Charles E. "Trip" Dorkey III
Charles “Trip” Dorkey specializes in complex commercial litigation. Mr. Dorkey has served as lead counsel in significant cases both in New York and nationwide involving securities, reinsurance, construction, real estate, employment, and a broad range of commercial and other business disputes, many of which have arisen out of mergers and acquisition activities.
Due to his governmental service and political work, many of his matters have involved disputes at the intersection between private and public activity. Mr. Dorkey has also handled a variety of transnational cases dealing with non-U.S. legal proceedings and issues in many countries including Brazil, China, Nigeria, Turkey, Dubai, Saudi Arabia, and many European countries.
The Avenue Magazine has recognized Mr. Dorkey as one of New York City's Legal Elite since 2010. He has also been named as one of The Best Lawyers in America in Commercial Litigation since 2012.
- First Department Judicial Screening Committee 1995-1999, 2005-2007
- Court of Claims Judicial Screening Committee 1995-1999, 2005-2007
- Judiciary Committee, Association of the Bar of the City of New York, 2006-2010
- Member, St. Lawrence Seaway Development Corporation www.seaway.dot.gov 2006-2013
- Chairman, Hudson River Park Trust www.hudsonriverpark.org 2003-2007
- Vice Chairman, Empire State Development Corporation www.empire.state.ny.us 1995-2007
- Member, New York City Municipal Water Finance Authority www.nyc.gov/html/nyw 1995-2007
- Member, New York State Job Development Authority www.empire.state.ny.us 1995-2007
Trustee, New York Historical Society www.nyhistory.org 1998-2013
Trustee, Beacon Institute http://www.thebeaconinstitute.org 2005-2011
Director, Parks & Trails New York www.ptny.org 2002-Present
Director, National Chamber Foundation www.uschamber.com/ncf/ 2000-2012
Trustee, Historic Hudson Valley http://www.hudsonvalley.org 2002-2008
Trustee, Citizens Budget Commission www.cbcny.org 1993-1998
- Defense of a special servicer in dispute between two tranches of a CMBS loan over which one can purchase a defaulted note.
Cedarwoods CRE CDO II, Ltd. v. Galante Holdings Inc., 96 AD 3d 581, 2012 WL 2299456 (1st Dep't 2012).
- Defense of a credit card processor in a tortious interference and de facto merger case arising out of a contract not assumed in an asset purchase transaction (EDNY)
Planet Payment v. Nova Information Systems, Inc., No. 07-CV-2520, 2011 WL 1226878 (E.D.N.Y. 2011)
- Defense of a retail chain store in an action brought by a New York City law firm for a “success” fee based on an exchange of email correspondence
Kasowitz, Benson, Torres & Friedman, LLP v. Duane Reade, 2011 WL 4907767 (Sup. Ct.,N.Y. Cty. Mar. 17, 2011), aff'd 98 A.D.3d 403, 950 N.Y.S.2d 8 (1st Dep't 2012), aff’d 950 N.Y.3d 1082, 965 N.Y.S.2d. 71 (2013)
- Defense of a credit card processor for breach of contract in connection with the provision of certain credit card services to cruise lines
Monex Financial Services Ltd. v. Nova Information Systems, Inc., Civil Action No. 07-5837, 2009 WL 3101045 (S.D.N.Y. 2009)
- Prosecution of a breach of contract action arising out of the sale of defective vehicles to be used as handicap accessible NYC taxis
Freidman v. General Motors Corp., 721 F. Supp. 2d 218 (S.D.N.Y. 2010)
- Prosecution of a contribution action on behalf of a party found liable for fraud in an underlying action against accounting firm arising out of a tax shelter
Rosenbach & Rajaratnam, v. Diversified Group, Inc;
85 A.D.3d 569 (1st Dep’t 2011)
- Defense of not-for-profit organization in federal and state court actions alleging RICO violations and state law claims for fraud and conversion; courts granted motions to dismiss.
- D. Penguin Brothers Ltd. v. City National Bank, 2014 WL 982859 (S.D.N.Y. Mar. 11, 2014), aff’d, 2014 WL 5293242 (2d Cir. Oct. 16, 2014) - D. Penguin Brothers Ltd. v. National Black United Fund, Inc., No.154182/2013(Supreme Court, New York County)
- Defense of a Canadian bank in two related cases for breach of contract arising out of an earn-out agreement which was part of the bank’s acquisition of those employees’ company (N.D. Cal. and Sup. Ct. NY)
Representation of not-for-profit charitable organizations in various corporate and litigation matters in state and federal courts.
