Howard has represented, and/or provided legal consultation to, some of the largest U.S. and Hong Kong firms engaged in international commerce and has appeared before U.S. Customs and Border Protection, the Federal Aviation Administration, and the Consumer Product Safety Commission in a large variety of matters including tariff classification hearings, detention proceedings, country of origin challenges, intellectual property rights disputes, civil penalty mitigation and remission matters, and prior disclosures.
Howard has published on international law, including a law review article that has been authoritatively cited by the U.S. government. (The Case of the Sarah: A Testing Ground for the Regulation of Radio Piracy in the United States, 12 Fordham Int’l Law J. 67 (1988)). He has also published numerous articles in trade magazines and lectured on international trade law and sourcing.
A Dean’s List graduate of Indiana University (B.A. Psychology – 1986), Howard received his law degree from the Fordham University School of Law (J.D. – 1989), where he was a member of the Fordham International Law Journal. During law school, Howard provided legal representation to indigent clients through the New York Legal Aid Society’s Harlem Community Office.
A commercial litigator with a deep appreciation for the art of practicing of law, Howard has had an impressive career with a number of significant legal victories and accomplishments including the following:
*Successfully defended one of the largest clothing manufacturers in Hong Kong from a detention order issued by United States Customs and Border Protection.
*Successfully vacated an injunction previously obtained against the founder of a biotechnology company, who was also the former director of the National Institutes of Health's HIV Vaccine Development Committee. (NaniRx Therapeutics, Inc. v. Cohen, New York State Supreme Court 650442/2011).
*Obtained summary judgment and dismissal of shipping line’s complaint against ocean consignee for breach of contract related to demurrage charges for non-endorsed ocean bill of lading. (CMA CGM (America) LLC v. Seafood Expert West, Inc., 2015 WL 1564996 (S.D.N.Y. 2015)).
*Elimination of penalties in administrative action brought by Consumer Product Safety Commission against toy manufacturer for alleged marketing and distribution of toys in violation of the Consumer Product Safety Improvement Act.
*Judgment for recording artist for fees paid to artist management firm. (Barnett v. Big Entertainment Mgmt, Inc., New York State Supreme Court, 653228/2011).
*Successful representation of corporation against former employee alleging violations of ERISA and employment discrimination. Resner v. Arc Mills, Inc., 152 F.2d 920 (2d Cir. 1998), cert. denied, 525 U.S. 947 (1998).
*Successful representation of corporation in breach of contract action against purchaser of merchandise. M.S. Textiles, Ltd. v. Rafaella Sportswear, Inc., 293 A.D.2d 261, 739 N.Y.S.2d 386 (1st Dep’t 2002).
*Significant (80%) reduction in penalties in administrative action brought by the Federal Aviation Administration against U.S. exporter of hazardous materials.
*Successful defense of Peruvian apparel exporter in administrative action brought by United States Customs and Border Protection contesting country of origin declaration.
*Successful representation of digital media company in commercial arbitration proceeding against former client for fees due and owing.
*Successful representation of apparel importer against foreign customer in commercial arbitration proceeding for goods sold and delivered under the U.N. Convention on Contracts for the International Sale of Goods.
*Successfully represented purchaser of multiple FIFA World Cup Finals tickets, who was awarded 125% of the purchase price, against online ticket marketplace.
Howard A. Bender, Esq.
Attorney at Law
800 Westchester Ave., Suite 641-N
Rye Brook, NY 10573
E-mail -- email@example.com
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