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We are 725+ lawyers serving clients from 12 offices located in the leading financial and business centers in the Americas, Europe and Asia. The world’s leading organizations, companies and corporations choose us to be their representatives in their most critical situations. But more, they consider Proskauer a strategic partner to drive their business forward. We work with asset managers, major sports leagues, Fortune 500 companies, entertainment industry legends and other industry-redefining companies.
Proskauer’s Litigation Department wins make-or-break cases, changes laws and establishes precedents. Our litigators cover the full spectrum of complex commercial litigation practice areas, including: antitrust, asset management, bankruptcy, copyright, false advertising, insurance recovery, patent, privacy and cybersecurity, products liability, real estate, international arbitration, securities, sports, trademark and white collar. We are also known for our appellate practice, which handles appeals in federal and state court, and advises on trial issues.
Proskauer’s 150+ litigators have built a track record of success both inside and outside the courtroom. We pride ourselves on being trial lawyers, and we have extensive experience trying cases before juries, judges and arbitral tribunals throughout the U.S. and abroad. Where appropriate, we embrace alternative dispute resolution and have achieved significant success resolving challenging matters for our clients. Our lawyers include former senior government officials and prosecutors with formidable trial and regulatory experience. Our litigators have served as the U.S. Attorneys for New Jersey and the Southern District of Illinois; chiefs and deputy chiefs of divisions of U.S. Attorney’s offices in New York and the District of Columbia; General Counsel of the SEC; New York Deputy Attorney General; the Corporation Counsel of the City of New York; clerks for justices of the U.S. Supreme Court. Our litigators have consistently earned top rankings from Chambers and The Legal 500, U.S. News Best Lawyers, Daily Journal and The American Lawyer. The Firm was recently noted in the New York Law Journal as a General Litigation Finalist for Litigation Department of the Year.
Select recent representations include:
Representation of Financial Oversight and Management Board for Puerto Rico, created by the United States Congress to restore the long-term economic viability of the most populous US territory, Puerto Rico. Puerto Rico has approximately $74 billion of bond debt and $50 billion of underfunded public pension liabilities. We are serving as lead counsel with respect to all aspects of the five Title III debt adjustment proceedings, including over 70 related adversary proceedings and over 20 related appeals to the United States Court of Appeals for the First Circuit and the Supreme Court of the United States. This docket is likely the most active docket in the United States, involving the most sophisticated counsel, and we are involved in literally every filing.
Lead trial counsel for the “Power 5 Conferences” (Pac 12, Big Ten, Big 12, ACC, and SEC) in complex antitrust litigation in U.S. District Court in Oakland, CA, against the NCAA and eleven collegiate athletic conferences challenging the limits on compensation and benefits for student-athletes. Following a ten-day bench trial, the Court held that the rules promote demand for college sports by recognizing the distinction with professional sports. The Court rejected plaintiffs’ effort to eliminate all rules limiting athlete compensation and removed only those rules limiting in-kind educational benefits. The ruling was upheld on appeal.
Lead counsel for Johnson & Johnson in a two-week Daubert hearing before the U.S. District Court in Trenton, NJ, in multi-district litigation (MDL) proceedings involving the alleged link between talcum powder and ovarian cancer. The MDL action featured cross-examination of the parties’ experts to determine whether their proffered testimony could satisfy the minimum standards for the admissibility of scientific evidence.
Defense of MLS against a lawsuit brought by the North American Soccer League (NASL) against MLS and the US Soccer Federation following US Soccer’s decision not to sanction NASL as a Division II professional league for the 2018 season. NASL alleges that MLS and US Soccer are engaged in an antitrust conspiracy to ensure that MLS is the sole Division I soccer league in the United States, and further alleges that MLS is an illegal monopoly in violation of the Sherman Act.
Representation of Amgen in BPCIA litigation involving dozens of patents against Genentech and City of Hope in connection with Amgen’s Mvasi biosimilar to Genentech’s Avastin product, an antibody-based cancer therapy. Over the past twelve months, we have obtained dismissal of various claims on an issue of first impression, obtained favorable claim constructions for key patents being asserted, and defeated motions for a temporary restraining order and preliminary injunction, as well as a motion for an injunction pending appeal. These successes facilitated Amgen’s first-ever at-risk U.S. launch of a biosimilar.
Representation of Shire in defense of a lawsuit filed on behalf of the former shareholders of FerroKin BioSciences, Inc., in Delaware Chancery Court. The lawsuit relates to a disputed $45 million milestone payment tied to the initiation of Phase III clinical trials. We vigorously defended against FerroKin’s claims during a week-long trial in Chancery Court in October 2019. Post-trial arguments occurred in March 2020, followed by supplemental post-trial briefing as requested by the court. We are awaiting the Court’s ruling.
Lead counsel for toy company, Mattel and their co-defendants in 25 separate product liability wrongful death cases in Delaware and California state courts related to the Fisher Price Rock-n-Play Sleeper (RNPS). The cases allege that the RNPS was not safe for use as a sleeping device for infants.
Representation of Shamrock Capital Advisors, a private equity firm that was one of the principal investors in FanDuel, a bookmaker and fantasy sports provider, in a litigation brought by FanDuel’s founders and other minority shareholders in New York state court. The lawsuit, which was filed after a merger between FanDuel and Paddy Power Betfair (PPB), a European sportsbook, alleges breach of fiduciary duty, aiding and abetting breach of fiduciary duty, and unjust enrichment against FanDuel board members and shareholders.
Representation of Daybreak Foods in the first major price gouging class action lawsuit filed in the aftermath of the COVID-19 pandemic. Plaintiffs allege that Defendants—producers in the egg industry—raised the price of eggs in excess of lawful levels during the months following California’s state of emergency declaration. Plaintiffs seek restitution for the price they allegedly overpaid for eggs during the relevant time period, as well as an injunction preventing Defendants from selling eggs at a level greater than 10 percent the price prior to the declaration of a state of emergency.
Represented Bed Bath & Beyond Inc. in connection with its litigation against 1-800-FLOWERS.COM, Inc. to compel the closing of the sale of PersonalizationMall.com. In July 2020, the parties entered into a settlement agreement, pursuant to which 1-800-FLOWERS.COM agreed to move forward with its purchase of PersonalizationMall.com from Bed Bath & Beyond Inc. for $245 million, subject to certain working capital and other adjustments.
Last updated Sep 2020