- Representation of co-owner of a fashion photography business in a lawsuit to determine control of the business set up as an Illinois LLC
- Representation of Canadian purchaser of a business against sellers for breach of representations and warranties
Weight Loss Services, L.P. v. Herbal Magic, Inc., 2011 WL 4402103 (E.D.P.A. 2011)
- Prosecution of claim of an U.K. minority shareholders for breach of fiduciary duty against private equity firms that were its co-shareholders
Richbell Information Services, Inc. v. Jupiter Partners, 309 A.D.2d 288, 765 N.Y.S.2d 575 (1st Dep’t 2003), 288 A.D.2d 208, 723 N.Y.S.2d 134 (1st Dep’t 2001)
- Representation of taxpayer seeking a refund of tax on basis that merger should be treated as a taxable purchase entitled to a stepped up basis
Novacare, Inc. v. United States, 52 Fed. Cl. 165 (Ct. Fed. Cl. 2002)
- Parrish v. Palmer, 246 A.D.2d 449, 608 N.Y.S.2d 182 (1st Dep’t 1998)
- Erickson v. Horing, 2000 Extra Lexis 218 (Minn. Dist. Ct., Hennepin County 2000)
- Two-week jury trial of a breach of contract action brought by a subcontractor for work arising out of the contract for the deconstruction of 130 Liberty Street (Deutsche Bank building)
- Multiple month bench trial against a general contractor on cost-to-compete theory arising out of a failure to complete a renovation project in Nassau County, which resulted in the following appellate decisions:
George A. Fuller Co. v. Kensington-Johnson Corp., 234 A.D.2d 265, 650 N.Y.S.2d 779 (2d Dep’t 1996)
Fidelity New York FSB v. Kensington-Johnson Corp., 234 A.D.2d 263, 651 N.Y.S.2d 86 (2d Dep’t 1996)
- Bank of Tokyo-Mitsubishi, Ltd. v. Kvaerner, 243 A.D.2d 1, 671, N.Y.S.2d 985 (1st Dep’t 1998)
- Defense of an indenture trustee in a declaratory judgment action concerning the applicability of insurance coverage for environmental damages to property held as collateral
Commerce & Industry Insurance Co. v. U.S. Bank National Association, Civil Action No. 7-5731, 2008 WL 4178474 (S.D.N.Y. 2008)
- Prosecution of an insurance coverage action on behalf of Canadian manufacturer for losses sustained during the 2003 AirTrain accident
Slattery Skanska Inc. v. American Home Assurance Co., 885 N.Y.S.2d 264 (1st Dep’t 2009)
- Representation of a surety company against a French re-insurer for indemnity for amounts paid in underlying construction case
AIU North America, Inc. v. Caisse Franco, 72 F. Supp. 2d 350 (S.D.N.Y. 1999); 1998 WL 57667 (S.D.N.Y. 1998)
- T&N PLC v. Fred S. James & Co., 29 F.3d 57 (2d Cir. 1994)
- Defense of a company and its two principal officers in an SEC enforcement action alleging material misstatements in press releases and 10-Ks and Qs (EDNY)
SEC v. Neurotech Development Corp., 2011 WL 1099864 (E.D.N.Y. 2011), adopting 2011 WL 1113705 (E.D.N.Y. 2011)
- Defense of a “Big Four” accounting firm partner in a fraud action arising out of an allegedly abusive tax shelter (Sup. Ct. NY)
Rosenbach & Rajaratnam v. Diversified Group, Inc., 12 Misc. 3d 1152A, 819 N.Y.S.2d 851 (Sup. Ct. N.Y. Cty. 2006), aff’d, 39 A.D.3d 271, 833 N.Y.S.2d 78 (1st Dep’t 2007)
- Banco Espanol de Credito v. Security Pacific National Bank, 973 F.2d 51 (2d Cir. 1992)
Consumer Class Actions
- Defense of a Canadian energy retailer in a class action alleging violation of statutes prohibiting deceptive sales practices and advertising (Sup. Ct. NY and Kings)
RE Corp. v. New York Energy Sav. Corp., 78 AD3d 546 (1st Dep’t 2010)
Advanced Medical & Alternative Care, P.C. v. New York Energy Savings Corp., 2008 WL 5235310, 21 Misc.3d 1145(A), 875 N.Y.S.2d 818 (Sup. Ct., Kings Cty. 2008)
Land Use / Real Estate
- Representation of railroad in claim for costs in relocating electrical facilities involving in particular a dispute over pre-judgment interest
City of New York v. National R.R. Passenger Corp., 2009 WL 483343 (E.D.N.Y. 2009)
- Defense of an individual real estate investor in a breach of fiduciary duty case arising out of the attempts to develop two 2500 plus acre developments in New York and Pennsylvania (Chancery Court Delaware)
- 9th & 10th Street LLC v. Board of Standards & Appeals, 10 N.Y.3d 264 (2008)
- Millbrook Hunt v. Smith, 249 A.D.2d 281, 670 N.Y.S.2d 907 (2d Dep’t 1998); 249 A.D.2d 283, 670 N.Y.S.2d 905, (2d Dep’t 1998); 234 A.D.2d 434, 651 N.Y.S.2d 893 (2d Dep’t 1996); 233 A.D.2d 484, 650 N.Y.S.2d 981 (2d Dep’t 1996)
- Chateau D’if Corp. v. City of New York, 219 A.D.2d 205, 641 N.Y.S.2d 252 (1st Dep’t 1996)
Representation of tenant-shareholders in litigation in state court against co-op and managing agent relating to water damage in co-op apartment.
