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Richard C. Seltzer

Organization: Kaye Scholer LLP
Title: Partner, Litigation Department; Chair, Real Estate Litigation Group; Patent Litigation Group
Address: 425 Park Avenue New York, New York  10022-3598 (New York Co.)
Telephone: (212) 836-8402

Overview: Richard C. Seltzer Richard Seltzer is a Partner in the Litigation Department and Chair of the Real Estate Litigation group. He is also a member of the firm's Patent Litigation group. In his 25 years of litigating real estate matters, he has represented major developers, large commercial landlords, large commercial tenants, and major real estate brokerage firms. He has acted as counsel to Olympia & York when it was the largest landlord in North America, handling construction, landlord-tenant and rental disputes; the Corcoran Group, the largest residential broker in New York, winning a $4 million victory against Donald Trump involving a brokerage fee dispute*; and JPMorgan Chase, defeating David Boies at trial in a successful defense of tenant rights in vacating a major leasehold. Mr. Seltzer also successfully handled a tax certiorari case for the Town of Clarkstown (New York) involving one of the largest regional malls in the U.S. He has successfully handled construction litigation (delays and defects), major lease disputes, contested appraisals, brokerage disputes for brokers and for developers, "time is of the essence" litigation, leasehold disputes involving operating expense escalation clauses, porters' wage disputes, management fee disputes, successfully representing at different times both landlords and major tenants. He has had notable successes in the enforcement of contract rights in real estate matters, including the representation of Wallace Partners in a case that defined the rules for interpreting long-term real estate contracts. In a unanimous decision, the New York Court of Appeals confirmed that a lease must be strictly construed without resort to extrinsic evidence. As one of the leading arbitration lawyers in the firm, he has lectured and written about the advantages and disadvantages of arbitration and other forms of alternative dispute resolution. Patent Litigation Building on a strong science background, Mr. Seltzer has successfully litigated major patent cases and other matters involving complex technology. One patent case, involving a monoclonal antibody ( Xoma v. Centocor ) was the largest biotech jury trial in the U.S. Other cases handled by Mr. Seltzer have involved patents for medical devices and pathogen inactivation. In 2004, Mr. Seltzer won a jury verdict of infringement of a patent for laser-guided non-contact thermometers. The jury found "willfulness" and the court trebled the damages and awarded attorneys fees. *Writing about the Trump litigation in her 2003 autobiography, Barbara Corcoran, the founder and chairman of the Corcoran Group, declared "Before finding Richard Seltzer at Kaye Scholer LLP, we interviewed the best litigators at other top New York law firms but none of them measured up to Richard Seltzer." Membership(s) Association of the Bar of the City of New York (Federal Legislation Committee) American Bar Association New York Intellectual Property Law Association News April 19, 2011, Kaye Scholer Fraud Litigation Jury Trial Ranked In Top 100 Verdicts of 2010 Publications July 11, 2007, "'Yellowstone' Litigation: Case Can Support Landlords Who Play Offense," New York Law Journal, Co-author Media July 11, 2007, Richard Seltzer Co-Authors Article on Case Curtailing Yellowstone Injunctions Rankings September 21, 2010, 62 Lawyers from Kaye Scholer Recognized by Super Lawyers October 8, 2009, 64 Lawyers from Kaye Scholer Recognized by Super Lawyers
Practice Areas: Intellectual Property; Real Estate Litigation; Arbitration; Patent Litigation; Canada
Admitted: 1968, New York; U.S. District Court for the Southern and Eastern Districts of New York; U.S. Court of Appeals for the Second and Fifth Circuits; U.S. Supreme Court
ISLN: 903856162
FAX: 212-836-8689