Jason Buchsbaum is a municipal law litigator who divides his time between Cohen and Wolf's Danbury and Bridgeport offices. Buchsbaum drafted, argued and won a summary judgement motion that was granted in favor of his client Lawyers Title Insurance Corporation and many of its subsidiaries and employees. They faced a claim in excess of $2 million that the Lawyers Title Environmental Insurance Services Agency and the other defendants did not provide coverage required by the insured. The case is on appeal, which Buchsbaum is handling.
Jenny Chou with Wiggin and Dana practices government investigations and white-collar defense, while also handling appellate and litigation including commercial and insurance disputes. She was lead counsel in representing Frontier Home Health and Hospice, which bought hospice agencies from Amedisys in Wyoming and Idaho under the impression that the agencies complied with healthcare laws. The client discovered the facilities were not in compliance and filed suit. Chou defeated a motion to dismiss, completed discovery and prepared an expert damage report, and the matter was settled on favorable terms for the client in December 2016.
New Haven native Daniel Elliott is on LeClairRyan's Labor and Employment team in the firm's office in the coastal city. Elliott represents and counsels employers in workplace-related disputes before federal and state courts as well as administrative agencies. He defends employers against claims of wrongful termination, breach of employment contract, and race, age, gender, and disability discrimination.
A peer describes Bayard intellectual property attorney Stephen Brauerman as a "tough but fair litigator who you don't mind being on the opposite side of." Brauerman divides his practice into corporate litigation and patent litigation and frequently appears in the Court of Chancery. He handles litigation concerning advancement/indemnification, antitrust, corporate and alternative entity control disputes, fiduciary duty claims, and securities. Brauerman recently represented a number of directors and stockholders on breach of fiduciary duty matters; a chief executive officer who faced sexual harassment claims; Penthouse men's magazine involving use of online adult domain names; and a member of a company who is trying to gain control of mines.
Ned Weinberger, who chairs the Corporate Governance and Shareholder Rights Litigation practice at Labaton Sucharow, reached a $40 million settlement–pending court approval–in a case involving self-dealing transactions by Sears. The case involved allegations that certain directors and officers and their related entities including CEO and Chairman of the Board Edward Lampert engaged in breaches of fiduciary duty. Since Lampert took over in 2013, Sears has suffered a net loss of $7 billion. Lampert, who owns a majority of Sears' common stock, arranged several deals–with the approval of the board–that hurt the company and its stockholders but financially benefitted him and his affiliates. The case stems from Sears' decision to spin-off a large amount of its real estate assets to an entity controlled by Lampert and raised issues of when and to what extent controlling stockholders may prioritize their interests above those of the company they control.
Morris Nichols Arsht & Tunnell's Curtis Miller focuses on corporate restructuring and bankruptcy. Miller was lead counsel to the foreign representative in the Chapter 15 cross-border bankruptcy filing in the U.S. by Toshiba Samsung Storage Technology Corporation (TSST-K), a joint venture between Toshiba and Samsung. Miller successfully prosecuted over objection of final recognition of TSST-K's foreign main proceeding pending in South Korea.
Kelly Farnan of Richards, Layton & Finger has a commercial and intellectual property practice. Farnan has represented major cable companies, defense contractors, healthcare companies, manufacturers, pharmaceutical companies and technology companies, among others, in patent and Abbreviated New Drug Application (ANDA) litigations. In March 2017, Farnan led Breckenridge Pharmaceutical in an ANDA case for its product Zortress, a prescription medicine used to prevent transplant rejection, brought by Novartis Pharmaceuticals. After a bench trial, the United States District Court for the District of Delaware found in Breckenridge's favor, invalidating the asserted claims of the Novartis patent covering the medicine.
In 2017, Christopher Samis and Katherine Good were on the Whiteford Taylor & Preston litigation team that represented the Texas-based book, memorabilia, and game and movie rental company Draw Another Circle, the parent company of retailer Hastings Entertainment, in Chapter 11 bankruptcy. In 2016, the company auctioned off its rights to sell its MovieStop stores and SPI Images content. At the time of the bankruptcy filing, the company owed about $70 million under a secured credit agreement with Bank of America, $10 million on a term loan with Pathlight Capital, and $59 million to unsecured creditors. A peer says Samis is an "up-and-coming lawyer" whose practice including corporate bankruptcy, business restructuring and other insolvency-related matters is "right on." Good has a practice focused on corporate restructuring, bankruptcy, and creditors' rights.
