Kucker & Bruh, LLP: Catherine A. Helwig

Catherine A. Helwig

Ms. Helwig is a partner in the K&B firm. She is a senior attorney whose extensive experience encompasses civil litigation, including the prosecution and defense of complex civil actions in state and federal courts, and all aspects of litigation from the taking of, and response to pretrial discovery, through the prosecution of bench and jury trials, petitions for provisional relief, petitions for injunctive relief, procedural and substantive motions, briefing and arguing appeals, and multi-jurisdictional litigation. Her practice areas also include business transactions and disputes, administrative law, employment law and employee benefits.

Ms. Helwig is admitted to practice in all of the trial and appellate courts in New York. In addition, she is a member of the bar of the following federal courts: Supreme Court of the United States, U.S. Court of Appeals for the Second Circuit, and U.S. District Courts for the Southern and Eastern Districts of New York. In addition to the portion of her practice which centers on judicial proceedings in state or federal court, Ms. Helwig has conducted innumerable commercial arbitrations, federal securities law arbitrations, and private non-binding mediations.

Ms. Helwig received her undergraduate degree from the State University of New York at Buffalo (B.A., l983), and her graduate Juris Doctor degree from New York Law School (l986), where she was a member of the Human Rights Annual Law Review. She was an equity shareholder in the Snow Becker Krauss P.C. law firm from January 1998 until joining the K&B firm in June 2003. She is a member of the Assoc. of the Bar of the City of New York.

Reported cases in which Ms. Helwig has appeared include the following in which key decisions were rendered: South Pierre Associates v. Meyers, Civ.Ct. N.Y.Co. Index No. 300023 TSN 2006, 2006 NY Slip Op 26208, 2006 N.Y.Misc. LEXIS 1278 [Hagler, J., May 24, 2006) [court denied defendant's CPLR 3212 motion for dismissal of the action because allegedly there were no damages to support the prior liability award (discussed below); court ruled that, as a disloyal employee, defendant may be "subject to severe penalties such as the forfeiture of all compensation plaintiffs paid for the period of his disloyalty . . . even if plaintiffs cannot prove any damage or loss arising out of Meyers' admitted culpable conduct." In practical terms, this would result in the employee's disgorgement of many thousands of dollars in wages he accepted while acting in violation of his duties of loyalty; court also ruled defendant may be liable for punitive damages on the breach of fiduciary duty claim]; South Pierre Associates v. Meyers, Sup.Ct. N.Y.Co., Index No. 105682/05 (DeGrasse, J., Jan. 13, 2006) [pre-discovery CPLR 3212 motion resulted in award of liability against defendant on all claims including fraud, breach of employee's duty of loyalty to his employer and negligence; court ruled summary judgment was appropriate based on two affidavits by defendant in another action in which he [inadvertently] admitted all of the facts necessary to establish liability to his employers by having acted contrary to their interests while receiving their wages; defendant's efforts to recant the prior sworn statements in other action were unsuccessful; court transferred case to Civil Court for assessment of damages]; Water Street Leasehold LLC v. Deloitte & Touche, LLP, 2004 NY Slip Op 51260U; 5 Misc. 3d 1008A; 798 N.Y.S.2d 714; 2004 N.Y. Misc. LEXIS 1896 (Sup.Ct., N.Y. Co., Apr.19, 2004) [trial court upheld complaint which accused defendant accountants of third party liability for fraud and negligence in having certified as accurate the financial statements of insurance company which became insolvent and failed to pay a $1.1 million debt under a real estate lease], rev'd on other grounds, 796 N.Y.S.2d 598 (1st Dep't June 14, 2005); Stewart v. NYNEX Corporation and Bell Atlantic Corporation, 78 F.Supp.2d 172 (S.D.N.Y. 1999) [employment law, Portability Act and ERISA; nationwide class action]; McCamphill v. NYNEX Corporation, et al., 92 Civ. 0862 (LJF), 1993 U.S. Dist. LEXIS 4831 (S.D.N.Y., Apr. 12, 1993) [employment law, Portability Act and ERISA nationwide lawsuit]; Rossi v. Lin, 189 A.D.2d 868, 592 N.Y.S.2d 976 (2nd Dep't 1993) [Appellate Division affirmed favorable ruling under CPLR 3126]; Boyle v. Revici, 961 F.2d 1060 (2nd Cir. 1992) [successful reversal on appeal of adverse judgment of $1.3 million]; Chabad v. Gourary, 833 F.2d 431 (2nd Cir. 1987) [replevin action by a synagogue to recover possession of rare books in possession by defendants who were the heirs of a deceased rabbi]. Prior results do not guarantee a similar outcome.

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