John R. Cuti is a seasoned trial lawyer and problem solver. He litigates commercial, defamation, securities-law and corporate-governance disputes, criminal matters, and a wide range of civil rights issues. Before founding Cuti Frisch PLLC, John was a founding partner at two boutique litigation firms, a partner at a national law firm, and the General Counsel of two public companies.
Education
J.D., New York University School of Law, 1990, cum laude
• Order of the Coif
B.A., University of Virginia, 1987, magna cum laude
Admissions
- New York
- U.S. Supreme Court
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the Southern, Eastern, Northern, and Western Districts of
New York
Professional and Community Activities
- Director, National Center for Access to Justice
- Association of the Bar of the City of New York
- Board of Trustees, Neighborhood Defender Service of Harlem
(2000 – 2013)
Professional Recognition
- Recipient, Champion of Children and Families Award, Legal Information for
Families Today, 2007
- Recipient, Ethical New York Award, Common Cause, 2000 (awarded for
significant achievements in ballot access litigation)
Representative Cases
Litigation
- Contract, employment, regulatory and other matters for sophisticated clients including IAC Interactive, Vimeo, Match.com, Martha Stewart Living, The Street.com, GrubHub/Seamless, and individual corporate officers and directors. Matters include:
- Narayanan v. Sutherland Global Holdings – Represented corporate director in District Court and in the Second Circuit, ultimately prevailing at trial, obtaining recovery far in excess of value of contract claim, and dismissal of Defendant's breach-of-fiduciary-duty claim.
- Icelandic Water Holdings, hf. – Successfully tried arbitration on behalf of Icelandic, resulting in dismissal of small investment bank's claim for additional compensation.
- Brodsky v. Match.com – Successfully represented Match.com in a putative
nationwide class action alleging RICO, consumer fraud, and contract
violations.
- Cope v. IAC Search, LLC – Successfully represented IAC Search in litigation
over $25 million acquisition of software company.
- Regulatory and Administrative Agency Proceedings for well-known New York
City catering and party planning entities.
Government Investigations
- Tax Incentives Investigation – Represented company in connection with
government inquiry into State tax incentive program.
- Confidential DOJ Investigation – Represented senior financial services executive
in connection with DOJ inquiry into trading practices at large financial institution.
- Moreland Commission Investigation – Represented parties in State government
investigation regarding lobbying and ethical issues.
- Matter of Merrill Lynch – Represented a Merrill Lynch senior executive in inquiry
by the New York Attorney General.
- Judicial Conduct – Represented New York State Court justices and judges
accused of judicial misconduct.
Civil Rights Litigation
-
Walden v. Kosinski, et al. – Representing candidate for Mayor of New York City in First Amendment challenge to provision of the Election Law severely burdening his access to the ballot.
- 2020 Presidential Election – Participated with national team of lawyers advising
state attorneys general on constitutional and state-law issues regarding election
administration, ballot canvassing and counting, recounts, and election contests.
- Estate of Kurt Doerbecker et al. v. Nassau County et al. – Successfully
represented estate and family of 23-year-old man who was fatally shot in the
back of the head by a Nassau County police officer in a federal civil rights and
wrongful death suit.
- Luke Herrine and Leo Gertner – Successfully represented NYU School of Law
students in First Amendment challenge to subpoenas.
- Third Church of Christ, Scientist v. City of New York – Obtained a permanent
injunction under the Religious Land Use and Institutionalized Persons Act against
the New York City Department of Buildings.
- Friends of the HighLine v. City of New York – Won a preliminary injunction on
behalf of the New York City Council preventing the destruction of an elevated
railroad line that has since been converted into a unique public park.
- Jacobs v. Seminole County Canvassing Board – Trial counsel in a challenge to
the Seminole County absentee ballot application process as part of the statewide
Democratic Party challenge to the 2000 presidential election in Florida.
- McCain v. Powers; Rockefeller v. Powers – Successfully represented 2000 and
1996 presidential candidates John McCain and Steve Forbes in constitutional
challenges to New York's ballot access laws.
Criminal Litigation
- United States v. Martha Stewart and Peter Bacanovic – Trial counsel for Martha
Stewart in a criminal trial alleging securities fraud and obstruction of an SEC
agency proceeding.
- People of the State of New York v. Anthony Marshall – Trial counsel and Lead
appellate counsel for Ambassador Marshall in fraud and larceny case regarding
his mother, Brooke Astor.
- People of the State of New York v. Ronald Meadow – Obtained reversal of
murder conviction in the Appellate Division, Fourth Department; represented
defendant at retrial.
Advice Regarding Unwanted Media Coverage
- Brett Kavanaugh Hearings – Defamation and public relations advice to key figure
in Brett Kavanaugh Senate Confirmation Hearings.
- Finance Executive – Defamation and public relations advice to prominent finance
executive.
- General Counsel – Advised General Counsel of well-known company regarding
successful effort to persuade major newspaper to omit him from negative story.
- High-profile Entrepreneur – Defamation and public relations advice to prominent
founder of global business.
General Counsel Experience
MortgageIT Holdings, Inc.
2004-2005
Member of senior management team of publicly traded mortgage REIT (NYSE: MHL) that has since been acquired by Deutsche Bank.
Martha Stewart Living Omnimedia, Inc.
2005-2007
Member of senior management at publicly traded corporation with publishing, internet, television and merchandising businesses.