District of Columbia
In Bradley's office in the nation's capital, Aron Beezley primarily focuses on government contracts in aspects including negotiation, award, performance and termination. In 2017, Beezley successfully represented Jacobs, an engineering consultant firm, in a U.S. Government Accountability Office bid protest over a $130 million contract from the Army Materiel Command for support services at the Fort Huachuca Military Installation and elsewhere in Arizona as well as other locations. Beezley's heavily government-involved background paved the way for him to serve in his current role as head of Bradley's Government Contracts Cybersecurity group.
On behalf of Advocate Health Care, the largest health system in Illinois, antitrust litigator Kenneth Vorrasi and his Drinker Biddle & Reath team procured a denial of the Federal Trade Commission's request for a preliminary injunction in a closely watched antirust merger with NorthShore University HealthSystem. Although the ruling cleared the way for the 11th largest nonprofit system in the U.S., the companies ended their affiliation agreement after almost three years of litigation. Vorrasi, the firm's Antitrust Team co-chair, dedicates his practice to antitrust and commercial litigation, representing clients in federal and state court, government investigations, and before federal antitrust agencies in obtaining clearance of mergers, acquisitions and joint ventures.
In the last year, Goodwin Procter appellate partner Brian Burgess has played a key role as a lead brief drafter for several pharmaceutical companies in litigation over issues of U.S. Food and Drug Administration drug approval and exclusivity. In one case, Burgess and his team prevailed on summary judgement in litigation for biopharmaceutical company Alkermes in a challenge to its approval for schizophrenia medicine Aristada. An appeal is pending in the D.C. Circuit following a briefing and an argument.
In August 2016, Hunton & Williams insurance partner Syed Ahmad was part of a team that convinced the Sixth Circuit to vacate an arbitration secured by AIG that led to more than $40 million in losses for the firm's client Meadowbrook Insurance Group following a three-year battle. According to a peer, Kerry McGrath "is definitely someone to watch" with her energy and environmental practice. McGrath contributed to one of the most important Clean Water Act rulemaking decisions in decades, involving the scope of the federal jurisdiction in the "waters of the United States" rule. Thirty-one states as well as industry sectors, including McGrath's client the Utility Water Act Group, challenged the Clean Water Rule and got their cases consolidated into one for the Sixth Circuit, which issued a nationwide stay to stop the rule from being implemented. The matter has gone to the U.S. Supreme Court. Amanda Wait regularly works behind the scenes at her antitrust practice, seeing her clients through matters from beginning to end so oftentimes their issues do not become public. The former Federal Trade Commission lawyer heads the firm's Competition and Consumer Protection practice and has a business-focused approach on competition and consumer protection matters including a $1 billion divestiture on behalf of an energy company. Antitrust partner Ryan Shores represents Capital One in ongoing litigation regarding Europay, MasterCard and Visa (EMV) microchip technology. Capital One and a network of defendants face claims that they conspired to shift liability for fraudulent credit card transactions from the issuing banks to merchants during the rollout of microchip-enabled credit cards. The issuing bank defendants' motion to dismiss was granted.
At King & Spalding, Leah Grossi is a partner on the Special Matters/Government Investigations team, with a practice focusing on government investigations, white-collar criminal proceedings and related civil litigation. Grossi defends global corporations with household names in crisis situations, oftentimes handling highly confidential investigations particularly in financial services. Also, on the firm's Special Matters/Government Investigations team, Grant Nichols was a member of the team representing New Jersey Governor Chris Christie in the "Bridgegate" fallout. The situation stemmed from a citizen's complaint filed by gubernatorial candidate William Brennan with the Bergen County Prosecutor over lane realignments of the George Washington Bridge. The federal investigation by the U.S. Attorney's Office for the District of New Jersey led to the six-week federal trial that ended in November 2016 with a jury convicting two former officials–not Christie–and the prosecutor's office did not proceed with the complaint. Dan Hettich, who is prominent in the healthcare litigation arena, represented Yavapai Regional Medical Center in Arizona regarding allegations that the not-for-profit community health system did not reimburse the federal government for overpayments that were caused by an error in its Medicare cost reports. The alleged actual damage was $18 million but was settled for about $6 million.
"If you need somebody who can actually help you and give you the time that you need, you go to Winn Allen," a peer says of the commercial litigator at Kirkland & Ellis. Allen was part of the firm's team that helped earn a win in February 2017 for the State of Georgia, which battled the plaintiff Florida over water use in the Apalachicola-Chattahoochee-Flint River Basin. Hailed by a peer as a "dynamic lawyer," Allen was pivotal in the matter, which was filed directly in the U.S. Supreme Court and assigned a special master who handled the six-week trial. The special master recommended the Court deny Florida's request to limit Georgia's water use since the U.S. Army Corps of Engineers runs five of the dams on the Chattahoochee River and the agency could not be involved in the litigation due to sovereign immunity. The case is currently on appeal. Business litigator Judson Brown and his colleagues represent Caesars Entertainment Operating Company and its 172 debtor subsidiaries–collectively CEOC–in one of the most contentious and high-profile Chapter 11 cases in recent history. After several years and multiple trials, the U.S. Bankruptcy Court for the Northern District of Illinois confirmed a reorganization plan of CEOC's roughly $18 billion capital structures. The plan settles billions of dollars in litigation claims against non-debtor affiliates and other third parties by providing significant creditor recoveries contributed from several sources.
