Joseph T. Baio

Partner

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8203
F 212 728 9203
jbaiowillkie.com

Joseph T. Baio is a partner in the Litigation Department and Chair of the Complex Commercial Litigation Practice Group. Joe regularly tries cases. He has represented our corporate and individual clients in cases tried before juries, judges and administrative panels in a full array of high profile business disputes, including claims involving violations of the federal securities laws, breach of contract, fraud, ERISA, breach of fiduciary duty, copyright infringement, tax liability, professional malpractice, fraudulent conveyance and not-for-profit law, among others.  Joe has been recognized by Best Lawyers in America (2013-2017) for his work in the area of Commercial Litigation.

Highlights

Joseph T. Baio is a partner in the Litigation Department and Chair of the Complex Commercial Litigation Practice Group. Joe regularly tries cases. He has represented our corporate and individual clients in cases tried before juries, judges and administrative panels in a full array of high profile business disputes, including claims involving violations of the federal securities laws, breach of contract, fraud, ERISA, breach of fiduciary duty, copyright infringement, tax liability, professional malpractice, fraudulent conveyance and not-for-profit law, among others.  Joe has been recognized by Best Lawyers in America (2013-2017) for his work in the area of Commercial Litigation.

Selected Significant Matters

  • Agence France Presse v. Daniel Morel v. Getty Images, Inc., et al. (S.D.N.Y., Nathan, J. 2013): Jury trial. Represented photojournalist Daniel Morel in copyright infringement case that arose out of the misappropriation by major news organizations of photos that were taken in the immediate aftermath of the catastrophic 2010 earthquake in Haiti. Jury awarded the maximum statutory damages that the court allowed for copyright infringement for eight photographs -- $1.2 million.
  • Champion Enterprises, Inc. v. Credit Suisse, Individually and as Agent for Various Participating Lenders (Del.D. Ct. Del., Bank. C., 2009-2012): Lead trial counsel for Credit Suisse in fraudulent conveyance and lender liability action. Principal claims dismissed on motion to dismiss.  Trial completed before Chief Judge Kevin Gross.  In August 2012, all remaining claims were dismissed against Credit Suisse with prejudice.
  • Arista Records LLC, et al. v. Lime Wire LLC (S.D.N.Y, Wood, J., 2010-2011): Jury trial. Represented defendant Lime Wire and its founder in damages phase of multibillion-dollar trial against the major record companies for inducing copyright infringement. Obtained favorable settlement during second week of trial following cross-examination of CEO of Warner Music Group.
  • State of New York v. WRBC, et al. (Adm. Tax Court, 2009-10): Lead counsel in trial over petitioners alleged responsibility for sales tax and penalties in connection with multi purchase and operation of Corporate Aircraft. Petitions granted, no tax liability for clients.
  • Various SEC, US Attorney, FINRA and Attorney General Investigations (1987-Present): Represented corporate and individual clients in dozens of governmental investigations and proceedings over the last twenty-five years.
  • In re Cast Art (New Jersey Superior Court, Middlesex County, Paley, J.): Lead counsel for defendant in five-week accountant-malpractice jury trial.  The New Jersey Supreme Court, in a unanimous opinion, reversed and remanded judgment awarded plaintiffs and directed dismissal of the case in its entirety.
  • Fishman v. Zurich Supplemental Executive Retirement Plan (Federal District Court, Northern District of Illinois, Shadur, J., 2005-08): Lead counsel representing defendant and counterclaimant in ERISA litigation challenging "Top Hat" status of SERP. Summary judgment granted dismissing complaint and awarding judgment on client’s counterclaim.
  • Dayton Power and Light Corp. v. Forster, et al. (Ohio State Court, O’Connell, J., 2005-07): Month long jury trial. Chief trial lawyer for former CEO in litigation over company’s claim for $150 million and client’s counterclaim for benefits and alleged breach of fiduciary duty. Settled before jury deliberations with payment of $25 million to client and co-defendants.
  • In re Cablevision Securities Litigation (NY State Court, NY Federal Court and Delaware Chancery Court, 2006-08): Representation of various Committees of Cablevision’s Board of Directors in connection with class action litigations and derivative suits arising out of a series of proposed multi-billion dollar transactions.
  • Verizon Directories Corp. v. Yellow Book USA, Inc. (E.D.N.Y., Weinstein, J., 2004): Co-counsel for defendant in two-month bench trial. Judge awarded plaintiff no damages in Lanham Act case alleging unfair trade practices.
  • In re Oxford Securities Litigation (2002-2003): Lead trial counsel for accounting firm defendant in multi billion dollar class action litigation. Settled favorably during jury selection.
  • The Hartford Art School, Inc. v. University of Hartford (2002): Lead counsel for the plaintiff after month-long trial in matter involving ownership and use of multi million dollar Endowment Fund. Verdict and judgment for client following trial.

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