Some of Mr. Yu’s recent accomplishments as lead counsel include achieving dismissal of a putative nationwide consumer fraud class action against a major global consumer healthcare company, successfully representing limited partners in a corporate governance dispute in forcing the exit of a management company, and obtaining dismissal of a shareholder derivative lawsuit challenging a tech company spinoff.
While Mr. Yu has litigated all types of complex disputes, his practice primarily focuses on matters concerning shareholder and partnership agreements, real estate transactions, commercial contracts, breach of fiduciary duty, employment agreements, defamation, trade secrets, and business torts. As part of his active litigation practice, Mr. Yu regularly advises investors and principals on business and real estate valuation issues, shareholder and member oppression, books-and-records actions, liquidity rights, and entity control disputes.
With a track record of successfully defending prominent professional service firms and licensed professionals, including aggregate claims exceeding $100 million, Mr. Yu regularly defends clients in high-stakes legal malpractice, fraud, and conflict-of-interest matters, frequently resolving threatened claims before litigation.
In addition to his litigation practice, Mr. Yu is currently serving a second three-year term on the Committee on Character, following his reappointment by the Supreme Court of New Jersey in 2025. His prior experience includes assisting a Special Master in a complex federal court allocation proceeding among creditors and acting as a court-appointed fiduciary in estate-related litigation.
Prior to joining O’Toole Scrivo, LLC, Mr. Yu was a commercial litigator at an Am Law 200 firm.
Matters
- Served as lead counsel and obtained dismissal of a putative nationwide class action in federal court for a major global consumer healthcare company.
- Successfully represented limited partners in a high-dollar dispute, resulting in the forced exit of the management company.
- Secured a favorable settlement for private clients following months-long arbitration with real estate assets of more than $140 million in dispute.
- Achieved complete dismissal of a shareholder derivative action in federal court seeking over $38 million in damages and injunctive relief against a publicly traded company and its directors related to alleged breaches of fiduciary duty, proposed spin-off, and securities law violations.
- Prevailed in the defense of a leading law firm in a high-stakes fraud and civil conspiracy lawsuit seeking $31 million in damages arising from a failed $174 million refinancing transaction and UCC foreclosure sale.
- Obtained a favorable final judgment for a client in a business divorce proceeding involving a multi-million-dollar real estate portfolio following a two-year private arbitration on valuation and damages.
- Defeated class certification on behalf of a leading assisted living facility for claims brought under state consumer protection laws.
- Successfully defended one of the nation’s largest logistics companies in a whistleblower action alleging retaliation, breach of contract, and unfair trade practices.
- Counsel for a major pharmacy benefit manager in a putative class action alleging violations of state and federal antitrust laws and state consumer protection statutes related to the pricing and distribution of insulin.
- Successfully defended private companies, directors, officers, and REITs against business tort claims.
- Achieved dismissal of malpractice claims against law firm and lawyers arising out of physician disciplinary proceedings in the Supreme Court of New York, which the First Department affirmed unanimously on appeal.
- Secured dismissal of a $34.3M legal malpractice claim on summary judgment in the Supreme Court of New York, New York County.
- Conducted internal investigations concerning allegations of director misconduct, diversion of corporate opportunity, fraud, and breaches of fiduciary duty.
- Advised global insurance company on recovery efforts relating to political risk and multi-buyer international trade credit claims.
- Pro bono matters include volunteering with Human Rights First and aiding a Mauritanian refugee to secure asylum in the U.S. after facing persecution due to sexual orientation.
Results may vary depending on your particular facts and legal circumstances.
Honors & Awards
- Included in New Jersey Super Lawyers® list (2025) for Business Litigation (conferred by Thomson Reuters)
- Included in New Jersey Super Lawyers® Rising Stars list (2018-2023) for Business Litigation (conferred by Thomson Reuters)
- Included in New Jersey Law Journal, New Leaders of the Bar list (2022) (conferred by ALM | Law.com)
No aspect of the advertisement has been approved by the Supreme Court of New Jersey or the New York State Court of Appeals. Click here to view Awards/Honors Methodology.
Memberships & Affiliations
- New Jersey State Bar Association, Member, Equity Jurisprudence Committee
- Association of the Federal Bar of New Jersey
- Bergen County Bar Association
Clerkship
- Hon. Frederick J. Theemling, Jr., J.S.C. (Ret.)