Paul Hughes is a partner in Mayer Brown's Supreme Court & Appellate practice with significant experience in intellectual property appeals. Hughes wrote the briefs in the landmark victory for Impressions Products, which was accused of patent infringement by laser printer and imaging corporation Lexmark. Impressions Products was challenged for buying used Lexmark cartridges, and then refilling and selling them. In June 2017, the U.S. Supreme court ruled that Lexmark could not use its patent to stop other businesses and customers from reselling its product. In August 2016, appellate partner Michael Kimberly obtained a unanimous victory in a U.S. Supreme Court case for a group of Maryland residents who challenged–on First Amendment grounds–the state's 2011 redrawing of its congressional districts. A three-judge federal panel denied the state's motion to dismiss the case. Kimberly previously achieved a unanimous victory in the U.S. Supreme Court in the case, which revived the case and sent it back down for a hearing. The case was set to be tried in the summer of 2017.
Although most of his wins are not publicized due to their nature, James Commons with McDermott Will & Emery has an active practice focused on white-collar and securities defense, government and corporate internal investigations, and civil litigation. Commons has done everything from help companies form and implement compliance programs to serving as a liaison for clients and agencies and convincing government entities to stop pursuing actions against clients.
Antony Kim continues to be a powerhouse at Orrick, where he is a partner in the Antitrust & Competition practice and global co-chair of the Cybersecurity & Data Privacy team. Kim is gearing up for a trial in early 2018 as co-lead litigation counsel for DHL in a case of first impression to test the line between antitrust and bankruptcy law. The logistics company is pursuing a potentially billion-dollar case against United Airlines for allegedly participating in a conspiracy with other airlines in the air cargo industry.
The majority of cases in Mark Lanpher's internal investigations and regulatory enforcement practice at Shearman & Sterling are non-public, but he is well known for his dealings with government enforcement agencies. Lanpher helped the estate of Andrew McKelvey avoid paying a tax on $200 million in capital gains on a prepaid variable contract after the Monster Worldwide founder extended the contract due dates before he died. Also, Lanpher represents Citigroup in an internal investigation with respect to U.S. regulatory and enforcement inquiries concerning a $400 million fraud claim against its Mexican unit Banamex, by Oceanografia and its principals.
There's no stopping Wilkinson Walsh + Eskovitz appellate attorney Lori Alvino McGill, who represents FedEx Ground in ongoing litigation in New York on allegations that the package shipping company illegally transported cigarettes and evaded city and state taxes. McGill also got a class action dismissed with prejudice on behalf of former Food and Drug Administration Commissioner Margaret Hamburg, who was sued by Johnson & Johnson for an alleged conspiracy to approve the antibiotic Levaquin and hide its risks.
In Portland, Joshua Hadiaris handles insurance coverage disputes, legal and medical malpractice, personal injury cases, and product liability at Norman Hanson DeTroy. Hadiaris also represents clients in construction and commercial disputes and real estate, and he defends individuals who have been charged with criminal and traffic offenses. He has tried cases for his clients in superior and district courts across the state in addition to resolving cases in a settlement or plea bargain.
Based in Baltimore, Todd Brooks is a member of the bankruptcy group at Whiteford Taylor Preston, where he has an appellate practice and focuses on debtor/creditor rights. Brooks has put his efforts into defending Credit Suisse in matters including a case in which the financial services company sued Thornburg Mortgage to obtain collateral from the failed mortgage lender. The matter was tried and a judgement of approximately $80 million was obtained. Business litigator Aaron Casagrande and his colleagues are defending USALCO, one of the country's major manufacturers of water treatment chemicals and coagulants for drinking water and wastewater, in a lawsuit with more than $100 million on the line. The multidistrict litigation is a consolidation of class-action lawsuits brought against suppliers of liquid aluminum sulfate by direct and indirect purchasers, alleging violations of federal antitrust and several state laws regarding the sale of liquid aluminum sulfate.
