Hon. Bernard J. Fried (Ret.) joins JAMS after serving for over eight years as a justice of the Commercial Division of the New York State Supreme Court of New York County. His judicial career spanned 32 distinguished years on the New York state bench, first in the New York City Criminal Court, later in the Bronx County Supreme Court, and most recently in the New York County Supreme Court. Widely regarded for his keen intellect, passion for the law and leadership, unparalleled dedication to the legal profession and public service, Justice Fried consistently demonstrates the highest level of judiciousness, integrity, and compassion.

In addition to his judicial service, Justice Fried has contributed to a variety of legal education programs, including the Federal Bar Council Winter Meetings, the International Moot Courts in The Hague, and the Asia-Pacific Economic Cooperation Meeting in Singapore. For 28 years, he shared his vast expertise with aspiring attorneys in his role as Adjunct Professor at Brooklyn Law School. 

Experience and Qualifications

Justice Fried presided over numerous hearings and trials involving a wide variety of issues including:

• Business/Commercial: Breach of contract, conversion, corporate governance, franchise, fraud, licensing, mergers & acquisitions, partnership/joint venture, breach of fiduciary duty, breach of covenant of good faith and fair dealing, fraud, negligent misrepresentation, shareholder rights, trade secret, and unfair competition disputes
• Construction: Disputes involving construction of manufacturing facilities, office buildings, public construction, residential buildings, and shopping malls
• Employment: Breach of employment contract, employee benefits and executive compensation, non-competition, trade secret, wrongful termination claims, and executive employment and consulting agreements
• Insurance: Coverage, directors and officers, reinsurance, and subrogation
• Professional Liability: Accounting and legal malpractice claims 
• Real Property: Commercial real estate transactions involving sales and purchase agreements, construction, foreclosures of commercial buildings, and commercial leases

Representative Matters

Significant trials/hearings before Justice Fried, include the following:

• Stop & Shop Supermarket Co. v. Voranado Realty Trust, 33 Misc. 3d 1219(A) (post trial decision) (2012); 10 Misc. 3d 1062(A) (summary judgment decision), affd. 35 AD3d 241 (2006): nine-day nonjury trial involving Stop & Shop’s obligations under a master lease and guaranty which provided for certain rental increases to be paid by non-party bankruptcy debtor Bradlees, and gave Vornado the right to reallocate the rental increases
• Wilmington Trust Co. v. Strauss, #601192/2003 (post trial decision) [NYCEF Doc. 281 (2008)]; 13 Misc. 3d 1231(A) (summary judgment decision), affd. 45 AD3d 443 (2007): nonjury trial by servicer-trustee under a guaranty by the principal owner and CEO of Westwind Holding, Inc., which owned and operated a large number of Burger King franchises in Florida, North Carolina, Oregon, and Washington
• Aon Risk Services v. Cusack, 34 Misc.3d 1205(A) (2011): post hearing decision concerning request for preliminary injunction, following a systematic and coordinated raid by defendant, and his new employer, on the clients and employees of the plaintiff’s Construction Services Group 
• Imaging International, Inc. v. Hell Graphic Systems, Inc., 11 Misc. 3d 1072(A) (post jury trial decision on motion to set aside special verdict); 17 Misc.3d. 1123(A) (post special verdict nonjury damages decision), affd. - nonjury, affd. 60 AD3d 450 (2009): jury trial on claims of fraudulent misrepresentations, followed by nonjury damages trial 
• Anderson v. Weinroth, 13 Misc. 3d 1204(A) (post trial decision), modified 48 AD3d 121 (2007): nonjury trial in action among partners in a merchant banking business, alleging claims against each other including fraud, breach of fiduciary duty, breach of contract, conversion, and unjust enrichment
• Misys International Banking Systems, Inc. v. TwoFour Systems, 6 Misc. 3d 1004(A) (2004): post hearing decision on request for a preliminary injunction, against the developer of a software system and other, to enforce restrictive covenants prohibiting competition and solicitation of customers and employees
• Manhattan Eye, Ear & Throat Hospital v. Spitzer, 186 Misc. 2d 126 (1999): thirteen-day nonjury trial on petition by a not-for profit charitable hospital for authorization to sell its real estate assets, which would have resulted in the closure of the hospital (see also related decision in 64th Associates, LLC v. Manhattan Eye, Ear & Throat Hospital, 11 Misc. 3d 1067(A) on remand from the Court of Appeals, 2 NY3d 585)

