Christopher Gismondi

Litigation Strategy & Defense Representative Matters

• Defended food manufacturer in product liability action alleging that its products were defectively designed and that it failed to warn consumers of the risk of exposure to trace levels of metal(oids) in the products
• Defended aging services facilities against class action lawsuit alleging substandard care and understaffing
• Defended international e-cigarette manufacturer in product liability action alleging mislabeling, fraud, and that product use resulted in the development of a respiratory condition, including working with experts to assess issues of causation
• Defended international financial institution in an S.E.C. investigation into allegations that the institution violated its due diligence obligations in underwriting a follow-on offering for a corporation with its primary operating subsidiary in mainland China
• Defended international insurer in 12 coordinated federal actions alleging violations of the 1933 Securities Act and 1934 Exchange Act with over $2 billion in total damages, including coordinating the production of over 20 million pages of documents, taking and defending depositions of C-level executives, and drafting discovery and dispositive motions
• Represented international insurer in litigation brought by the company’s former majority shareholder against the U.S. for an alleged violation of the Fifth Amendment, including an investigation of the claims and working with standard of care experts
• Defended multiple Fortune 500 companies in class action lawsuits alleging violations of the 1933 Securities Act and 1934 Exchange Act, including companies in the insurance, financial services, and consumer goods sectors
• Represented manufacturer of CBD edibles in contract and employment dispute with one of the largest cannabis manufacturers in the world
• Represented owners of luxury New York apartment in an action against general contractor for breach of contract

Counseling Corporate Clients

• Advised international tobacco manufacturer on US regulatory issues in connection with multi-billon dollar acquisition of an oral nicotine product manufacturer
• Advised financial institution on the provision of financial services to cannabis companies, including compliance with anti-money laundering obligations
• Advised insurance provider on COVID-related claims portfolio
• Advised packaging manufacturer on the provision of services to cannabis companies
• Advised international pharmaceutical company on whether its psilocybin and DMT research labs were compliant with the controlled substances act
• Advised cannabis cultivator and processor with respect to state regulations and licensing requirements
• Advised cannabis manufacturers on legality of cannabis products
• Advised companies and investment funds on a variety of regulatory issues when pursuing acquisitions of cannabis- and tobacco-related businesses
• Advised manufacturer of tobacco and vape products on liability issues, including working with scientific and medical experts 
• Advised product manufacturers in responding to allegations that they manufactured defective products 
• Advised international insurer on potential indemnification obligations 
• Advised board of directors with respect to the proper procedure to protect legal privilege contained in the minutes of their meetings 
• Advised on potential exposure to insider trading laws
• Investigated bankruptcy claims, including working in collaboration with forensic accountants
• Investigated allegations of corporate malfeasance, including working with standard of care experts

• Co-author, "Cannabis Securities Action Found Half Baked," New York Law Journal, August 27, 2020
• Co-author, "Feeling the Burn? The Plaintiffs’ Securities Bar Has Set Its Sights on the Cannabis Industry," New York Law Journal, May 15, 2020
• Co-author, "Is synthetic CBD a controlled substance under the Controlled Substances Act?," Cannabis Business Executive, April 15, 2020
• Co-author, "The Litigation Environment in the Vape Industry," New York Law Journal, April 3, 2020