Kaye Scholer

Commercial Litigation

Mr. Boglioli is valued by clients for his ability to strategize and negotiate resolutions in commercial litigation, real estate litigation and complex fraud litigation. He has acted as de facto General Counsel for real estate companies, handling all litigation matters and negotiating commercial leases.

Representative Commercial Litigation Matters

• Represented plaintiff in a jury verdict for $34,150,000 in compensatory and punitive damages on claims of fraud, civil conspiracy, conversion and unjust enrichment in the misappropriation of funds advanced to the defendants for Philadelphia real estate acquisitions. The case is ranked as one of “The Top 100 Verdicts of 2010” by VerdictSearch.
  
  
• Defended international agent bank in connection with intracreditor litigation involving the purchase and financing of $200 million in assets from bankruptcy sale.
  
  
• Defended major investment firm in litigation involving fraudulent conveyance claims stemming from $8 billion financing and subsequent bankruptcy of a media company.
  
  
• Served as General Counsel to New York City commercial landlord and handled several landlord tenant disputes including successfully obtaining temporary restraining orders, injunctions, contempt sanctions and attorney’s fees and handled all lease negotiations.
  
  
• Represented several large New York City commercial landlords in landlord tenant and rental disputes.

Patent Litigation

Building on his strong science background, Mr. Boglioli has extensive patent litigation experience as well as patent licensing and opinion work in technologies ranging from pharmaceuticals to lighting control devices, telecommunications and coal and natural gas technology.

Representative Intellectual Property Litigation Matters

• Represented OSI Pharmaceuticals, Inc., Pfizer Inc. and Genentech, Inc. in a patent infringement case against Teva Pharmaceuticals USA, Inc. and Mylan Pharmaceuticals, Inc., in the United States District Court for the District of Delaware over ANDAs relating to generic versions of OSI’s Tarceva®, a drug for the treatment of advanced-stage Non-Small Cell Lung Cancer. Plaintiffs settled with Teva on the eve of trial, and completed a five-day trial against Mylan before the Hon. Sue L. Robinson.
  
  
• Represented Lutron Electronics Co., Inc. in several ITC investigations and U.S. District Court actions on claims that the defendants infringed lighting control patents, copyrights and trademarks as well as misappropriated trade secrets owned by Lutron.
  
  
• Represented Pfizer in a patent infringement suit against Teva Pharmaceuticals USA, Inc., based on Teva’s attempt to seek FDA approval for a generic version of Celebrex®. After a four-week trial, the district court found the patents valid, infringed and enforceable. The decision was affirmed on appeal to the Federal Circuit.
  
  
• Participated in three separate trials for Pfizer, protecting the patent for Norvasc®, the most prescribed brand name high blood pressure medicine worldwide. All three district courts found the patent valid, infringed and enforceable after trial. The Federal Circuit subsequently reversed those decisions in Pfizer v. Apotex.
  
  
• Represented Pfizer Inc. in a patent infringement suit brought by the University of Rochester involving Celebrex®, a drug for the treatment of arthritis and other disorders. The case resulted in a victory for Pfizer with a decision by the Federal Circuit upholding the district court’s decision invalidating the patent-in-suit on a motion for summary judgment.

Pro Bono Achievements

Mr. Boglioli is the chair of the Social Security Disability and Immigration Services sections of the firm’s Pro Bono Program and, in the past, has also chaired the firm’s Post-Release Supervision, Rockefeller Resentencing, Uncontested Divorce and Juvenile Delinquency projects. He personally represents clients and supervises dozens of lawyers and staff in each section and project. Mr. Boglioli’s pro bono representations have been repeatedly recognized. Below are a few examples:

• The New York Law Journal published an article titled, “Daniel M. Boglioli: Knows Small Cases Have a Huge Impact,” honoring Mr. Boglioli’s commitment and service to pro bono cases. (2011)
  
  
• Kaye Scholer received The Legal Aid Society’s Pro Bono Award for its outstanding service on Social Security Disability cases. (2011, 2007)
  
  
• Mr. Boglioli received the Cornell Law School Exemplary Public Service Award and was the sole recipient of its “Rising Star” award. (2009)
  
  
• The Legal Aid Society honored Mr. Boglioli for his extensive work on Post-Release Supervision cases. (2008)
  
  
• Sanctuary for Families honored Mr. Boglioli with their highest individual award for his work on Uncontested Divorce cases. (2008)

Publications

For several years, Mr. Boglioli co-authored “Large-Firm Life,” a regular column in the New York Law Journal, reporting on his account of associate life in a large New York firm. His articles include:

• “From Law School to First Year Associate”
• “Taking Stock of Goals and Progress”
• “Singing the Praises of Unsung Heroes”
• “Be Proactive about Getting Feedback”
• “Getting Ahead by Gaining Experience”