Jay Dealy | Lawyer

Jay Dealy concentrates on complex commercial litigation matters, with a focus on appeals and international arbitrations.

Jay’s practice includes claims arising out of manufacturing and construction contracts, shareholder disputes, complex financial contracts, and insurance coverage disputes. He also regularly represents corporate and individual clients under investigation by governmental agencies and in internal investigations.

Representative Experience

Won appeal reinstating over $1 billion in claims against construction manager for breach of contract and negligence.
Won summary disposition for U.S. satellite manufacturer on its claims against European buyer, before the International Centre for Dispute Resolution (ICDR).
Following a five-week trial, obtained a unanimous verdict of no liability on contract and fraud claims on behalf of an aircraft manufacturer.

Appeals:
- Won affirmance of summary judgment for defendant major magazine publisher in connection with antitrust and tort claims seeking $1 billion in damages, before the Second Circuit.
- Won affirmance of dismissal of claims against successful bidder on New York City development project, before the Appellate Division, First Department.
- Successfully represented U.S. law firm before D.C. Court of Appeals, and ABA as amicus curiae before California Supreme Court and Ninth Circuit, on issue of dissolved law firms’ right to fees on hourly rate matters under “unfinished business rule.”

International arbitrations:
- Successfully represented European investor in dispute with U.S. fund, before the ICDR.
- Represented U.S. buyer in dispute with European seller of manufacturing business over ongoing indemnification obligations, before the International Chamber of Commerce (ICC).
- Represented developer of U.S. manufacturing facility in dispute alleging breach of manufacturing technology license agreement, before the ICC.
- Represented European partner of U.S. law firm in dispute alleging breaches of fiduciary duty under partnership agreements containing conflicting choice-of-law and arbitration forum clauses.

Other commercial litigation:
- Secured dismissal on summary judgment of plaintiff hospitals’ key claims for reimbursement on behalf of a major Medicaid managed care provider.
- Obtained successive restraining orders requiring major part supplier to continue to perform contract, resulting in favorable resolution of dispute.
- Following five-day domestic arbitration hearing, favorably resolved dispute between partners in hotel development project.
- Won dismissal of Lanham Act claims against corporate compliance services provider.

Corporate investigations:
- Represented senior executives and employees of European manufacturer in U.S. investigation concerning diesel emissions.
- Represented Swiss banks before the DOJ in Swiss/U.S. Program for Non-Prosecution Agreements resulting from DOJ probes into U.S. depositors’ offshore accounts, and conducted internal investigations at the banks.
- Represented a non-U.S. bank in an internal investigation of foreign exchange benchmark rate manipulation allegations.

Pro bono:
- As counsel to a certified class of New York City residents with disabilities, successfully negotiated key changes to the New York City Transit Authority’s paratransit application and appeal process to provide class members with greatly improved appeal procedures.