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, insurance coverage, fraud, antitrust, and other matters. She has litigated numerous issues in defense of libel claims, including the judicial proceedings privilege, the common interest privilege, public official status, and anti-SLAPP issues.  She has also litigated substantive and procedural issues in opposition to attempts to pierce the newsgathering privilege. 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

Admissions

  • 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

Education

  • Harvard Law School, J.D., 2002
    - Managing Editor, Harvard International Law Journal
  • American University, B.A., magna cum laude, 1998
    - Phi Beta Kappa

Experience

  • Duane Morris LLP
    - Associate, 2015-present
  • Kornstein Veisz Wexler & Pollard LLP
    - Associate, 2005-2015
  • Pillsbury Winthrop Shaw Pittman LLP
    - Associate, 2002-2005

Professional Activities

  • 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

Representative Matters

  • 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).
  • Litigated on behalf of cultural commentator in defamation lawsuit brought by climate scientist.
  • Pro Bono

  • Represented parents in several adoption proceedings for foster children.
  • Represented parent in lawsuit and negotiated settlement relating to educational services for disabled child.
  • Represented authors of oral history book regarding possible copyright claim against filmmaker for use of their work.

Selected Publications

  • 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, "New York's Borrowing Statute," , Continuing Legal Education Course, Duane Morris New York Office, February 19, 2016