Freshfields

New York

Review

Dispute resolution

Freshfields is well established as a strategically connected legal forcearound the globe.It is the only one of the London-headquartered “Magic Circle” firms to have established itself as apowerhouse in litigation, as opposed to just the corporate and transactional work that is the primary driver of this prestigious group. Freshfieldshas further extended its reach intotheUSlitigation space with the addition of a securities and shareholder litigation practice, which, entering only its fifth year, has already demonstrated aptitude for complex bet-the-company disputeson both the East and West Coasts.“Freshfields was able to pull a few great hires in,” observes a peer. “That firm has a huge footprint – they have a huge balance sheet so they can afford the talent.” A client testifies, “We started using Freshfields as US securities law counsel, but have since accessed their team across various specialty groups - secured lending, M&A, executive compensation, bankruptcy/insolvency, civil litigation, etc.  They continue to impress us with the depth of expertise and consistent high quality of the partners.” Another states, “Freshfields has a few matters with us where they are conducting internal investigations and where we have had to report on those matters to the DoJ and SEC. They have a very skilled and experienced investigations team and have a strong international presence, so they are well-suited to conducting complex international investigations. They also are responsive to our concerns about budget.”
     Freshfields proved its ability to “pull a few great hires in” once again this year, when it lured Gayle Rosenstein Klein to its New York office. Klein, a multi-faceted commercial litigator who joined from Schulte Roth & Zabel, has developed her own fan base among peers. “That really is another super hire – talk about going from strength to strength for them.”
     Much of the success of the securities and shareholder group is attributable to its co-head,Meredith Kotlerof the New York office, who decamped from Cleary Gottlieb to build out the Freshfields team. Kotler is regularly trusted by global institutions and corporations for her keen, sophisticated representation infinancial securities-relateddisputes that often involve class actions as well as shareholder derivatives. “She did great,” attests one peer of Kotler’s incredible success with business development and recruiting. “She knew who she wanted and had the Freshfields machine supporting her.” Another peer testifies, “I did a panel with her recently and she really knows her stuff when it comes to securities.” Another key member of this team, Mary Eaton, is also generating acclaim, further elevating the firm’s securities profile. A client addresses Eaton as “strategic and responsive,” and asserts, “Directors hang on her words.” A peer confirms, “Mary is doing 3M cases, which are pretty messy. She and Meredith are a pretty strong duo.” This duo successfully represented AstraZeneca, its CEO, and several other executives in a putative class action in the Southern District of New York, challenging disclosures regarding AstraZeneca’s COVID-19 vaccine, including alleged problems with its clinical trials and prospects for FDA emergency use authorization. The team scored a motion to dismiss, which plaintiffs appealed. Kotler argued this appeal in May 2023, and a dismissal was granted. Eaton also has historically represented Citigroup, a client that continues to call on her services. “Mary is counsel on that ‘Oops! We meant to wire $9 million and instead wired $900 million’ case, which is a big deal,” asserts a peer.
     Freshfields’ double-pronged securities offensive has been equally successful in California, where Boris Feldman, a “towering figure of the securities bar,” and Doru Gavril have established the firm’s foothold in that market. One peer testifies, “I know Boris Feldman very well. He has such a big name, that anchor will drop deep in the [Silicon] Valley. He is a legend out here; I’ll be on a bus and talk to someone about him and they’ll know him! He’s also just a social animal, so he gets around. I also know Doru, who is great. Another peer stresses, “Boris is one of the best-known lawyers in the Bay Area, and at Freshfields he’s the head of technology. I think this is more what he wants to do. He’s got a real keen sense for tech and is getting more into securities cases that specifically involve this area. And he’s a more senior partner, so for someone to be doing that at his age demonstrates his ambitions.” Feldman and Gavril have paired up to represent numerous household-name Bay Area clients in securities and derivative litigation, including Instacart, Alphabet and Tesla.
    
While Freshfields is certainly “having a moment” in securities, it is also celebrated in other key areas. The firm’s domestic white-collar team has been particularly active of late. The global co-head of this practice, New York’s Adam Siegel, is championed as “a great talent right in that ‘sweet spot’ of having experience but still plenty of headroom.” Among several other appointments, Siegel provides extensive advice to a major global oil company across its international subsidiaries, covering internal and external investigations and significant compliance risks.  Also in New York, David Livshiz is garnering increasing acclaim for his broad-based commercial litigation practice that incorporates investigations as well as bankruptcy work. A client extols on his behalf, “He is incredibly responsive and practical. He has a deep understanding of our business and is commercially savvy, so his legal advice is very strategic. He does a great job of putting together and leading great teams that are tailored to the particular matter.” In DC, Eric Bruce is lauded by a client as “extremely smart, very experienced, and easy to work with. He understands client needs, has creative ideas, asks for and implements feedback, has credibility with the DoJ and SEC -- he's a superstar!”
     Freshfields has historically held a pole position in international arbitration, and this continues. In particular, Noiana Marigo in the New York office is addressed by peers as “extremely strong, Argentine trained, but a long time here in the US and can do cases in English and Spanish.”