Nicholas Lazzarini prevails on a Motion to Dismiss Complaint pursuant to Fed. Rules Civ. Proc. Rules 12(b)(6), 9(b), & 23.1 for his clients Nicholas Levenstein and Levenstein, Vaceva & Co., LLC. Mr. Lazzarini argued that Mr. Goldsmith's fiduciary claims were actually derivative claims belonging to the LLC and not Mr. Goldsmith personally. Mr. Lazzarini also argued the remaining claims failed to meet the required pleading standards and should be dismissed for failing to state a claim. The Court agreed on all points and dismissed the complaint in its entirety.