Disputes Over Arbitration
- Sedmak v. Ironshore Specialty Ins. Co., 2015 WL 144190 (S.D.N.Y. Jan. 2015) (analyzing the five theories under which a court will enforce an arbitration agreement against a non-signatory)
- Ironshore Specialty Ins. Co. v. Eidos Partners, LLC, 2014 WL 231939 (S.D.N.Y. Jan. 2014), aff’d, 2014 WL 7271980 (2d Cir. 2015)
- RE Corp. v. New York Energy Sav. Corp., 78 A.D.3d 546 (1st Dep’t 2010)
- Douce v. Origin ID TMAA 1404-236-5547, 2009 WL 382708 (S.D.N.Y. 2009)
- Advanced Medical & Alternative Care, P.C. v. New York Energy Savings Corp., 2008 WL 5235310, 21 Misc.3d 1145(A), 875 N.Y.S.2d 818 (Sup. Ct., Kings Cty. 2008)
- Matter of Parrish, 246 A.D.2d 449, 668 N.Y.S.2d 182 (1st Dept. 1998)
- Bank of Tokyo-Mitsubishi, Ltd. Kvaerner, 243 A.D.2d 1, 671 NYS2d 905 (1st Dept. 1998)
- Weight Loss Services, L.P. v. Herbal Magic, Inc., 2011 WL 4402103 (E.D.Pa. 2011)
- United States v. J.A. Jones Const. Group, LLC, 333 B.R. 637, 2005 WL 3199053 (E.D.N.Y. 2005)
- Bank of Tokyo-Mitsubishi, Ltd. Kvaerner, 243 A.D.2d 1, 671 NYS2d 905 (1st Dept. 1998)
- Drexel Burnham Lambert Group v. Galadari, 777 F.2d 877 (2d Cir. 1985)
- Johnson v. Just Energy, 897 F. Supp. 2d 51 (E.D.N.Y. Sept. 20, 2102) aff'd, 547 Fed. Appx. 71 (2d Cir. 2013); cert. denied, 135 S. Ct. 416 (2014)
- Ingram v. MacDonald, 2012 WL 4327390 (E.D.N.Y. Sept. 20, 2012), aff'd, 530 Fed. Appx. 48 (2d Cir. July 18, 2013), cert. denied, 134 S.Ct. 629 (2013)
- Pugliese v. Verizon New York, Inc., 2008 WL 2882092 (S.D.N.Y. 2008)
- Carnrite v. Granada Hosp. Group, Inc., 175 F.R.D. 439 (W.D.N.Y.1997)
- Defense of individual in Section 1983 action; court dismissed case with prejudice in its entirety.
- Betts v. Shearman, 2013 WL 311124 (S.D.N.Y. Jan. 24, 2013); aff’d, 751 F.3d 78 (2d Cir. 2014)
- J.D., University of Pennsylvania Law School, 1973
- A.B., Dartmouth College, cum laude, 1970
- District of Columbia, 1977
- New York, 1975
- Pennsylvania, 1974
- "New York Court of Appeals Confirms the Viability of the Separate Entity Rule in the Wake of Kohler v. Bank of Bermuda," MLA Advisory (January 8, 2015).
- "New York Adopts “Likely to Succeed” Standard For When a Failure to Appeal Will Waive Subsequent Legal Malpractice Claim," MLA Advisory (December 9, 2014).
- "Whistle While You Work: Defining the Scope of Whistleblower Protection Under Sarbanes-Oxley and Dodd-Frank," MLA Advisory (September 23, 2014).
- "Five Changes You Need to Know About to Practice in New York's Commercial Division," MLA Advisory (September 18, 2014).
- "Tag, You’re Not It:” Corporate Executives May Travel Without Worry as the Ninth Circuit Holds that Corporations Are Not Subject to “Tag Jurisdiction,” MLA Advisory (September 8, 2014).
