacturing company and successfully defended the injunction in the U.S. Court of Appeals for the Second Circuit
  • Defeated an application for an injunction against an international jewelry designer based upon claims of trademark infringement and trade secret misappropriation; won motion to dismiss claims of jewelry design copyright infringement
  • Won earn-out award for seller of high-tech business after arbitration and prevailed on appeal
  • Tried several shareholder dissolution/valuation cases
  • Tried several breach of restrictive covenant and misappropriation of trade secrets claims
  • Obtained insurance coverage for complex commercial torts and other lawsuits
  • Advised numerous clients on corporate governance and shareholder rights; and non-competition; non-disclosure; confidentiality and non-solicitation agreements, including motions, trials, arbitrations, and appeals
  • Successfully arbitrated break-up of medical practice and claims of breach of fiduciary duty and theft of trade secrets and breach of non-competition agreement
  • Arbitrated (as a neutral) claims regarding insurance coverage; complex real estate transactions; hotel management contract; medical billing disputes; non-competition disputes; disability claims; shareholder disputes; LLC disputes; breach of fiduciary duty disputes; breach of contract; LLC dissolution
  • Mediated disputes (as a neutral) regarding real estate brokerage commissions; civil rights claims; employment discrimination claims; breach of contract; breach of non-competition agreement and theft of trade secrets; insurance broker malpractice; breach of fiduciary duty claims; and breach of commercial lease and guaranty
Among her many accolades, Ms. Garay was honored by the Long Island Women's Agenda in 2008. Ms. Garay was inducted into the ďTop 50 Women on Long IslandĒ Hall of Fame in 2003, after being a recipient of the honor for two prior years. She was named Advocate of the Year in 2002 by Women on the Job, and she was the Girl Scouts of Nassau Countyís Juliette Low Award of Distinction recipient in 2000. In 2001, she was an inductee into the Long Island Centerís Hall of Fame. She was the recipient of the 1993 Achieversí Award in Law from the Long Island Center for Business & Professional Women. She has also been recognized by the American Bar Association, Section of Litigation, receiving its Distinguished Leadership Award.

Ms. Garay has lectured at the Practicing Law Institute on Enforcing Confidentiality and Non-Compete Agreements; presented at the New York Judicial Institute to the Stateís Commercial Judges on Trade Secret and Restrictive Covenant Litigation; at the Nassau and Suffolk Academies of Law on Shareholder Dissolutions and Trade Secrets in the Electronic Age; and at the Nassau County and Suffolk County Bar Associations on arbitration and mediation. She is also a frequent lecturer on ADR.

Prior to joining Meyer Suozzi, Ms. Garay was first an associate, and then a partner, of the firm of Rivkin Radler LLP. She was previously associated with Willkie, Farr & Gallagher, and served as an Assistant Corporation Counsel in the General Litigation Division of the New York City Law Department. She also worked on two of the largest contract cases ever to go to trial in New York City and Seattle, both of which resulted in multi-million dollar verdicts or judgments in favor of her clients, and was on the steering committee which successfully defended coverage litigation for a $750 million clean-up of PCB contamination.
 
Click here to view Erica's Frequently Asked Questions about Partnership, Shareholder & LLC Disputes.
 
Click here to view Erica's Frequently Asked Questions about Arbitration & Mediation.
 
Reported Decisions:
 

Position
Member

Education
St. John's University School of Law, J.D., 1978
Associate Managing Editor of St. John's Law Review
 
Binghamton University, B.A., 1973

Memberships
Arbitrator for the American Arbitration Association, Commercial and Complex Litigation Panel

Mediator for the American Arbitration Association

Roster of Mediators of Nassau, New York, Queens, Suffolk and Westchester Counties, Supreme Court, Commercial Division

Mediation panel of the U.S. District Court, S.D.N.Y. and the U.S. District Court, E.D.N.Y. and S.D.N.Y. Bankruptcy Court Mediation Panel

American Bar Association: Litigation,Alternative dispute resolution, Business law sections

New York State Bar Association: Commercial and Federal Litigation Section, Alternative Dispute resolution committee

Admissions
New York State

U.S. District Court, Southern and Eastern Districts of New York

U.S. District Court, Northern and Central Districts of California

U.S. District Court, Eastern District of Wisconsin

U.S. District Court, District of Colorado

U.S. Court of Appeals for the Federal, Second, and Third Circuits

Martindale-Hubbell Rating
BV Distinguished

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