Significant matters before Justice Fried, include the following:

• ACP Master, Ltd. v. Vitro S.A.B. de C.V., 34 Misc. 3d 1201(A), affd. 93 AD3d 565 (1st Dept. 2012): case involving plaintiffs, amongst the noteholders of $1.2 billion in notes issued by Vitro SAB, a holding company organized under the laws of Mexico, and one of Mexico’s largest glass manufacturers, which filed for bankruptcy in Mexico, followed by a Chapter 15 proceeding in the United States Bankruptcy Court. Summary judgment issue was whether the obligations of the defendants, non-debtor Guarantors, were discharged pursuant to the indenture, which was governed by New York law. (Among the numerous related actions was Wilmington Trust v. Vitro Automotriz, S.A. De C.V., 33 Misc. 3d 1231 - plaintiff’s motion for partial summary judgment and defendants’ motion to dismiss)
• Global Reinsurance Corporation - U.S. Branch v. Equitas LTD., 18 NY3d 722 (2012) rev’g 82 AD2d 26, rev’g 24 Misc. 3d 264: action under New York’s antitrust laws (“Donnelly Act”) by reinsurer, purchaser of non-life retrocessional reinsurance through Lloyd’s syndicates
• People ex. rel. Cuomo v. Wells Fargo Ins. Services, 18 Misc. 3d 1117(A), affd. 62 AD 3d 404, affd. 16 NY 3d 166: 2011 complaint brought by New York Attorney General against insurance broker alleging breach of fiduciary duty and fraud
• Sullivan & Cromwell LLP v. Chaney, 15 Misc. 3d 1128 (A) (2007): request for a preliminary injunction in case involving law firm associate’s alleged breach of confidentiality agreement
• Biosynexus, Inc. v. Glaxo Group, Ltd., 11 Misc. 3d 1062(A), modified 40 AD 3d 384 (2007): application for preliminary injunction enjoining defendant, plaintiff’s co-venture, from transferring confidential information concerning pharmaceutical technology 
• Invar International, Inc. v. Zorlu Enerji Elektrik Uretim Anonim Sirketi, 32 Misc. 3d 1216 (A) (2010): application for a temporary restraining order and preliminary injunction in aid of arbitration pending in Switzerland; primary issue was whether service on respondent’s American lawyers violated the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters, Nov. 15, 1965, 658 U.N.T.S. 163 (Hague Service Convention)
• MBIA Ins. Co. v. GMAC Mortgage LLC, 30 Misc. 3d 856 (2010): motion by vendor of residential mortgage-backed securities (aggregating $4.399 billion) to dismiss claims of fraud, negligent misrepresentation, and breach of covenant of good faith and fair dealing, brought by monoline insurer
• U.S. Bank, N.A. v. Greenpoint Mortgage Funding, Inc., 26 Misc. 3d 1234(A) (2010): breach of contract action involving Sales Agreements relating to the securitization of at least 30,000 home equity lines of credit and other home mortgage loans (total value at least $1.8 billion)
• MBIA Ins. Co. v. Residential Funding Co., LLC, 26 Misc. 3d 1204(A) (2009): action concerning securitization of some 60,000 mortgage loans; motion to dismiss claims for breach of the implied covenant of good faith and fair dealing, and various other causes of action, including a request for punitive damages
• People v. Thain, 24 Misc. 3d 377 (2009): petition by Attorney General to compel production of information about nearly $3.6 billion in bonuses awarded by Merrill Lynch & Co., Inc. on the eve of its merger with Bank of America Corporation
• Honeywell Intl. Inc. v. Northshore Power Systems, LLC, 32 Misc. 3d 1223(A), affd. 96 AD3d 581 (2012): decision concerning a liquidated damages provision in the amount of $21 million, as not an unenforceable penalty. (See also, Wells Fargo Bank Northwest, N.A. v. US Airways, Inc., 33 Misc. 3d 1231 (2011) [liquidated damages clause in aircraft lease agreements])
• Central Laborers’ Pension Fund, derivatively on behalf of The Goldman Sachs Group v. Blankfein, 34 Misc. 3d 456 (2011): application for attorney fees and expenses in derivative action over bonuses Goldman planned to distribute - 50% of its net revenues - after it received government bailouts, which suit was agreed to be dismissed when the bonuses were reduced to 38% of net revenues
• Moses Productions, Inc. v. Sweetland Films, B.V., 12 Misc. 3d 1158(A) (2006): proceeding over disagreement on how to edit Woody Allen’s films for broadcast on network television, pursuant to a settlement agreement reached during an earlier trial
• Allied Irish Banks, PLC v. Young Men’s Christian Association of Greenwich, 36 Misc. 3d 216 (2012): motion for summary judgment in lieu of complaint on interest rate swap agreement