- "NLRB Regional Director Orders Union Representation Election at NYC Bike Share, Unit to Include Seasonal Employees and Purported Supervisors," MLA Advisory (August 26, 2014).
- "If It’s Good For Thee, It’s Good For Me," MLA Advisory (August 5, 2014).
- "Discovery From China Blocked: Do Not Forget Corporate Formalities," MLA Advisory (July 21, 2014).
- "Better a Saver Than a Borrower Be," MLA Advisory (July 14, 2014).
- "It's Complicated," MLA Advisory (June 18, 2014).
- "We Are Not Going to Take It Anymore! Fee-Shifting Bylaws Allowed in Delaware," MLA Advisory (June 9, 2014).
- "Come Litigate With Us: New York Passes New Rules Meant to Streamline Commercial Litigation and Attract New Businesses," MLA Advisory (June 3, 2014).
- "Who Knew? When Courts Can Decide A Matter on Arguments Not Raised By The Parties," MLA Advisory (May 29, 2014).
- "New York Courts Not Always Open for Business: Court Kicks Large Financial Fraud Case Out of U.S. Courts," MLA Advisory (May 6, 2014).
- "Gotcha Now! New York Clarifies Subpoena Rules," MLA Advisory (April 28, 2014).
- "Keep the Ball on the Court: Avoid An Un-Enforcement Error," MLA Advisory (April 14, 2014).
- "Relief for Landowner: CERCLA Violation Will Not Lead To Double Trouble," MLA Advisory (April 7, 2014).
- "Taxpayers – 1; New York – 0," MLA Advisory (March 31, 2014).
- "Between Scylla and Charybdis: Cooperation with Government Brings Waiver of Attorney-Client Privilege," MLA Advisory (March 25, 2014).
- "Cashing in on Lack of Personal Jurisdiction," MLA Advisory (March 10, 2014).
- "Written Contracts, Like Good Fences, Make Good Neighbors: No Part Performance Exception to Statute of Frauds," MLA Advisory (March 5, 2014).
- "Is Florida...Truly Obnoxious," MLA Advisory (February 25, 2014).
- "Privilege...Privilege...Who's Got the Privilege," MLA Advisory (February 12, 2014).
- "Supreme Court “Homes” In On General Jurisdiction," MLA Advisory (February 10, 2014).
- "Contractual Forum-Selection Clause Trumps All; Rules of Forum Transfer and Venue Clarified," MLA Advisory (December 18, 2013).
- "Beware 'notwithstanding anything to the contrary...,'" MLA Advisory (November 7, 2013).
- "Look Before You . . . Text: FCC's October 16 Deadline Changes Consent Rules of Mobile Marketers," MLA Advisory (August 7, 2013).
- "American Express Co. v. Italian Colors Restaurant," MLA Advisory, (July 11, 2013).
- "SCOTUS Significantly Restricts Application of the Alien Tort Statute," MLA Advisory, (June 20, 2013).
- "$33 Million Interest for $1,000!!! Be Careful What You Agree To," MLA Advisory, (April 8, 2013).
- "NY Choice of Law: You Get What You Bargain For," MLA Advisory, (March 19, 2013).
- "A 'No Oral Modification' Clause Means What It Says," MLA Advisory, (February 26, 2013).
- "Case Note: American Building Supply Corp. v. Petrocelli Group," MLA Advisory, (January 28, 2013).
- "PMJ Capital Corp. v. PAF Capital, LLC: When is a 'deal' a 'contract,'" MLA Advisory, (December 10, 2012).
- "Second Circuit in Schneider AG v. Kingdom of Thailand confirms there is only limited judicial review of arbitral awards when parties authorized tribunal to rule on jurisdictional challenges," MLA Advisory, (November 16, 2012).
- "Cobalt Partners L.P. v. GSC Capital Corp," MLA Advisory, (July 12, 2012).
- "In re General Electric Company Securities Litigation," MLA Advisory, (June 1, 2012).
- "HSH Nordbank AG v. UBS AG, et al.," MLA Advisory, (May 15, 2012).
- "Absolute Activist Value Master Fund Ltd. v. Ficeto," MLA Advisory, (April 26, 2012).
- "Lessons From Voom V. EchoStar," Law360, (April 20, 2012).
- “Motions in Limine,” Commercial Litigation in New York State Courts (second edition), Chapter 34, Ed. Robert L. Haig, Vol. 3, Minnesota: Thomson-West, (2011).
- “SEC and PCAOB Host Public Roundtable on Internal Control,” The Metropolitan Corporate Counsel, Vol. 14, No. 7, (July 2006).