Carmine J. Castellano

Carmine’s practice focuses on technology litigation, financial services litigation, commercial litigation, and bankruptcy litigation. He has extensive federal and state court experience, including jury trials and bench trials, and has argued numerous appeals.

Carmine’s representative matters include:

Technology Litigation

• Serving as lead trial counsel for a New Hampshire auto dealer group in litigation against CDK Global, LLC (“CDK”) in New Jersey federal court concerning the implementation of software known as a dealer management system (DMS).
• Serving as lead trial counsel for a Maryland auto dealer group in litigation against CDK in Maryland federal court arising from the Third Party Access (3PA) program and associated data access fees. 
• Served as lead trial counsel for one of the largest private auto dealer groups in the country in litigation against CDK in New Jersey federal court related to software integration between a dealer management system (DMS) and third-party software apps.
• Served as lead trial counsel for a California fleet management company in litigation against CDK in New Jersey federal court concerning the implementation of a dealer management system (DMS).
• Served as counsel for an information technology (IT) services firm in litigation in New York federal court relating to international cybercrimes committed against a broker-dealer and its client.  
• Served as counsel for a healthcare technology company in litigation in New Jersey federal court arising out of a project to migrate data between electronic medical record systems.

Financial Services Litigation 

• Served as lead counsel for a major financial institution in defense of an action alleging racial discrimination. 

• Served as lead counsel for a major financial institution in defense of actions alleging fraudulent transfers. 

• Served as lead counsel for a major financial institution in a proceeding involving allegations of guardianship fraud. 

• Served as lead counsel for a major financial institution in defense of numerous actions alleging FCRA violations, negligence, and breach of contract.

Commercial Litigation

• Served as lead trial counsel for a computer consultant in a seven-day bench trial involving claims for trade secret misappropriation and breach of contract.

• Served as lead counsel for a global food and service hospitality company in real estate litigation relating to its restaurants at the MetLife Building in New York. 

• Serving as lead counsel for a major financial institution in real estate litigation concerning its branches in New York. 

• Served as lead counsel for a global agricultural sciences company in a contested tax lien foreclosure proceeding related to a consent order with the EPA.

• Served as lead counsel for a celebrity hairstylist in obtaining the voluntary termination of an indefinite trademark license agreement.

• Served as lead counsel for a global event management company in its breach of contract action filed against several artists and their agent arising out of events affected by COVID-19. 

Bankruptcy Litigation 

• Served as co-lead trial counsel for an Aspen-based private residence club in a three-day bench trial in Colorado bankruptcy court concerning debtor-in-possession (DIP) financing.  

• Served as lead litigation counsel for an oil depot in an adversary proceeding in New Jersey bankruptcy court relating to its remediation and sale of real property.  

• Served as trial counsel for plaintiff in a three-day bench trial in an adversary proceeding in New York bankruptcy court arising out of loans made to a billiards-related technology company.  

Select Additional Representations

• Served as counsel to a major department store retailer in a trademark infringement action filed by an Italian fashion house in New York federal court.

• Served as a member of the trial team that successfully defended one of the world’s largest lift truck manufacturers in over 10 product liability actions in New York federal court. 

Carmine received a J.D. degree from St. John’s University School of Law in 2005, and a B.A. degree from Brown University in 2002, where he was a member of the Division I men’s soccer team.   

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