Honors, Memberships, and Professional Activities

• Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
• Member, New York State Chief Judge's Judicial Advisory Committee on Evidence, 2016 - present
• William Nelson Cromwell Medal, “for unselfish service to his profession and the community”, New York County Lawyers' Association, December 2015
• New York Unified Court System’s First Judicial Excellence Lifetime Achievement Award on Law Day, 2012 
• Law Secretaries and Law Assistants Collegium, Inc. Award, 2012
• Louis J. Capozzoli Gavel Award, in recognition of exceptional contributions to the system of justice, New York County Lawyers' Association, 2011
• New York Criminal Bar Association Award, 2003
• Member, The Chief Judge’s Task Force on Commercial Litigation in the 21st Century, 2012
• Member, The Commission on The Jury, 2004
• Executive Committee, Commercial and Federal Litigation Section, New York State Bar Association
• Member, New York State Bar Association
• Member, New York City Bar Association
• Member, New York County Lawyers’ Association
• Participation in various legal educational programs includes:
  • Panelist at a wide variety of CLE programs sponsored by the New York State Bar Association, New York City Bar Association, and New York County Lawyers’ Association
  • Federal Bar Council Winter Meetings, 2008 and 2011
  • Speaker, Asia-Pacific Economic Cooperation Meeting, Singapore, 2009
  • International Moot Court in the Hague, The Netherlands, 2001, 2005, 2007, and 2009
  • New York State-Federal Judicial Council Seminar on expert witnesses, 2001
  • Adjunct Professor of Law, Brooklyn Law School, 1981-2009

Background and Education

• Justice, Commercial Division, Supreme Court of the State of New York, New York County, 2004-2012
• Acting Justice, Supreme Court of the State of New York, 1984-2004 
  • New York County Criminal Branch (also assigned to hear civil cases), 1989-2004
  • Bronx County Criminal Branch, 1984-1989
• Judge, Criminal Court, City of New York, 1980-1984
• Assistant United States Attorney for the Eastern District of New York, 1973-1980 (Chief Assistant United States Attorney, 1978-1980) 
• Senior Fulbright Scholar, Seoul, Korea, 1970-1972
• Law Clerk to Charles D. Breitel (then) Associate Judge of the New York Court of Appeals, 1969-1970
• Judge Advocate General Corps, U.S. Army, 1966-1969
• J.D., Valedictorian and Editor-in-Chief of the Brooklyn Law Review, Brooklyn Law School, 1965
• B.S., Alfred University, 1962