Alexander D. Pencu

Partner
Practice Area: Commercial Litigation

Alexander D. Pencu is a member of MSF’s litigation group where his practice concentrates on complex commercial litigation, real estate litigation and product liability litigation. Mr. Pencu has significant cross-border and international litigation experience and has tried cases in both federal and state courts, as well as before arbitration panels. Mr. Pencu’s litigation experience includes breach of contract claims, business torts, unfair trade practices, trade secret misappropriation, shareholder derivative suits, corporate divorces, disputes arising from the sale of businesses, non-compete claims and product liability claims.

Education

University of Connecticut School of Law. J.D. (Law Review/Moot Court)

University of Rochester. B.A. Economics & Political Science

Admissions

State of New York

State of Connecticut

Southern District of New York

Eastern District of New York

District of Connecticut

Second Circuit Court of Appeals

Ninth Circuit Court of Appeals

Prior Experience

Before joining MSF in 2010, Mr. Pencu was an attorney with Robinson & Cole LLP.

Representative Matters

Achieved full defense verdict in three panel JAMS arbitration on behalf of American Fortune 500 biotechnology company on $20 million indemnity claim asserted by European biotechnology conglomerate arising over apportionment of liability from misformulated fungicide product that was sold into marketplace and destroyed or stunted agricultural production on millions of acres of farms throughout the Midwest and Southeast areas of the United States. Simultaneously obtained $3.5 million verdict on behalf of client’s counterclaims in addition to the full defense verdict.

Successfully defended public company, the largest distributor of electronic and communications products in multimillion dollar jury trial in Connecticut involving alleged conspiracy between public communications companies and construction companies to defraud the U.S. Government of funds relating to federal E-Rate capital projects.

Achieved full defense verdict for Fortune 50 public company in bench trial in the U.S. District Court for the Southern District of New York arising from a complicated corporate financing deal between multiple parties in which the borrower alleged that the client wrongfully accepted and retained substantial multi-million dollar overpayments.

Achieved full defense verdict on behalf of private equity firm and one of its principals in arbitration involving multimillion dollar commercial lease dispute with landlord.

Achieved $8 million recovery on behalf of client against defendant Fortune 500 financial services company arising from its concealment of its wealth management advisor’s conversion of client funds.

Achieved $10 million recovery on behalf of real estate investor clients in dispute with government economic development agencies concerning the existence and viability of certain preferential purchase rights for properties subject to future condemnation.

Obtained $2.5 million verdict after bench trial in the U.S. District Court of Rhode Island on behalf of the beneficiaries of Florida and Swiss estates against the executor and his co-conspirator for embezzling the estate’s overseas funds.

Obtained summary judgment dismissal on eve of trial on behalf of clients, a public company and its board of directors in action filed by a competitor in the U.S. District Court for the Central District of California in which it alleged that it sustained multimillion dollar damages based on a variety of breach of warranty and fraud claims arising from the sale of clients’ filter manufacturing company.

Successfully defended public managed care company and subsidiary in class action of physicians alleging a variety of antitrust and unfair trade practices stemming from a merger of two managed care companies in which the clients were alleged to have employed tying schemes requiring participating providers of either company to subsequently accept in-network contracts of the other company post-merger.

Successfully defended public managed care company against class action of physicians who alleged client was engaging in unfair trade practices through its rating system of medical professionals which allegedly steered patients to medical providers based on costs rather than medical experience or performance.

Recovered advisory fee owed to Swiss Investment Bank that had been circumvented out of its advisory fees related to a $600 million financing to build a polyvinyl chloride manufacturing facility in China.

Successfully represented boutique marketing research company by obtaining injunctions against its former chief operating officer and executive vice-president who were violating their non-compete agreements and fiduciary duties by attempting to disclose the client’s proprietary investor and consumer survey algorithm information to an international market competitor.

Honors

New York Super Lawyers, 2011 – 2017

Involvement

Member, Board of Directors of Connecticut Innovations, the State of Connecticut’s quasi-public agency responsible for venture capital and seed financing of innovative and entrepreneur firms located in the State of Connecticut. (2012 – present)

Member, Board of Advisors for a cyber-security firm headquartered in Connecticut. (2010 – present)

Speaking Engagements

Mr. Pencu has presented at seminars for organizations such as the International Association of Defense Counsel and WESFACCA. Mr. Pencu has most recently published “The Hidden Mines: How the “English Rule” on Prevailing Party Attorneys’ Fees can Apply in Cross-Border Litigation in American Courts,” Defense Counsel Journal, July 2014.