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Jamie M. Brickell

Jamie M. Brickell is a partner in Pryor Cashman's Litigation Group. During his 24-year career, Jamie has handled a variety of complex commercial cases. His experience includes matters relating to antitrust, securities fraud and RICO, intellectual property, corporate, partnership and joint venture litigations, as well as disputes concerning non-compete agreements and the protection of proprietary information and materials. Jamie has successfully handled numerous bench trials, jury trials and arbitrations. He has also conducted and concluded complex and multi-party mediations and settlement negotiations.

Over the past decade, Jamie has represented plaintiffs in commercial litigations in a number of areas, including breach of written and oral contracts, earnout disputes, fraudulent inducement claims and claims concerning the rights of parties in partnerships and closely held corporations.

Of particular note, Jamie obtained two significant decisions against public companies within the past four years, both of which involved claims that an acquiring company failed to act in good faith to the detriment of the seller, thereby depriving it of substantial earn out payments.

In 2002-03, Jamie represented the plaintiffs in a breach of contract and fraud dispute involving the sale of a medical program for the treatment of prostate cancer. After a five-week federal court trial, Jamie's clients received a $58 million unanimous jury verdict. The matter settled after trial and the terms of the settlement are confidential, but the verdict was the fourth largest in New York State and the 30th largest in the United States for 2003. To read press coverage of this victory, please click here. 

In December 2007, Jamie obtained a $12.7 million arbitration award on behalf of the former shareholders of CryoGen, Inc. (CryoGen) against American Medical Systems Inc (AMS), which award included in excess of $1 million in legal fees and costs. The AAA arbitration panel concluded that AMS failed to use “commercially reasonable” effort in its development and exploitation of CryoGen’s “Her Option” product. The panel also summarily dismissed AMS’ purported fraud counterclaims immediately after the conclusion of the two week arbitration conducted in Chicago in July 2007. Pryor Cashman's clients in the matter included JHK Investments, Kleiner Perkins and Invesco.

Among his other recent significant plaintiffs' decisions are:

• Friars Club litigation: Obtained summary judgment and an affirmative injunction for The Friars Club in a Lanham Act and Anti-Dilution lawsuit against Defendants 9900 Santa Monica, Inc. and Darren Schaeffer in the U.S. District Court for the Central District of California. In a September 4, 2007 decision, the Court found actual confusion on the part of the consuming public and blurring between the two organizations, and that The Friars Club had acquired “secondary meaning.” The Court also relied on the fact that Defendants admitted that the name “Friars” is a “luxury brand,” that “everybody knows the Friars in the Country,” and that the “Friars” name is “a legacy” and “historic” in concluding that Defendants “intended to capitalize on the ‘Friars’ name by emulating it in every aspect.” As the Court ruled: “In short, Defendants are using a mark (used by [The Friars Club] for over a hundred years) to identify a social club that is for all intents and purposes modeled after Plaintiff’s historic club.” Such “free riding on the investment of [The Friars Club] must now come to an end.” To read the decision in its entirety, please click here.
• TMS Entertainment, LTD (TMS): After a one week bench trial in the Southern District of N.Y., U.S. District Judge George Daniels in an April 9, 2007 decision found in favor of Pryor Cashman’s Japanese client, TMS Entertainment, LTD, a producer of animated television programs in Japan, and awarded TMS $1.5 million in damages, interest, fees, and costs on an unjust enrichment theory against BKN Entertainment, Inc., a U.S. company that produced and marketed children’s animated programming. Although Judge Daniels originally dismissed all of TMS’s various claims premised on contract theories, the Court did not dismiss its catch-all unjust enrichment claim, and Pryor Cashman was able to demonstrate at trial that, in spite of the elaborate legal stratagems employed by the defendants, BKN was enriched at TMS’s expense in a manner that was inherently unfair.
•  3D Media v. FloorGraphics: A two-week breach of contract arbitration on behalf of the claimant in an advertising industry dispute led to an arbitration award in excess of $2.8 million in 2005, which award was fully confirmed after motions before Judge Sprizzo of the U.S. District Court for the Southern District of New York
• Maymin v. Fuji:. A breach of oral contract litigation against Fuji Bank in 2001-02 requiring numerous depositions in the U.S. and Asia. After successfully defending extensive motions for summary judgment, Jamie and co-counsel were able to extract a multi-million dollar settlement on behalf of plaintiffs

Jamie has also successfully defended claims asserted against clients. Most recently, Jamie obtained an arbitration award on behalf of a major pharmaceutical client denying all claims made by a major bank in a dispute arising out of the bank’s claim for a $750,000 fee, plus warrants and costs. In the arbitration, the bank claimed that it had earned a fee as a result of the pharmaceutical company’s successful completion of a private placement, in which a third party acted as placement agent. The arbitrator rejected the bank’s contractual claim in its entirety.

Other noteworthy defense litigations successfully handled by Jamie include:

• Lisa Marie v. Altshuler et al.: A decision to grant the firm’s motion to dismiss a state court action against a California attorney and business manager based on lack of personal jurisdiction was affirmed by the New York Supreme Court, Appellate Division, First Department, in 2006
• Robocom UK v. Robocom: A three-day arbitration in London led to a May 2006 verdict in favor of client Robocom, with all of claimant’s claims dismissed, an award of a portion of Robocom’s counterclaims, plus costs 
• FDIC v. Boyarsky: Jamie represented one of the defendants in a federal court litigation by the FDIC against the former directors of the First New York Bank for Business; while the terms are confidential, the client settled during trial for a modest fraction of the amounts sought. The trial against the remaining defendants ended in a mistrial and had to be re-tried in its entirety 
• Pioneer/Carolco: Jamie served as lead bankruptcy counsel for Pioneer Electronics in various disputes arising out of the Carolco Pictures bankruptcy in the Central District of California; Pioneer settled for a very small percentage of the claims asserted 
• DeClememente v. Columbia Pictures: Working with senior partner, Steve Huff, Jamie represented Sony/Columbia in a two-week federal court trial in defense of trademark and right of publicity claims arising out of the Karate Kid films; the trial ended with a directed verdict for the firm's clients 
• NFL Antitrust Litigation: Jamie led the discovery team on behalf of NFL Properties, working together with representatives of the NFL and the NFL Management Counsel, in the logo/licensing antitrust litigation brought by the NFL Players Association in the early 1990's 

Jamie has also counseled a number of clients in the music, television, motion picture, agent representation, sports and sports management industries on questions relating to intellectual property rights and contracts.

Jamie has spent his entire professional career at Pryor Cashman, as a summer associate in 1982, as a litigation associate from 1983 through 1990, and as a litigation partner from January 1991 to the present. He currently serves on the Infrastructure ("I") Committee and is the assigning partner for the Litigation Group.

Jamie is AV Peer Review rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability.

Professional Affiliations

• New York State Bar Association

Other Activities

• Jamie and his family have participated in a number of Hurricane Katrina-relief efforts, including three trips to New Orleans/Baton Rouge to bring supplies to FEMA trailer camps and community outreach programs.