A.J. Monaco Partner

Mr. Monaco is an experienced commercial and employment litigator and business counselor known for handling intricate and sensitive legal matters and providing effective solutions in challenging situations.  A skilled communicator with a talent for conveying compelling narratives orally and in writing, Mr. Monaco is trusted by clients for making tough decisions and executing strategic plans with precision, and esteemed for his professionalism and integrity by peers, neutrals, and opponents alike.  Since joining O’Brien LLP in October 2011, Mr. Monaco has represented cutting edge technology companies, e-commerce retailers, investment and commercial banks, private equity funds, hedge funds, and individuals in a wide array of employment and commercial matters, including breaches of contract, disputes involving fraud, breaches of fiduciary duty and other business torts, wrongful termination actions, and defamation proceedings, among others.  Mr. Monaco also has extensive experience with jury trials, bench trials and arbitration proceedings.

Prior to joining O’Brien LLP, Mr. Monaco worked at Sullivan & Cromwell, LLP, helping corporations and financial institutions respond to governmental investigations.

NOTABLE REPRESENTATIONS

• A hedge fund and its principal as an essential team member in two high-stakes and high-profile trials defending against breach of contract accusations brought by former employees and asserting counterclaims for breach of fiduciary duty and defamation.
• A leading, California-based e-commerce and brick-and-mortar retailer. Resolved a defamation dispute in New York state court, effectively navigating intricate legal challenges. Secured dismissal of all claims and obtained an award of attorneys’ fees in a separate matter.
• An industry-leading global technology company, achieving dismissal of various business tort allegations in New York state court. Prevented deposition of non-party witnesses and safeguarded sensitive information in separate actions across state and federal courts.
• A global retail and investment bank in numerous employment and business tort matters, securing dismissals without liability in multiple state and federal actions in New York. Resolved numerous other actions prior to litigation, reflecting a proactive approach to legal challenges.
• A prominent New York-based fintech company, including as lead counsel in high profile litigation generating significant press coverage and helped to secure a successful resolution. Provide ongoing advice regarding employment and business issues and contract negotiations.
• A Broker-Dealer and its principal as lead trial counsel in a dispute with a former employee resulting in victory on affirmative claims for conversion and complete dismissal of counterclaims for defamation and violation of New York’s Labor Law counterclaims.
• An independent investment bank in several fee disputes with former clients, obtaining several arbitration awards in client’s favor.
• A private equity firm and its principal against a former executive employee who alleged breaches of contract and fiduciary duty in a dispute that spanned State and Federal Courts in three states. Successfully resolved the matter by obtaining a complete dismissal of all claims against the client.
• A hedge fund manager in a jury trial in Alabama, defending against breach of contract claims and pursuing claims of fraud and breach of fiduciary duty against a well-known public REIT. Obtained a verdict of $12.7 million, including punitive damages, and dismissal of all claims asserted against the client.

NOTABLE DECISIONS

• Raparthi v. Clark, 214 A.D.3d 613 (1st Dep’t 2023): Drafted appellate brief and conducted argument obtaining affirmance of summary judgment grant on affirmative claims and dismissing Labor Law counterclaim, establishing precedent on contentious Labor Law issues.
• De Cespedes v. Weil, 2021 WL 495752 (Sup. Ct. N.Y. Cty. Feb. 10, 2021): Successfully opposed motion to dismiss complaint alleging various intentional torts, including the second ever successful invocation of New York City’s Victims of Gender-Motivated Violence Protection Law.
• Ho v. Pierpont Reservations Ltd., 2020 WL 1644008 (S.D.N.Y. Apr. 2, 2020): Defended complaint asserting creative claims against a motion to dismiss in a case reported on by the New York Post.
• Barclays Capital Inc. v. Carreras., 225 A.D.3d 463 (1st Dep’t 2024): Drafted appellate brief and conducted argument on behalf of bank obtaining affirmance of judgment obtained against former employee.
• PWV Consultants LLC v. Chebil Realty LLC, 2022 WL 562220 (S.D.N.Y. Feb. 24, 2022): Drafted successful objection to District Court of Magistrate Judge’s discretionary decisions.

Published Works

Recent NY Appeals Court Rulings Clarify How Fund Managers May Pursue Former Employees for Breach of Fiduciary Duty and Improper Use of Performance Record,” The Hedge Fund Law Report, Vol. 9, No. 49 (December 15, 2016), by Sean R. O’Brien, A.J. Monaco and Michael Ahern.

“Defend Trade Secrets Act Provides Hedge Fund Managers With Protections for Proprietary Trading Technology and Other Trade Secrets,” The Hedge Fund Law Report, Vol. 9, No. 25 (June 23, 2016), by Sean R. O’Brien and A.J. Monaco.

How Can Hedge Fund Managers Protect Themselves Against Trade Secret Claims?,” The Hedge Fund Law Report, Vol. 7, No. 19 (May 16, 2014), by Sean R. O’Brien, Sara A Welch and A.J. Monaco.