Carmine J. Castellano

Carmine has a broad practice with significant experience in financial services litigation; bankruptcy litigation; intellectual property litigation; ADA public accommodation and accessibility litigation; and general commercial disputes. He also regularly represents companies in litigation involving auto dealer software and technology, including dealer management systems (“DMS”). Carmine has been repeatedly named a Metro New York Rising Star by Super Lawyers.

Since joining Hodgson Russ, Carmine’s representative matters include:

• Serving as lead counsel for a New Hampshire-based auto dealer group in litigation filed in New Jersey federal court arising from the sale and implementation of a DMS. Recently defeated plaintiff’s motion for summary judgment in part, clearing the way for a trial on counterclaims for breach of contract and violations of the New Jersey Consumer Fraud Act. 

• Served as lead counsel for a national luxury auto dealer group in a lawsuit filed in New Jersey federal court relating to data integration between a DMS and third-party software products. The case settled on terms that are confidential.
• Served as lead counsel for a California-based fleet services company in litigation filed in New Jersey federal court arising from the sale and implementation of a DMS. Following nearly three years of litigation, including depositions in California, New Jersey, and Texas, the case settled on terms that are confidential.
• Served as lead counsel defending a Montreal-based retailer in ADA accessibility litigation in New York federal court.
• Handled an evidentiary hearing in New York federal court concerning a default judgment in a trademark infringement, copyright infringement, and cybersquatting action. The case settled two weeks after the hearing.  
• Obtained the dismissal of all claims asserted against two court-appointed committees, including a national bank, in real-estate-related litigation.
• Obtained the voluntary termination of an indefinite trademark license agreement on behalf of a celebrity hair stylist in a dispute with his licensee.
• Obtained the dismissal of all claims asserted against the president of a hardwood-flooring manufacturer in ongoing litigation in New York state and federal courts.
• Represented the owner of an oil depot in litigation relating to its environmental remediation and sale of real property in New Jersey bankruptcy court.
• Obtained and enforced a default judgment in a lawsuit filed in New York federal court arising out of a project to purchase and operate an aircraft maintenance facility in South Africa.  

Prior to joining Hodgson Russ, Carmine’s representative matters included:

• Served as lead counsel defending a computer consultant in a seven-day bench trial against his former employer in a trade secrets, business torts, and breach of contract action. Obtained the dismissal of all trade secret and contract claims.   
• Served as co-lead counsel for an Aspen-based private residence club in a three-day evidentiary hearing in Colorado bankruptcy court involving debtor-in-possession financing.
• Served as co-lead counsel defending an Illinois-based warehouse owner in a preliminary injunction hearing. The case settled mid-hearing.
• Handled an evidentiary hearing concerning the amount of attorney’s fees incurred by plaintiff. Obtained the dismissal of 88 percent of the fees demanded after cross-examining plaintiff’s attorneys.
• Successfully argued against a motion to dismiss by a major airline on behalf of an aircraft leasing company in an $8 million lawsuit relating to the return condition of aircraft.
• Successfully argued an objection to a proof of claim on behalf of the debtor, a leading national real estate auction company, in New York bankruptcy court.
• Obtained vacatur of a default against a Los Angeles-based jet charter company in an action filed in Delaware bankruptcy court. The case settled shortly thereafter.
• Represented a major department store retailer in a trademark infringement lawsuit filed by an Italian high-fashion house in New York federal court.
• Represented a leading global insurance company in a $17 million insurance coverage litigation filed by a former director of Tyco International in New York federal court.
• Represented an Israel-based developer of automated parking technology in litigation against a Florida-based competitor and the City of Hoboken involving claims for copyright infringement and trade secret misappropriation.
• Served as a member of the trial team that successfully represented one of the world’s largest lift truck manufacturers in over 10 product liability litigations filed in the federal and state courts of the New York metropolitan area.   

• Listed, New York Metro Super Lawyers Rising Stars, 2013 - 2016