William W. Bergesch

William W. Bergesch, Esq. is an associate at Rimon, where his practice focuses on general commercial litigation.

William has conducted all phases of litigation for simple and complex commercial cases, in both state and federal court. William has taken and defended depositions, briefed and argued motions of all types, including dispositive motions, first-chaired bench trials to successful conclusions, and briefed and argued multiple appeals before the First and Second Departments, New York Supreme Court, Appellate Division. William also has substantial experience with e-Discovery practice, directly handling e-Discovery, and acting as the lead associate for review and analysis of multiple significate e-Discovery cases while at his predecessor firm, SilvermanAcampora LLP.

William also has experience arbitrating disputes under FINRA, CFTC, JAMS, and AAA arbitration regimes, and has successfully defended brokers, broker-dealers, and other FINRA- and NFA-registered persons from claims and investigation under FINRA and CFTC rules.

William received his Juris Doctor from Fordham University School of Law in May of 2016. William received his Bachelor’s Degree in history and philosophy, also from Fordham, in 2013. During law school, William was an associate editor of the Fordham Journal of Corporate and Financial Law. William also served as a board member for the Brendan Moore Trial Advocacy team, where he won the 2014 Queens District Attorney’s Office Trial Advocacy Competition and was selected to represent Fordham at the prestigious John Marshall National Trial Competition. Upon graduation, William was further honored with the Archibald Murray Public Service Award. While in law school, William completed internships with the Queens District Attorney’s Office as well as with the Honorable James E. d’Auguste, Justice, New York Supreme Court, New York County.

William was also a pro bono judicial law clerk for the Honorable Justice Doris Ling-Cohan (Ret.) on the New York Supreme Court Appellate Term, First Department, after which he entered private practice at a boutique securities litigation firm located in Manhattan.

SELECTED EXPERIENCE

• Obtained and defended on appeal dismissal of entire action, on the merits and with prejudice, in reported decision which constitutes leading case in New York’s First Department, setting standard for dismissal under particular CPLR §3211(a)(7) basis, where documentary evidence annexed in support of motion to dismiss disproves factual allegations as “unsubstantiated”. See Kaplan v. Conway & Conway, 173 A.D.3d 452 (1^st Dept. 2019) (cited in Carmody Wait 2d and N.Y. Jur. 2d current through 2023 supplement).
• Successfully obtained dismissals, in multiple cases, of all customer claims filed against NFA-registered Commodity Trading Advisor (CTA), in connection with February 2018 trading volatility cycle, where CTA was generally alleged to have failed to timely execute trades resulting in millions of dollars in customer losses.
• Negotiated and obtained favorable settlement of Post-Liquidation Creditor Trustee’s claims in real estate dispute after six-month long mediation, avoiding protracted litigation not in interest of Debtor’s estate.
• Obtained mandatory and permanent injunction, judgment, and obtained the award of liquidated damages in federal trademark dispute under the Lanham Act.
• Successfully defended third-party subpoena recipients in high-stakes confidential federal trade secrets misappropriation dispute.
• Obtained vacatur of improperly-obtained default judgment against creditor-owned corporation by demonstrating absence of proper personal service, resulting in outright dismissal of client from action.