Alexander D. Pencu

Partner
Practice Area: Commercial Litigation

Alexander D. Pencu is a Partner in the litigation group where his practice concentrates on complex commercial 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 antitrust, breach of contract claims, business torts, unfair trade practices, trade secret misappropriation, shareholder derivative suits, corporate divorces, disputes arising from the sale of businesses and non-compete 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 a $20 million indemnity claim asserted by European biotechnology conglomerate arising over apportionment of liability from misformulated fungicide product sold into marketplace.

Successfully defended a public company, the largest distributor of electronic and communications products, in a multi-million 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 a Fortune 50 public company after federal trial in the U.S. District Court for the Southern District of New York, arising from a complicated corporate financing deal between multiple parties.

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.

Currently representing a German bank against consortium of investment banks and hedge funds in multi-billion dollar short-selling schemes involving collateralized debt obligation notes referencing credit default swaps on particular commercial mortgage backed securities.

Obtained summary judgment dismissal on eve of trial in federal action in the U.S. District Court for the Central District of California on behalf of public aerospace company and its board of directors accused of fraud in connection with the sale of its aviation filter business to a competitor.

Successfully defended public managed care company and subsidiary in class action of physicians alleging a variety of antitrust tying schemes and unfair trade practices stemming from the merger of two managed care companies.

Successfully represented market research company by obtaining injunctions against its former chief operating officer and chief financial officer who were violating their non-compete agreements and fiduciary duties by attempting to disclose the client’s proprietary algorithms to an international market competitor.

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.

Successfully defended public managed care company against class action of physicians who alleged client was engaging in antitrust violations and 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.

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

Honors

New York Super Lawyers, 2011-2018

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 representated at seminars for organizations such as the International Association of Defense Counsel and WEFACCA. 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.