Ms. Sarah Haddad is a commercial litigation partner of Pendulum Legal.
Sarah has been practicing law as a Trial Attorney for several years in New York State, United States of America, and New South Wales, Australia.
Sarah was a specialist trial attorney, called a ‘Barrister at Law’ in the higher courts and was one of the youngest Barristers in New South Wales, Australia before relocating to New York State. A ‘barrister’ is an independent specialist advocate and advisor in law. Their highly competitive training, together with their specialist knowledge and experience, can make a substantial difference to the outcome of a case.
As a former Barrister, Sarah was trained for several years in the practical context to analyze cases from the perspective of the Judiciary and the court system. Sarah was advocating in final hearings and applications in the Commercial Division of the Supreme Court almost on a daily basis, communicating to Judges, clients, mediators as well as opposing counsel.
During Ms. Haddad’s career she has independently run hundreds of hearings in almost every area of law and advocated some of the most complex matters in the common law legal systems of New York State and Australia.
Sarah has been successful in every matter that she has independently taken carriage of, in assisting parties and courts to reach the best resolution for a particular case.
The fees of Sarah’s legal services have always been effective, as she understands that the Practice of Law is not merely running a business, but also providing a professional service that meets the needs of the community; and a service that also assists our courts to meet the needs of the community. She empathizes with these needs in order to address them through the Practice of Law.
Sarah is admitted in the New York Appellate Division First Judicial Department, the United States Eastern District of New York, the United States Southern District of New York, and the United States Court of Appeals for the Second Circuit.
Ms. Haddad obtained a Juris Doctor from a world leading university, the University of Technology, Sydney, Australia, and later obtained a specialization in Intellectual Property Law, in a Master of Laws from Fordham University School of Law.
Sarah’s background is in medicine, where she obtained a Bachelor of Science from the University of Sydney, Australia (a world leading university for science), and majored in Pharmacology and Physiology (the Medical Sciences).
Ms. Haddad is a member of the New York County Lawyers Association, the Copyright Society of the USA, and the Association of Classical Musicians and Artists.
Sarah is active on the Ethics Committee of the New York County Lawyers Association, participates in Continuing Legal Education Programs at the New York County Lawyers Association, and is a first violinist in the Association of Classical Musicians and Artists Orchestra.
Sarah’s memorable achievements, honors, and recognition:
2023: At the start of the New Year in 2023, Sarah was successful in assisting a client in a contract dispute by overlooking the traditional view that the intention of the parties when contracting is the primary factor in determining the law governing a contract. Rather, the current, and more prevailing view was adopted, that while the intention of the parties remains a significant factor, it is not conclusive. New York courts will also look to determine the place with the most significant contacts with the matter in dispute and will seek to apply that jurisdiction’s substantive law, even in derogation of the contracting parties’ choice of law.
2022: Sarah was successful against a large national law firm in obtaining a favorable outcome for a family seeking reimbursement of tuition. This was due to a change of unforeseen circumstances, after an enrollment contract was signed with a reputable private school in Manhattan.
Sarah was successful in representing clients in the United States furniture import/export and design industry who recovered 100% of their Damages for Breach of Contract in early Dispute Resolution prior to filing an Initiating Process. The key to Sarah’s representation leading to early resolution was to consider Section 1314(b) of The New York Business Corporation Law and enforce that a foreign corporation cannot escape the jurisdiction of New York courts or arbitration, while making New York an established place of business.
Sarah successfully defended a lengthy CPLR 3211 Notice of Motion to Dismiss in the Supreme Court of New York, Commercial Division, in advocating that claimed fraudulent misrepresentations that occur outside the terms of an existing contract is a separate Cause of Action, requiring additional damages.
2021: Pendulum Legal was founded and established primarily in commercial litigation. Sarah carried out extensive work in commercial litigation disputes in New York State, while providing some consultation in relation to Australian class action disputes that are funded from New York.
2020: In the first half of 2020 during the peak of the pandemic in New York City, Sarah provided consultation, remotely, on a murder case in Australia, where she was successful with the legal team in having the client acquitted. The legal team was led by Phillip Boulten SC. At the same time as providing this consultation, Sarah continued to work extensively in the healthcare fraud area in New York State, where she was successful in collating evidence conveying excessive billing in the No Fault Medical Network and that through healthcare authorities in New York, Dry Needling was being billed by medical personnel who did not have the correct education requirements in acupuncture to qualify them to carry out the procedure and bill for the claimed treatments.
In the second half of 2020 Sarah assisted providing advice to a Façade Restoration Company and with construction commercial litigation disputes at a New York City Law Firm. It was during this period that Sarah established clientele that would form the community of Pendulum Legal.
2019: Sarah assisted large scale discovery projects of insolvency disputes in commercial litigation with a New York City Law Firm and carried out extensive work in healthcare fraud cases in the Civil, Supreme, and Federal courts of New York State in another New York City Law Firm.