At Goodwin Procter, Sarah Frederick represents clients in product liability mass torts, antitrust multi-district litigation and putative class actions, and challenges to agency actions at the trial and appellate levels and has experience in the pharmaceutical industry. Frederick handles several matters for Teva Pharmaceuticals U.S.A. including an ongoing defense of private class-action antitrust litigation challenging the terms of the patent litigation settlement between the company's subsidiary Barr Laboratories and Boehringer Ingelheim over the medicine Aggrenox. This case raises legal issues in light of the Supreme Court's 2013 decision on Actavis concerning the antitrust treatment of patent settlements in the pharmaceutical industry–such as "reverse payments" or "pay for delay."
At Ropes & Gray in Boston, Aaron Katz specializes in government enforcement and has stayed busy with False Claims Act dealings including a case involving a home healthcare entity accused of federal and state Medicare fraud in New Jersey currently in full discovery. On the pro bono side, Katz is litigating on behalf of an Iraqi war veteran on death row in Alabama for murder after a judge overrode a unanimous jury decision to sentence him to life in prison. Katz plans to highlight how trial lawyers failed to present evidence of Lockhart's battlefield experience, which resulted in posttraumatic stress disorder (PTSD).
Sara Hirshon with Verrill Dana has represented closely held private companies, Fortune 500 companies, government agencies, not-for-profit corporations, and families and individuals to manage disputes through arbitration, litigation or mediation. Hirshon also focuses on probate litigation, fashion and design law, and franchise and dealership matters. Additionally, she steps in on behalf of foreign clients in securing intellectual property rights in the U.S., and obtaining foreign protection for rights secured domestically.
Since 2003, Gibbons has represented Hoffmann-La Roche and Roche Laboratories in the In re Accutane Multi-County Litigation pending in the Superior Court of New Jersey. Product liability partner Natalie Mantell is a member of Roche’s core Accutane litigation team, and has served as the lead Gibbons partner and New Jersey counsel of record since 2016. As part of Roche's appellate team, Mantell has worked on several appeals that were resolved in the client's favor, including two companion cases in which the Appellate Division vacated jury verdicts totaling $18 million and remanded for a new trial. In another, the Appellate Division vacated a jury verdict of approximately $26 million, which the plaintiff has petitioned the Court to review. Mantell's practice focuses on pharmaceutical and medical device litigation, multi-county litigation, and product liability as well as appellate matters. Samuel Portnoy is a large-scale business and commercial litigator whose primary areas of focus include breach of contract, common law fraud, and securities fraud. In the last year, Portnoy represented CIGNA as health plan benefits administrator against out-of-network healthcare providers who allegedly waived or did not collect co-insurance, co-pay and other payments required by the coverage terms of the health plans or submitted bills for benefits that did not reflect obligations of the plan beneficiaries.
Bernstein Litowitz Berger & Grossmann securities litigators Michael Blatchley and Katherine Sinderson were lead counsel in a securities fraud class action on behalf of Salix Pharmaceuticals, which claimed a wholesaler was "channel stuffing" by misrepresenting inventory levels for key products to artificially inflate Salix's stock prices. The pair recovered $210 million in the case, in which the settlement is pending. Blatchley also is a member of the firm's New Matter department, which includes a team of attorneys, financial analysts, forensic accountants and investigators who counsel the firm's clients on legal claims. Sinderson was among co-lead counsel in representing Dole shareholders who claimed the food company did not pay them enough money when the company received a buyout to go private. Claims stated that the defendants made misleading statements or omitted information to decrease Dole's price and allow the company's CEO and chairman to obtain outstanding publicly traded shares for a reduced price. The matter concluded in mediation that led to a $74 million settlement.
Blank Rome's Jared Zola convinced a New York federal judge to grant Petroterminal de Panama's motion for summary judgement after the oil storage and transfer company met its burden of proof that coverage may exist for a steel pipe pile that collapsed in the ocean. Petroterminal sued its more than a dozen London-based insurers for millions of dollars after they denied to cover resulting property damage, claiming the pier collapsed from wear and tear excluded from its policies. The insurance-focused practitioner was also appointed by the U.S. Bankruptcy Court for the District of Minnesota as special insurance coverage counsel to the debtor the Catholic Diocese of Duluth. He successfully presented oral argument and obtained partial summary judgement rejecting an insurer's attempt to avoid sexual abuse coverage based on a policy exclusion in the pending matter.
