Ashwini Jayaratnam is a Partner in DarrowEverett’s Business Litigation and Dispute Resolution Practice Group, with over a decade of experience representing clients in all stages of litigation, from complaint through trial and appeal. Her practice is primarily focused on complex commercial cases, where she represents and advises owners of private, closely held entities in disputes involving fiduciary breach, restrictive covenants, freeze-out mergers, and shareholder buyouts. She has procured favorable judgments and settlements for partners and shareholders in lawsuits over interpretation and enforcement of contractual restrictions on share transfers, judicial dissolution, access to books and records, and the right to an accounting.
Ashwini also has experience in a variety of general litigation matters, including commercial and residential real estate, labor law, and federal and state anti-discrimination statutes. In this capacity, she has successfully litigated on behalf of luxury real estate purchasers in suits concerning failure to disclose material defects, and has obtained pre-trial dismissals of labor law and ADA claims on statute of limitations and res judicata grounds.
Represented luxury condominium purchaser in suit against sponsor and architect over construction and design defects, including successfully defending against motion to dismiss and first-chairing mediation that led to favorable settlement.
Defended craft gin manufacturer against claim by distributor for alleged breach of incentive compensation provision in independent contractor agreement.
In pre-litigation efforts to reach settlement, counseled fifty percent general partner on various avenues by which to end deadlock with co-partner, including dissolution, buyout and/or a capital call.
Represented general partners in action arising out of alleged recharacterization of partnership loans as capital contributions.
Represented partnership and managing partners in litigation concerning limited partner’s evasion of right of first refusal in partnership agreement by structuring transaction as secured loan instead of sale.
Prior to joining the DarrowEverett team, Ashwini was Counsel at Brewer, where she was the lead attorney defending a prominent corporation in an action by a state attorney general for constructive trust and receivership. Before that, she was a litigator at Davidoff Hutcher & Citron for several years. Ashwini began her legal career at Ropes & Gray.
New York City Bar Association