Finn Dixon & Herling secured a complete victory for its client, a private placement agent, in an arbitration against a private fund manager.
The arbitrator issued an Interim Award concluding that the private fund manager had breached the implied covenant of good faith and fair dealing in the parties’ advisory agreement and rejecting the fund manager’s counterclaim for breach of that agreement. The United States District Court for the Southern District of New York denied the fund manager’s petition to vacate the Interim Award.
Thereafter, the arbitrator issued a Final Award in favor of the private placement agent, awarding damages, attorneys’ fees, and costs. The Final Award was confirmed by the United States District Court for the Southern District of New York.
The FDH team included Litigation partner Tony Miodonka; Litigation counsel Benjamin M. Arrow; Litigation associates Eilis Meagher and Eli Yampel; and Litigation paralegal Catherine A. Sommer.