Cravath Swaine & Moore's Margaret D'Amico and Kevin Orsini represent Time Warner, which faces antitrust issues related to its pending $108.7 billion sale to AT&T–combining the media conglomerate's content with the telecommunications giant's customer relationships, and pay TV subscriber base and scale in TV, mobile and broadband distribution. D'Amico, who a peer calls an "antitrust superstar," represents Anheuser-Busch InBev on antitrust matters in the U.S. regarding its $123 billion acquisition of SABMiller and the $12 billion sale of SABMiller's U.S. and global Miller-branded businesses to Molson Coors. Orsini is "just fabulous and charismatic, with an amazing presence that fills the courtroom," a peer says. He practices antitrust, commercial, and securities, among other types of litigation; co-chairs the firm's Business Development Group; and has had clients including American Express, Black Entertainment Television, Goldman Sachs, IBM, JPMorgan Chase, and Viacom. A peer "thinks very highly" of Wesley Earnhardt, whose practice focuses on antitrust, business torts, contracts, intellectual property, media law, and securities litigation. The peer adds that Earnhardt is "very sharp at law," as demonstrated in his representation of Spirit AeroSystems in a pending lawsuit filed by Boeing, the company from which it originated. In the Delaware Superior Court case, Boeing seeks indemnification for damages and expenses incurred as a result of two proceedings initiated by former Boeing employees. Damaris Hernández's civil litigation practice focuses on securities and Employee Retirement Income Security Act matters, shareholder demands, and internal corporate investigations and government investigations related to antitrust and the Foreign Corrupt Practices Act. Hernández has been lauded for her key role in representing Argentina while the nation faced holdout litigation brought by holders of its defaulted sovereign debt. Last year, she was part of the team that obtained a vacatur of extraordinary injunctions that had been imposed on the Republic in 2012 and 2015. The outcome allowed Argentina to resolve much of its litigation with creditors and return to the international capital markets for the first time since its $80 billion default in 2001. She became Cravath's first Latina partner "last year but has been functioning as a partner before that," a peer says. "She's exceptionally busy and does a great job." Rory Leraris was "born and bred to be a general litigator," a peer says of the partner who has made her mark in the antitrust, commercial, mergers and acquisitions, and securities arenas. Her clients have included Alcoa, Credit Suisse, IBM, The Jones Group, Kraton, Saint-Gobain, Viacom, Xerox and others. She represented American Express (AMEX) when the Second Circuit of Appeals reversed a prior district court ruling that its merchant acceptance rules violated federal antitrust law; the Second Circuit remanded the case with instructions to enter judgement in favor of AMEX. Peers say they have heard legends of Lauren Moskowitz, deemed as the "right-hand woman" for commercial, intellectual property, and securities litigation. A peer adds, "I have nothing but the best to say about the client service and legal brilliance" Moskowitz offers in matters including her representation of Credit Suisse as nationwide coordinating counsel in its residential mortgage-backed securities litigation; she serves as lead counsel in 10 pending lawsuits. Omid Nasab spearheads the Financial Restructuring & Reorganization practice and offers insight on various litigation matters in addition to bankruptcy including environmental, intellectual property, and mergers and acquisitions. In the past year, Nasab was the lead litigator on the Cravath team that represented Credit Suisse as lender and administrative agent of the revolving credit facility provided to replacement auto maker UCI International's Chapter 11 bankruptcy. The credit facility was repaid in full upon plan confirmation. Nasab excelled in handing the matter, which a peer says was a "test of his competence, will and legal ability."
According to a peer, Jim Pastore "is developing a serious practice at Debevoise & Plimpton handling cybersecurity." Pastore's practice also includes intellectual property with an emphasis on copyrights, trademarks and patents. He has spent a busy year working on everything from tabletop exercises for Fortune 500 companies to helping small- to medium-sized companies deal with breaches. Pastore has been handling a breach for a company that provides the backend digital commerce for 40 retailers by helping navigate all matters under inquiry from retail clients and a state attorney general. Another Debevoise & Plimpton litigator, Ina Popova, focuses on international arbitration and litigation and public international law, frequently handling matters in French and Spanish and managing disputes out of Africa and Latin America. A peer says Popova "immediately comes to mind" when discussing young trailblazers. She is working with a team of attorneys from Debevoise as well as different firms in representing the owner of a London football club as well as five other Italian investors in International Centre for Settlement of Investment Disputes proceedings against Albania. The litigation follows a dispute over investments in a hydroelectric plant and a media company. She helped win a historic order of provisional measures to suspend criminal and extradition proceedings.
Based in New York, Tibor Nagy is the founding partner of the boutique firm Dontzin Nagy & Fleissig and has made of name for himself throughout the country with his practice, which focuses on commercial, securities, white-collar crime litigation. Known for quickly closing cases, Nagy took on an eight-year-old multibillion-dollar matter on behalf JPMorgan Chase three months before trial in New York State Court. The case settled halfway into the four-week trial. Nagy and named partner Matthew Dontzin represented a prominent hedge fund in a multibillion-dollar Racketeer Influenced and Corrupt Organizations (RICO) Act case in which Nagy successfully argued the motion for summary judgement and the appeal in New Jersey courts. The Court affirmed the dismissal of the claims, finding that New York law, which does not allow private civil RICO claims, applied because the alleged wrongdoing was mainly in the state.
