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John R. Cuti

Areas of Practice

johncuti@dwt.com
(212) 603-6486

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John R. Cuti
Partner- New York, New York Office

Representative Experience

Litigation
Responsible for trials and appeals in a wide variety of cases, including:

In re Martha Stewart Living Omnimedia Securities Litigation – Managed mediation and settlement of $30 million class action suit, as General Counsel of MSLO

United States v. Martha Stewart and Peter Bacanovic – Trial counsel for Martha Stewart in criminal trial alleging securities fraud and obstruction of an SEC agency proceeding; principally responsible for successful defense of securities fraud charge

NYRealty LLC v. MortgageIT, Inc. – Trial counsel for defendant in successful defense against claims for $260 million for alleged breaches of contract and fiduciary duty

Friends of the HighLine v. City of New York – Won preliminary injunction preventing destruction of elevated railroad line to be used as public park on Manhattan’s west side, representing community organization and New York City Council

Jacobs v. Seminole County Canvassing Board – Trial counsel for petitioner in 2000 presidential election challenge to county absentee ballot application process as part of statewide Democratic Party challenge to Florida election process

McCain v. Powers; Rockefeller v. Powers – Counsel for 2000 and 1996 presidential candidates John McCain and Steve Forbes; successfully challenged New York State ballot access laws on First Amendment grounds

Witherspoon v. Rappaport – Won preliminary injunction against boxing promoter enabling two-time former heavyweight champion to contend again for the title

Media and Communications
As General Counsel of Martha Stewart Living Omnimedia, Inc., responsible for all legal matters including intellectual property transactions with major business partners, including Macy’s, KB Home, 1-800-Flowers, Mark Burnett Productions, and E. & J. Gallo wines; responsible for securities law compliance, employment law and litigation

Prior Experience
Secretary and General Counsel, Martha Stewart Living Omnimedia, Inc. (NYSE), 2005-2007

Secretary and General Counsel, MortgageIT Holdings, Inc. (NYSE), 2004-2005

Partner, Emery Celli Cuti Brinckerhoff & Abady PC, 1996-2004

Associate, Newman & Schwartz, 1994-1996

Staff Attorney, Neighborhood Defender Service of Harlem, 1990-1994

Memberships and Activities
Association of the Bar of the City of New York

Board of Trustees, Neighborhood Defender Service of Harlem

Recipient, Champion of Children and Families Award, 2007, Legal Information for Families Today

Recipient, Ethical New York Award, 2000, Common Cause

Education
J.D., cum laude, New York University School of Law, New York, NY, 1990

B.A., magna cum laude, University of Virginia, Charlottesville, VA, 1987






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