Brett G. Canna

Partner

Brett Canna has a broad litigation practice, representing clients, including corporations and individuals, in connection with complex business disputes in both federal and state courts, and various forms of alternative dispute resolution, including arbitration and mediation.  His practice has a particular emphasis on business, breach of fiduciary duty, breach of contract, misrepresentation, fraud, judgment enforcement and art related disputes.  In addition, Mr. Canna has represented clients in connection with disputes involving professional malpractice, employment, securities, trademarks, copyrights, defamation and various other tort claims. 

Prior to attending Fordham University School of Law, Mr. Canna worked as a Research Analyst at Boston-based business consulting firms, where he assisted in developing business plans and conducting research for international business organizations.  After graduating from law school, he was employed as an attorney at business counseling and litigation boutique law firms in New York City before forming his own firm. Subsequently, Mr. Canna became partner at Robinson, McDonald & Canna LLP and then merged his practice with Enrique Liberman to form Liberman Canna LLP.  He was an arbitrator for several years for the New York City Civil Court and is currently an arbitrator for the Financial Industry Regulatory Authority (FINRA).

Representative Matters

• Represented shareholder in family-owned closely held multi-million-dollar corporate dispute involving claims of breach of fiduciary duty, faithless servant, misappropriation, unfair competition and intentional inference with business advantage.  After commencing action, participated in mediation that resulted in successful settlement in favor of client.
• Defended corporate and individual clients in federal action concerning claim of approximately two million dollars related to merchant credit card processing contracts and personal guarantee agreements.  Successfully settled action for fraction of amount sought under terms favorable to client, while securing third-party indemnification agreement for settlement payments and costs.
• Successfully represented client in litigation in relation to acquisition of valuable work of art placed for auction at major auction house and later claimed to be stolen.  Negotiated resolution in favor of client and to the satisfaction of the auction house.
• Successfully represented client in consolidated guardianship and fraud action, concerning multi-million-dollar dispute over family estate and guardianship of parent. Client awarded costs and attorneys’ fees, and sanctions imposed on adversary – award upheld on appeal.
• Represented former executive of global commodities firm in federal multi-district litigation following firm’s collapse.  Obtained dismissal of all claims brought against client.
• Litigated $40 million federal securities claims brought against private equity funds of a major money center bank.  Secured dismissal of federal claims and handled successful Second Circuit appeal.  Secured beneficial settlement of related New York State Supreme Court action.
• Successfully recovered remaining balance on mid-six-figure settlement of employment dispute.  Conducted three-day arbitration, obtaining award in client’s favor piercing corporate veil of respondent corporation.  Proceeded to convert award into judgment and commenced collection activities and post-judgment discovery.  Resulted in recovery of entire outstanding balance plus interest, costs and sanctions. 
• Represented Chinese conglomerate in $10 million trade contract litigation with U.S. buyer.  After discovery, obtained dismissal on jurisdictional grounds. 
• Successfully represented a publicly-traded apparel manufacturer in fraud, declaratory judgment, breach of contract and trademark infringement action involving JESSICA SIMPSON related trademarks.  Client claimed one hundred million dollar loss related to breach of licensee agreement by Jessica Simpson and master license holder. Responsible for drafting all motions and opposition papers to motions brought by the defendants, as well as the opposition to Ms. Simpson’s appeal of the denial of her motion to dismiss.  Motions included three motions to dismiss by defendants, one motion to dismiss counterclaims and a motion to amend the Complaint to add additional causes of action.  In addition, drafted motion for restraining order regarding sale of licensed products (motion withdrawn prior to Court submission).  All motions, and the appeal, were decided in client’s favor.  Conducted and defended numerous depositions of party officers and employees. Conducted and supervised extensive discovery including electronic discovery consisting of hundreds of thousands of pages of documents.  Representation resulted in favorable settlement for client.
• Represented client in NAFTA Chapter 11 claim involving international arbitration proceeding.  Client sought in excess of $8 million dollars due to actions taken by Québec Government related to termination of Authorization of Commerce. Client made a large monetary investment to start and build his outfitting business (fishing and hunting).  It was alleged that in violation of NAFTA the Québec Government revoked licenses to conduct business on various rivers within Québec, depriving client of the ability to service hundreds of, mainly American and European, clients.  It was also alleged that the Québec Government, discriminatorily and in violation of NAFTA, revised fishing licensing regulations to deprive client of the ability to obtain fishing licenses to service hundreds of American clients.  Claims were submitted to ad hoc arbitration under UNCITRAL rules and client ultimately favorably settled the claims.
• Represented defendant in shareholder dispute related to New York corporation and various other business dealings.  Reviewed all business agreements and company records related to dispute.  Successfully moved to compel arbitration on behalf of defendant.  Secured beneficial settlement of dispute post decision to compel arbitration.
• Represented plaintiff at the federal trial of legal malpractice action involving underlying dental malpractice action and defendants’ failure to properly seek all of plaintiff’s damages. After seven days of trial, obtained a favorable settlement for the client. 
• Represented client in a fraud action involving ownership rights and unauthorized sale of assets of video gaming company.  Dispute concerned improper sale of assets of U.S. subsidiary in a bankruptcy proceeding in New York, when assets had previously been purchased by client in the United Kingdom.  Client sought over $5 million dollars in damages.  Conducted significant document discovery, involving various disputes before Special Referee.  Successfully opposed motion to dismiss and obtained a beneficial monetary settlement for the client.
• Defended client in a breach of contract and fraud action related to a hedge fund’s fifty-million dollar investment in an insurance premium financing program.  Obtained a beneficial settlement for the client.
• Defended a large Mexican mining conglomerate in an action brought by a large international bank for breach of contract in relation to a $10 million dollar precious metals purchase and lease-back agreement and related guarantees.  Conducted and defended depositions of party executives and counsel related to transaction in question.  Conducted and managed extensive discovery including extensive electronic document review.  Obtained a favorable settlement for the client after completion of discovery.
• Represented a law firm in a legal malpractice action related to alleged negligent representation causing an international media conglomerate to lose tens of millions of dollars in tax benefits in relation to the construction of a five hundred million dollar office building in Manhattan.  Obtained a successful settlement on behalf of the client.
• Represented limited liability company member in derivative action related to claims of fraud and gross negligence concerning management of multi-million dollar Chinese non-performing loan portfolio.

Professional Associations And Memberships

• Association of the Bar of the City of New York
• New York State Bar Association

Practice Areas

• Art Litigation
• Civil Litigation
• Complex Commercial Litigation
• Employment
• Judgment Enforcement / Collection