Herbert Smith Freehills' Benjamin Rubinstein has a practice including dispute resolution, product liability, class actions, and commercial litigation matters. Rubinstein is a lead partner in a case in which the firm serves as counsel for several British American Tobacco (BAT) companies in smoking and health lawsuits domestically and around the world. He advises BAT companies in a healthcare recoupment lawsuit in Canada, where 10 provinces are collectively seeking hundreds of billions of dollars in recovery costs allegedly due to smoking.
Holwell Shuster & Goldberg founding partner and commercial litigator Dorit Black manages a practice focused on international arbitration. Black has been a lead attorney representing Japan-based Taisho Pharmaceutical in an ongoing $25 million International Chamber of Commerce arbitration against the sellers of a Mexican pharmaceutical and over-the-counter products manufacturer. The arbitration involves allegations of breaches of representation and warranties affecting the target's financial statements as well as claims of regulatory proceedings before the FDA and its Mexican counterpart. Brendon DeMay has developed a specialty in billion-dollar litigation against banks and other financial institutions arising out of their roles in the 2007-2008 financial crisis. DeMay litigates in the ongoing matter for which the firm was called upon to represent First U.S. Bank, and also Wilmington Trust, as trustees to serve as lead trial counsel in the prosecution of RMBS putback claims against Lehman across more than 150 RMBS trusts. The clients assert claims of breach of contractual representations and warranties concerning tens of thousands of defective mortgage loans that Lehman securitized before it failed at the start of the financial crisis in the late 2000's. Lehman set a reserve of billions of dollars to pay RMBS claims filed by U.S. Bank and other RMBS trustees. Avi Israeli, who litigates commercial disputes, represents various directors and officers of Liquid Holdings Group, a cloud-based trading and portfolio management company and current defendant in an ongoing securities fraud class-action suit with Daniel Sullivan. Sullivan's practice centers on commercial litigation, appeals, and transnational litigation. He was a lead attorney on a case to defend automotive manufacturer Hilite International in a successful post-trial appeal on patent claims involving variable valve timing in automobile cam phasers. The Federal Circuit found inventor Jean Melchior's patents invalid and reversed a $16.7 million award to the patent holder. His peer says that "he is brilliant but very humble." Blair Kaminsky has a wide-ranging complex commercial litigation practice and is involved in several cases dealing with residential mortgage-backed securities. Kaminsky represents the Bank of New York Mellon, which seeks nearly $1 billion in an RMBS put-back case against now-defunct WMC Mortgage. Kaminsky also is the firm's corporate representative to Her Justice, a New York City-based nonprofit that provides free legal help in family, matrimonial and immigration law to women living in poverty in New York City. Vincent Levy helped lead the firm in representing plaintiff Montreux Partners and other holders of defaulted Argentine debt in litigation pending in the Southern District of New York. In a rare decision, the Second Circuit allowed for the lifting of an injunction so Argentina and its bondholders settled for more than $6 million. The clients received settlement payments of more than $300 million. Levy represents individuals and corporations in commercial disputes, bankruptcy-related litigation, class actions, derivative suits, shareholder demands, and investigatory and regulatory matters. Also, he is a lead attorney for Valassis Communications, which is suing News Corp. on allegations of federal and state antitrust violations, among others, and is seeking more than $1 billion. Commercial litigator Demian Ordway is a lead attorney accompanying founding partner Michael Shuster in defending Visa in a nationwide putative class action against merchants alleging that the financial corporation and other banks conspired to impose rules and fix fees governing credit and debit card transactions in violation of antitrust laws. Currently in the discovery phase–with deposition of hundreds of witnesses–the matter involves class and individual merchants seeking billions of dollars in damages.
In March 2017, Christian Becker and his team at Kasowitz Benson & Torres reached a settlement in a highly publicized $3 billion accounting malpractice action that the firm's client MF Global Holdings brought against PricewaterhouseCoopers in the Southern District of New York. The lawsuit was settled in the third week of the trial. Becker shares his expertise with individuals and companies in litigating commercial, securities, and white-collar criminal defense and internal investigations matters. Bankruptcy attorney Daniel Fliman has taken the lead on significant litigation for client Whitebox Advisors, a debtor affected by Puerto Rico's insolvency issues. Fliman is part of a team that represents the financial planning company that holds Puerto Rico Sales Tax Financing Corporation capital appreciation bonds. Fliman also is active in bankruptcy matters for a TPG Capital, one of the largest private equity companies in the world and a majority owner of mega casino and gaming operator Caesars Entertainment Corporation. The corporation's subsidiary CEOC is in a large and complex bankruptcy proceeding, which includes voluntary and involuntary bankruptcy petitions, a court-appointed examiner conducting an investigation, and multiple creditors' committees in Chicago. The bankruptcy was resolved in accordance with a plan of reorganization, which should be effective in 2017. Antitrust, commercial and securities litigator Sarah Leivick represents Ford, the subject of investigation involving claims arising from global price-fixing, bid-rigging and customer allocation cartels by automotive parts suppliers. The probes have resulted in dozens of guilty pleas in the U.S., almost $3 billion in criminal fines and adverse findings in foreign jurisdictions.
