Russell L. Porter Of Counsel

     

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Russell Porter is a seasoned commercial litigator with a proven record of delivering top-rate results in a wide range of industries. He has extensive experience handling breach of contract claims, shareholder disputes, business break-ups and construction-related litigation. Russell’s clients include aviation logistics and facility service companies, acclaimed dining establishments, international food and beverage vendors, construction design professionals and cosmetic manufacturers. 

Equally adept in the courtroom as at the negotiating table, Russell advances his clients’ interests in a cost-effective manner, cutting through the delays that often plague commercial disputes. Clients seek out Russell for his keen ability to resolve matters before they escalate into full-scale litigations and to navigate them effectively in the event they do. He develops an individualized strategy that prioritizes each client’s unique needs and delivers the best outcome at a cost that is proportional to the task at hand.

Areas of Focus

Outside General Counsel
Russell often serves as outside general counsel for businesses in a wide range of industries. His clients know he is available to assist whenever needed. Russell is best known for proactively identifying his clients’ goals and developing a comprehensive strategy that ensures they are achieved. 

Commercial Disputes
Russell works with businesses of all sizes to navigate a wide variety of commercial disputes. He has handled matters involving breach of contract, fiduciary duty violations, claims brought under the Uniform Commercial Code, real property–related issues and construction projects. He has a keen eye for evaluating the strengths and potential pitfalls of particular fact patterns and advises his clients with an eye toward enhancing the bottom line. 

Hospitality
Russell frequently is called on to represent hospitality businesses. His areas of expertise include commercial real estate disputes, wage and employment claims, premises liability matters and regulatory issues. Again, Russell’s clients seek him out for his pragmatic approach and ability to deliver results at tremendous value.

Representative Matters

Successfully defeated motion for conditional class certification in a suit brought under the Federal Labor Standards Act and New York Labor Law for allegedly unpaid wages, notwithstanding the traditionally lenient standard applied to such applications. The resulting opinion, Zheng v. Good Fortune Supermarket Group (USA), Inc., 13-CV-60 (ILG) (E.D.N.Y. Sep. 12, 2013), has been cited in numerous briefs and court opinions concerning similar motions. 

Obtained favorable resolution of claims brought by the owner of a retail dining chain against a former business partner related to breach of fiduciary duty and diversion of corporate opportunities. The case settled shortly after depositions of the adverse parties and Russell’s client recovered substantially all of the relief initially sought in the complaint. 

Obtained favorable resolution of claims for breach of contract brought by cosmetics distributor against cosmetics manufacturer. Represented the manufacturer who was sued for more than $2 million. The case settled at mediation for under $25,000 after Russell immersed himself in the case and debunked all of the plaintiff’s theories, instead demonstrating that the alleged breaches at issue were nearly entirely related to the plaintiff’s own delays and failure to honor the terms of the parties’ contract. 

Has recovered more than $1 million for his clients on various matters related to non-payment of invoices and bills with vendors, contractors, subcontractors and other third parties.