Experienced commercial trial lawyer, with an extensive trial record in state and federal courts throughout the country, having tried over 40 cases to verdict. He has wide experience in a variety of subject areas including patent and trademark, trade secret, securities, products liability, labor and employment, white collar criminal and business acquisition disputes. He has also argued cases in a number of federal and state appellate courts including the Supreme Court of the United States.
Mr. Mescon was a Law Clerk to Chief Judge David N. Edelstein of the United States District Court for the Southern District of New York and served as an Assistant United States Attorney in the same judicial district. He has been active in enhancing the growth of the profession as well as participating fully in the broader activities of the community.
Selected Case Results
- Representation of sweepstakes publisher in two trials against state Attorneys General in cases alleging false and deceptive mail solicitation. Cases remained sub judice for nine months (Wisconsin) and six months (Oregon) after conclusion of trial at which time there was global settlement of claims by all 50 states.
- Successful three-week jury trial of copyright and trademark ownership, trade secret, and breach of fiduciary duty case involving computer software product used in the modeling industry.
- Representation of manufacturer of mining equipment in litigation throughout the country alleging design defects in client's excavators including two trials and establishment of governing law relating to economic loss damages in two jurisdictions (Indiana and Kentucky).
- Successfully argued motion for temporary restraining order and conducted defense of hearing on motion for preliminary injunction in case brought on behalf of California county against major investment banking firm. Plaintiff had sought to restrain two billion dollars of client assets pending outcome of litigation arising out of alleged securities law violations leading to bankruptcy of the county.
- Representation of Mexican issuer in litigation relating to default in payment on Notes. Argued in U.S. Supreme Court and obtained 5-4 reversal of order freezing over $200M of client's assets.
- Jury trial of largest will contest (at the time of trial) in the history of New York County Surrogate's Court.
- Coordinating counsel for manufacturer of electric equipment in cases throughout the country alleging design defect in client's most significant product.
- Prosecution and conviction of all defendants in three month 68 witness case alleging extensive network of fraudulent tax shelters.
Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.
- Shakespeare & Company, Lenox, Massachusetts - Chair, Board of Trustees
- Richmond Land Trust, Trustee
Columbia Law School, J.D., James Kent Scholar, Editor of Columbia Law Review
Cornell University, A.B.
Adjunct Associate Professor of Law, New York University School of Law (Trial Practice)
Corporation Counsel of the City of New York - New attorney training program
American Institute of Certified Public Accountants - Continuing professional education lectures and materials on damages in patent litigation
Lectures and materials on Ethical Considerations in Discovery
Southern District of New York
Eastern District of New York
Second Circuit Court of Appeal
Third Circuit Court of Appeal
Seventh Circuit Court of Appeal
Federal Circuit Court of Appeal
United States Court of International Trade
United States Supreme Court