McKool Smith's largest office just got bigger with the recent addition of commercial litigator Zach Mazin. He continues his work on matters including product liability, securities and as well as alternative dispute resolution. Mazin earns recognition for his litigation in response to the mortgage loans that set off the 2008 financial crisis.
At Milbank Tweed Hadley & McCloy, Robert Hora showed off his commercial and securities litigation skills alongside fellow attorneys who prevailed on behalf of AXA Equitable Funds Management Group (FMG) and AXA Equitable Life Insurance Company (AXA) in August 2016 in a precedent-setting "excessive mutual fund fee” trial in the U.S. District Court for the District of New Jersey based on the Investment Company Act of 1940. The plaintiff sought more than $550 million in damages on allegations that AXA received excessive investment management and administrative fees with respect to mutual funds in breach of its fiduciary duties under Section 36(b) in the case, which was dismissed with prejudice. Hora later obtained a trial victory in a similar action for Hartford Investment Financial Services and Hartford Funds Management Company, as well a dismissal with prejudice in another excessive fee action for Prospect Capital Management and Prospect Administration. Atara Miller focuses on litigating commercial matters in federal and state court and bankruptcy-related issues. More specifically, Miller handles music licensing rights, recently litigating and negotiating appropriate rates for Broadcast Music, Inc. (BMI) including cases against cable TV channel ESPN and the radio industry. She also has experience in the financial restructuring space.
Brian Jacobs with Morvillo Abramowitz Grand Iason & Anello runs his appellate and investigations practice as "one of these [attorneys] that knows what the law is and is not afraid to say it and tell you how it is," a peer says. He represented a consultant in connection with the federal investigation of fundraising by New York City Mayor Bill de Blasio's office, and no charges were brought against the client. Also, the former federal prosecutor represents the special committee of board of directors of a global media company in connection with the Eastern District of New York Fédération Internationale de Football Association investigation involving possible corruption plaguing the organization.
Patterson Belknap Webb & Tyler's Muhammad Faridi and Adeeli Mangi teamed up to face federal courts on behalf of Muslim groups who claimed they were illegally denied permits to build mosques in New Jersey. The litigators stepped in for the Islamic Society of Basking Ridge, which sued Bernards Township after officials changed zoning ordinances to prevent the group from constructing the building. The DoJ also filed a complaint on the grounds that the zoning board violated the Religious Land Use and Institutionalized Persons Act that prohibits religious discrimination. As part of a settlement agreement, the City will pay the organization $3.25 million in damages and attorneys' fees and allow the mosque to be built. Also, Mangi and Faridi are representing the community group Bayonne Muslims that filed a federal lawsuit against the city of Bayonne for a similar matter. Mangi's practice is centered on antitrust, commercial, intellectual property and false advertising. Lauded by a peer as "exceptional and extremely talented," Faridi concentrates on commercial and bankruptcy litigation. Jonah Knobler represents some of the nation's most well-known food, beverage, pharmaceutical and dietary supplement manufacturers as well as print and digital media companies in his practice, which includes consumer class actions, false advertising, and intellectual property matters. Knobler achieved a dismissal in a putative class action filed in the Northern District of California alleging that Hershey products are deceptively labelled because the chocolate manufacturer does not disclose that the global supply chain for cocoa includes the use of forced child labor. The Court acknowledged that child labor practices raise ethical questions but Hershey is not required to share the existence of such practices on its product labels. Knobler currently represents the manufacturer on the plaintiff's appeal.
A former professor of international law, Quinn Emanuel Urquhart & Sullivan's Tai-Heng Cheng attends to a practice notable for investor-state and commercial arbitrations worldwide as well as in domestic litigation and regulatory investigations. Cheng represented a New York Stock Exchange-listed international company in matters in the U.S. stemming from a short-seller reports. He put an end to regulatory investigations, got a securities class action lawsuit dismissed in California, and in an unprecedented move, defeated a motion to dismiss defamatory claims brought against the short sellers in New York.