2018: Sarah permanently relocated to New York City where she focused on Patent Litigation, Patents, Trademark, Intellectual Property, the United States Constitution, Antitrust Law, Commercial Transactions, Regulation and Compliance of the Finance Industry (of which she was awarded the highest grade on the Master of Laws scale), Privacy of Information, and Quantitative Methods at Fordham University School of Law.
During this period Sarah also worked at the Jewish Association Serving the Ageing assessing the grounds behind changes of guardianship in New York State.
During this period Sarah also assisted with a workplace discrimination dispute and landlord commercial dispute at a New York City Law Firm.
2017: Sarah was successful in representing a medical practice and landlord in a Land and Environment dispute to lease or sell doctors’ offices to other kinds of professionals outside of the medical profession on the basis of Existing Use rights on the land, where the surgery was located in the vicinity of residential premises that excluded business premises in its zoning. Sarah was successful in advocating the scope of the Existing Use rights to include other kinds of professions apart from the Medical Profession.
2016: Sarah founded and played violin in the Australian Lawyers Orchestra. The orchestra united Judges, Lawyers, Tribunal Members, Paralegals, Legal Secretaries, and Law Students across the legal profession through musical rehearsals and performances.
2015: Sarah appears with Garry McGrath SC in representing a businessman of substantial wealth in the construction industry for claims valued in the millions of dollars in the higher courts that were related to enforcing an equitable beneficial trust agreement and fraudulent transfer of property. Sarah effectively represented the same client independently in various other cases in the higher courts, as well as some of the client’s business associates.
2014: Sarah is successful independently at the trial level against a major insurance company, Allianz Insurance, represented by a barrister and national law firm, in running an extensive hearing that investigated the reasons why an insurance policy for home contents insurance was cancelled without the knowledge of an insured (her client) which the insurance company claimed was as a result of a failure to renew. It was as a direct result of her tenacious and resilient cross examination of the underwriter and claims consultant that it was uncovered during the proceedings that the insurance company decided to cancel the insurance policy without a proper basis and without any proper investigation.
2012 and 2013: Sarah is successful in numerous commercial litigation cases of government/public construction works in the higher courts, with court advocate Malcolm Gracie. These cases involved representing construction companies that carry out major public city works against large insurance companies, where public construction works were required to be rectified due to extensive flooding in the region. These remedial works required the construction company’s existing insurance coverage to cover the damages caused as a result of torrential rain fall. Sarah was successful with Malcolm Gracie in advocating through submissions and examination of witnesses of the extent of the damage caused by the insurance company in denying claims for defects to the construction works as a result of the extensive flooding. Sarah was successful with Malcolm, both at the trial level of these cases, and in the Court of Appeal.
2011: Sarah passes three examinations in Evidence, Civil Procedure, and Professional Ethics at a distinction level to qualify to become one of the youngest specialist court advocate lawyers dealing with the most complex cases in Australia. She is one of only approximately 2,000 specialist advocates in the State, and one of only approximately 400 women who carry out the most challenging occupation in Australia at the very top of the Australian Legal System. Under Australian Law it was compulsory for her to practice as a sole practitioner, as an independent specialist advocate. Sarah served in this role for seven years before relocating to New York City.
During this year Sarah appeared in a large-scale drug conspiracy trial with court advocate Alex Radojev that ran for several months.
Also, this year Sarah represented a famous Australian Olympic Swimmer and athlete, Simon Cowley, with court advocate Patrick Saidi, and was successful in the client being awarded with compensatory damages due to injury from a King Hit during a nightclub fight with another famous Australian Olympic Swimmer, Nick D’Arcy. This case involved high media coverage, and it is where Sarah was taught to limit exposure to the media to protect the privacy of the client as much as possible, and to keep the focus on addressing important issues in the courtroom.
2010: Sarah assists a large-scale discovery project in commercial litigation at the Australian Securities & Investments Commission, which is a federal government organization and the main regulator of corporations in Australia. This project was the well-known Westpoint Corporate Group Litigation, and Sarah’s role was focused on the actions against the directors, in their individual capacity, of this corporate group.
2009: Sarah is admitted as a lawyer on February 13, 2009. During 2009 Sarah worked at a criminal law firm, where she was in court, daily, running hearings and trials on behalf of clients charged with indictable (serious) criminal offenses. At the age of twenty-four Sarah independently wins her first case, representing a young man in a criminal law sentence appeal for prohibited drug possession and trafficking. Sarah is successful in advocating in the court room the objective and subjective characteristics of her client and of the circumstances of the crime, which gave the young man a second chance at life. The client was released from imprisonment as a direct result of Sarah’s submissions; and placed on a Good Behavior Bond. It was during this moment that Sarah knew she was called to serve in the legal profession in complex cases.
2008: Sarah assisted court advocate and barrister Dr. Charles Moschoudis full time in the court room and in client conference rooms, daily, while studying her Juris Doctor. This involved extensive practical experience in complex matters in commercial litigation and criminal law prior to being admitted as a lawyer.
2006: Sarah decides to pursue a career in law after graduating from pre-medicine and assisting to manage the administration of a medical practice, where she served thousands of patients.