Phone: 212.620.2601
Fax: 212.620.2611
Email: jcuti@chwllp.com

Background

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, and GrubHub/Seamless, and individual corporate officers and directors. Matters include:
    • Narayanan v. Sutherland Global Holdings – Successfully represented corporate director against company in breach of contract suit.
    • Gregory Barton v. Martha Stewart Living Omnimedia, Inc. – Successfully defended public company against claim by former executive for benefits under an ERISA plan.
    • 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 InvestigationRepresented 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

  • 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.