Amy C. Gross practices in the area of litigation. Ms. Gross has litigated at the trial and appellate level for more than a dozen years. Over the course of her career, she has advised and represented companies of all sizes as well as individuals in a variety of commercial matters, including breach of contract, breach of fiduciary duty, undue influence, fraud, antitrust, and other matters. In addition, she has provided advice to clients on various insurance coverage issues and disputes, including with respect to general liability, excess liability, professional liability, and environmental policies.
Ms. Gross has litigated varied matters on behalf of fiduciaries and beneficiaries in New York Surrogate’s Court. She has also litigated numerous issues in defense of libel claims and substantive and procedural issues in opposition to attempts to pierce the newsgathering privilege. She also has experience pursuing Freedom of Information Act and related requests at the federal and state level. She is a member of the American Bar Association’s Forum on Communications Law and its Tort Trial and Insurance Practice Section. She is also an active member of the Association of the Bar of the City of New York.
Ms. Gross is a 2002 graduate of Harvard Law School, where she was co-managing editor of the Harvard International Law Journal, and a magna cum laude graduate of American University.
Areas of Practice
- Commercial Litigation
- Media, First Amendment and Communications Law
- Surrogate's Court Litigation
Private Client Services
- Represented customers in internal investigation and litigation matters concerning disputes over software implementation failure and licensing issues.
- Litigated successful petition to unseal closed federal criminal court docket.
- Litigated dispute in Southern District of New York on behalf of plaintiff excess workers’ compensation and employers’ liability insurer against defendant commercial umbrella insurer over coverage responsibility for underlying injury to construction worker. Litigation included successful summary judgment motion on behalf of plaintiff.
- Litigated on behalf of television production company against efforts to pierce the Reporter's Shield and obtain unbroadcast material.
- Represented charitable beneficiaries in dispute over estate accounting.
- Represented charitable beneficiary in cy pres proceeding resolved to client's satisfaction.
- Litigated on behalf of a New York hospital in a highly-publicized dispute over the estate of the heiress Huguette Clark, including allegations of undue influence by the hospital in connection with Ms. Clark's Will and inter vivos gifts. In re Huguette Clark and In the Matter of the Petition of the Public Administrator, N.Y. Co., as Temporary Administrator of the Estate of the Huguette Clark (Surrogates Ct. N.Y. Co.). Representation included successful dismissal of $50 million in claims against the hospital.
- Represented a New York hospital in a breach of contract dispute against former employee physician that settled on terms the client found highly favorable. St. Luke's-Roosevelt Hospital Center v. Fonseca (Sup. Ct. N.Y. Co. 2014).
- Litigated on behalf of one of over a dozen defendants in two False Claims Act lawsuits alleging failure to repay Medicare conditional payments. United States of America ex rel. Hayes v. Allstate Insurance Company, et al., and United States of America ex rel. Takemoto v. ACE, Ltd., (W.D.N.Y. 2014).
- Litigated on behalf of defendant in action involving allegations of family partnership in connection with ownership of co-op apartment. Preliminary injunction motion against client denied by court and motion to dismiss granted. Estate of Gertrudo R. Realuyo v. Amelia Realuyo (Sup. Ct. N.Y. Co. 2013).
- Represented client in successful petition for guardianship of the person over incapacitated mother.
- Represented authors of oral history book regarding possible copyright claim against filmmaker for use of their work.
- Represented parents in several adoption proceedings for foster children.
- New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Western District of New York
- U.S. Court of Appeals for the Second Circuit
- Harvard Law School, J.D., 2002
- Managing Editor, Harvard International Law Journal
- American University, B.A., magna cum laude, 1998
- Phi Beta Kappa
- Duane Morris LLP
- Associate, 2015-present
- Kornstein Veisz Wexler & Pollard LLP
- Associate, 2005-2015
- Pillsbury Winthrop Shaw Pittman LLP
- Associate, 2002-2005
- American Bar Association
- Tort Insurance Trial Practice Section
-- Business Litigation Committee (Vice-Chair)
- Forum on Communications Law
- Association of the Bar of the City of New York
- Co-Author, “MLRC Model Brief on Newsgathering Claims”, Media Law Resource Center, November 2019
Co-author, "Second Circuit Addresses Requirements and Considerations for Sealing (and Unsealing) Allegedly Sensitive Documents Filed in Lawsuits," Duane Morris Alert, July 15, 2019
Author, “Take Care in Describing Damages for CFAA Claims,” ABA Tort Trial & Insurance Practice Section Business Litigation Committee Newsletter, Winter 2018
- Co-Author, "Palin's Suit Against The New York Times Dismissed by Federal Court Weighing in on Defamation and Political Editorials," Duane Morris Alerts, September 6, 2017
- Co-author, "Supreme Court of Georgia Clarifies Constitutional Protections for Commenting on Public Controversies," Duane Morris Alert, September 15, 2016
- Author, "Residence, Accrual, and New York's Borrowing Statute," ABA Tort Trial & Insurance Practice Section Business Litigation Committee Newsletter (Summer 2016)
- Co-author, "Georgia Court Quashes Subpoena for Unpublished News Footage," MLRC MediaLawLetter (August 2016)
- Author, "Court Finds Raw, Unpublished Footage Not Necessary in Capital Murder Case," MLRC MediaLawLetter (June 2016)
- Author, "Remote Communications and Specific Jurisdiction," in TortSource, Vol. 17, No. 3, Spring 2015
- Contributor, Library of New York Civil Discovery Forms (New York Law Journal Books, 2012)
- Contributor, New York Law Journal's Smart Litigator online database of New York State Court Forms and Checklists
Selected Speaking Engagements
Speaker, “Hot Issues in Social Media,” ABA Forum on Communications Law, 23rd Annual Conference, Napa, California, March 1-3, 2018
- Speaker, "New York's Borrowing Statute," , Continuing Legal Education Course, Duane Morris New York Office, February 19, 2016