Sidley Austin's Dorothy Spenner is praised for her commercial and securities litigation work as well as for her pro bono work. Spenner offered her time in a Second Circuit high-profile matter regarding the U.S. Supreme Court's interpretation in Mathis vs. United States–a landmark decision concerning immigration and divisibility in sentencing and deportation legislation.
Matthew Schwartz of Sullivan and Cromwell excels in a wide-range of litigation matters including those involving securities. Schwartz has represented the financial services company UBS in several matters including a case in which he helped lead the way in obtaining a dismissal with prejudice of all claims in a $500 million breach of contract matter.
Arun Subramanian stands out with his antitrust, bankruptcy, and intellectual property practice at Susman Godfrey. Subramanian is co-lead counsel in ongoing antitrust class action multidistrict litigation on behalf of plaintiffs who allege that international investment banks including Barclays have conspired with rivals to rig the London Interbank Offered Rate. So far, Subramanian and his team have settled with Barclays for $120 million.
Carrie Reilly, who has a securities practice at Wachtell Lipton Rosen & Katz, played a role in the firm's representation of Abbott Laboratories, which was embroiled in a battle over the terms of its purchase of diagnostics firm Alere. The companies agreed to their drop lawsuits against each other and decided on a $5.3 billion takeover price, which was a decrease of $500 million from an initial amount. A peer recommends Wachtell's Kevin Schwartz as a "fantastic lawyer and writer who has great judgement." Schwartz concentrates on commercial, corporate, and securities litigation at the trial and appellate levels. He also works on various regulatory and corporate governance matters. As chair of the Judiciary Committee of the New York City Bar Association, Schwartz leads a group of 50 lawyers from across the area in reviewing and interviewing judicial nominees for state and federal courts based in the city, as well as candidates for district attorney in the five boroughs and nominees for U.S. Attorney for the Southern and Eastern districts of New York.
"Phenomenal" is how a peer describes Garrett Fail's work at Weil Gotshal & Manges. Fail represents debtors as well as stakeholders in Chapter 11 reorganizations and out-of-court debt restructurings. He is co-lead counsel to Westinghouse Electric Corporation, a subsidiary of Japan-based Toshiba, in its $9.8 billion Chapter 11 proceeding. Fail also has been instrumental to Aéropostale's Chapter 11 reorganization, which prevented a wholesale liquidation, saving hundreds of stores and more than 10,000 jobs. Jared Friedmann wrapped up a seven-year battle on behalf of Port Authority of New York and New Jersey against its largest marine terminal operator Maher Terminals. Friedmann, who excels in commercial litigation, turned a $500 million potential liability into a $25 million win. Eric Hochstadt's practice centers on antitrust litigation in an assortment of areas. Hochstadt and the Weil team obtained a dismissal with prejudice of all claims for Farmers Insurance and other affiliates in nearly 20 cases brought by automotive repair shops nationwide on allegations of antitrust, Racketeer Influenced and Corrupt Organizations (RICO) Act violations, and other state law violations to artificially suppress reimbursement rates. Hochstadt earned a compliment from a peer for being "a terrific litigator" who has done "impressive work for his age." Securities litigator Stacy Nettleton served as co-lead counsel to secure a major victory in 2016 for Signet Jewelers in shareholder litigations and an appraisal proceeding following its $690 million acquisition of Zale Corporation before the Delaware Supreme Court.
No stranger to the courtroom, James Clark of Fox Rothschild handles commercial litigation, government and internal investigations, regulatory affairs and environmental matters, and white-collar compliance and criminal defense, as well as healthcare and insurance disputes. In 2016, Clark was on a defense team representing tennis star Maria Sharapova in anti-doping proceedings–stemming from a 2015 violation in which she tested positive for a banned substance–before the International Tennis Federation. Through the appeal process, Clark and the team got Sharapova's four-year ban from the sport reduced to fifteen months and back-dated to the date of the failed test.
Carmon Harvey co-leads of LeClairRyan's Labor and Employment Practice team, which is made up of more than 50 attorneys across the nation, and Harvey is the office leader for the Philadelphia office. She litigates a full caseload and counsels clients on a number of employment matters. In the past year, Harvey has prevailed on dispositive motions to dismiss or for summary judgement in five separate employment discrimination or retaliation cases.
In Partridge Snow & Hahn's Providence office, Paul Kessimian co-chairs the firm's Litigation Practice Group and represents clients in civil litigation. The litigator handles breach of contract, commercial, environmental, insurance, intellectual property, and real estate matters in trial and appellate courts. The Fall River Office of Economic Development Board has sought counsel from Kessimian regarding how the mayor will allocate funding for the group.