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Representative Engagements

HIGH PROFILE COMPLEX CIVIL BUSINESS LITIGATION AND REPRESENTATION
I. Arnold I. Kalman has represented Jordache Enterprises, Inc. (“Jordache”), and its domestic and international subsidiary and affiliated companies. He has also represented Jordache’s principals, the Nakash brothers. Jordache is a domestic and international manufacturer and distributor of apparel sold under the “JORDACHE” and other related trademarks.

Arnold I. Kalman has handled numerous matters involving the business of Jordache and its principals, including a variety of trademark and copyright infringement, counterfeiting, and trade secret cases and trademark licensing disputes. See, e.g., Jordache Enterprises, Inc. v. Levi Strauss & Co., 841 F. Supp. 506 (S.D.N.Y. 1993). He as well has given advices to Jordache on the application of U.S. antitrust, tax, customs and federal trade laws and administrative regulations in connection with the operations of Jordache’s domestic and international businesses, including that involving the operation of overseas trading companies subject to bilateral textiles export control systems through product category quota restraints, in particular, that between the United States and Hong Kong.

Arnold I. Kalman’s representation of Jordache and its principals in civil litigation in the courts of California, New York, Delaware and Hong Kong and in a federal grand jury investigation stemmed from the Nakashes’ acquisition of a 50% ownership interest in Guess ?, Inc. (another apparel manufacturer), and the attempts by Guess’ other 50% shareholders, Georges Marciano and his three brothers, to rescind the acquisition.

Based on Arnold I. Kalman’s work, the U.S. House of Representatives’ Committee on Government Operations and its Subcommittee on Commerce, Consumer and Monetary Affairs, which have oversight responsibility for operations of the Internal Revenue Service, conducted a 1½-year-long investigation and held hearings into misconduct by senior IRS management employees in connection with an IRS grand jury investigation of Jordache and the Nakashes. See Jordache Enterprises, Inc. v. United States, 1987 WL 9705 (S.D.N.Y. 1987). The results of the investigation are reported in:

(1) “IRS Senior Employee Misconduct Problems,” Hearings before the Commerce, Consumer, and Monetary Affairs Subcommittee of the Committee on Government Operations, 101st Congress, First Session, July 25, 26 and 27, 1989; and,

(2) “Misconduct By Senior Managers In The Internal Revenue Service,” the Twentieth Report by the Committee on Government Operations, 101st Congress, Second Session, House Report No. 101-800, October 4, 1990.

As a consequence of Arnold I. Kalman’s efforts, the United States Attorney’s Office for the Southern District of New York concluded a 4-year-long grand jury investigation into allegations of tax and customs wrongdoing by Jordache with the recommendation that no indictment be returned against either Jordache or its principals.

II.
Arnold I. Kalman has assisted the Federal Bureau of Investigation, the U.S. Attorneys’ Offices for the Districts of New Jersey and Maryland, and the Offices of the Attorney Generals of New Jersey and Maryland, in the investigation of a Maryland-based enterprise that for a decade operated a Caribbean and Pacific-based islands insurance scam to defraud physicians, nurses’ organizations and other medically-related professions of malpractice insurance premiums and coverage by falsely representing the enterprise as a legitimate business when, in fact, it was not a licensed business in the United States and for the most part had no intention of providing insurance coverage. The premiums received — an estimated $20 million and possibly many times that — were diverted to more than 365 bank accounts world-wide which the enterprise opened and controlled. Several of the enterprise’s principals were indicted by a federal grand jury in September, 1991, and convicted in the spring of 1992, by a federal jury sitting in Newark, New Jersey. A Baltimore, Maryland-based federal grand jury returned indictments against the enterprise’s principals in the Fall of 1992 and 1997 in which convictions resulted.

Aspects of the case were featured in a series of articles that appeared in The ABA Journal, Medical Economics, The Baltimore Sun, Business Insurance, and Podiatry Today. Arnold I. Kalman’s role in the investigation was singled-out for recognition in “The Charles Keatings of Insurance,” Business Week, March 7, 1994, at 47-48.

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