District of Columbia

Firm overview

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 also 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 U.S. 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 100 related adversary proceedings and over 60 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 Monsanto and its parent company Bayer in multiple California cases alleging the herbicide RoundUp causes non-Hodgkin’s lymphoma (“NHL”). The vast majority of pending cases were settled before trial as part of Bayer’s (nearly) global settlement of the RoundUp cases. A relatively small subset of cases was not settled, however, and Proskauer tried the first of these in San Bernardino beginning in July 2021. In that case, plaintiff Donnetta Stephens alleges that her NHL was caused by her periodic use of RoundUp in her backyard. 

Defense of Gilead Sciences in various Northern California state and federal product liability actions brought by ~17,000 plaintiffs related to Gilead’s HIV prevention and treatment drugs. The cases allege that Gilead failed adequately to warn about the increased risk of potential kidney disease and bone injury that could result from its highly effective and FDA-approved HIV medications. The plaintiffs also allege that Gilead held back safer drugs that it could have brought to market sooner. 

Defense of  Major League Soccer (MLS) against a lawsuit brought by the North American Soccer League (NASL) against MLS and the U.S. Soccer Federation following U.S. Soccer’s decision not to sanction NASL as a Division II professional league for the 2018 season. NASL alleges that MLS and U.S. 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. 

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 Alvogen and Natco in a complex Hatch-Waxman matter involving at least 18 of AbbVie/Pharmacyclics patents and Janssen Biotech. The case involves issues that relate to Alvogen’s and Natco’s commercialization of a generic version of Pharmacyclics/AbbVie’s blockbuster cancer therapy, Imbruvica, which is among the world’s bestselling drugs. We obtained a very favorable accelerated schedule—one year to trial, which is virtually unprecedented in a Hatch-Waxman case where a 30-month stay of FDA approval allows for trial dates at least 2.5 years out. This accelerated schedule will facilitate a possible earlier entry to market of the clients’ products. 

Lead counsel for toy company, Mattel and their co-defendants in 35 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. 

Trial counsel for Tiffany & Co. in a closely-watched retrial of a trademark infringement and counterfeiting case brought against Costco in the Southern District of New York based on Costco’s use of the term “Tiffany” on point-of-sale signs for diamond engagement rings. The case settled favorably before trial. 

Representation of Wayne Farms, one of the largest producers of broilers (chicken) in the U.S., defending numerous class actions filed both by classes of direct purchasers and indirect purchasers, who assert a damages claim against the defendants of $48 billion. The case is the largest current antitrust case in the U.S. in the food industry.

Updated Sep 2021

Firm overview

MoloLamken is a law firm focused exclusively on representing clients in complex disputes. It handles civil, criminal, and regulatory matters, as well as appeals, across the United States. The firm’s clients span the globe. MoloLamken is involved in some of the most significant disputes of the day. 

The firm’s founding partners, Steven Molo and Jeffrey Lamken, developed national reputations based on their courtroom successes while partners at large full-service firms where they held leadership positions. With an abiding belief that complex disputes are most effectively handled by smaller teams comprised of smart, highly experienced lawyers focused on results rather than process, they formed the firm. 

MoloLamken provides experienced advocacy – for claimants as well as defendants – before judges, juries, arbitral forums, and courts of appeals, including the Supreme Court of the United States. The firm also represents clients in regulatory and criminal investigations and conducts internal investigations.

Firm overview

Litigation Practice: The Paul, Weiss Litigation Department is unparalleled in achieving successful results for our clients. We regularly go up against the most skilled adversaries in the world, winning decisive trial, arbitration and appellate victories, and we have vast experience successfully handling a range of regulatory and enforcement inquiries and internal investigations. Our clients include Fortune 50 corporations and well-known financial services, energy, technology, sports, biopharmaceuticals, medical devices, media, asset management, insurance, industrials and other companies.

We are trial lawyers, not just litigators. Our ability and confidence to go to trial and win, no matter how great the stakes, is a key weapon in our arsenal. Our unmatched track record of success at trial also helps us eliminate our clients’ most damaging exposures and reach highly favorable settlements. We also play the long game from day one, preparing to win at trial and building an evidentiary record to succeed on appeal.

In addition to our deep bench of courtroom veterans, our team features numerous former senior officials at the U.S. Department of Justice, the U.S. Securities and Exchange Commission, the U.S. Treasury Department, the Consumer Financial Protection Bureau, the U.S. Federal Trade Commission, the N.Y. Attorney General’s office and the White House, among others.

Our lawyers have litigated in virtually every forum, from state and federal trial and appellate courts, including the U.S. Supreme Court, to domestic and international arbitral panels and other administrative tribunals. Many of our matters cross borders, making us particularly effective in matters involving multiple jurisdictions. We are also sought out for our sound business counsel and proactive advice on managing litigation and regulatory risk.

Securities Litigation: Paul, Weiss is widely recognized as having the nation’s preeminent securities litigation and regulatory practice. For decades, our lawyers have guided global corporations, financial institutions, boards and individuals through ‘bet-the-company’ securities-related crises, winning trials, prevailing on motions or negotiating favorable resolutions. 

White Collar & Regulatory Defense: Government investigations of corporations or individuals pose unique threats and require unique skills. Clients rely on Paul, Weiss to protect their businesses and reputations and to manage the behind-the-scenes interplay among competing regulators and enforcement agencies.

Internal Investigations: Companies turn to us to handle their most sensitive, threatening internal investigations. We have extensive experience conducting investigations on behalf of companies, boards, audit committees and special litigation committees in response to shareholder demands.

Antitrust: We are involved in all aspects of antitrust law in the U.S. We represent many of the world’s largest companies in the full range of antitrust litigation, counseling and investigations; cartel matters; transaction clearance matters; and advocacy before regulators. With a deep bench of former antitrust officials and trial lawyers, we handle matters involving significant reputational and financial exposure.

Supreme Court & Appellate Litigation: Led by one of the nation’s preeminent Supreme Court advocates, we handle high-impact appeals before the U.S. Supreme Court and federal and state appellate courts, regularly winning appeals in cases of critical national and business interest.

Mergers & Acquisitions Litigation: We are among the leading firms representing clients in high-stakes disputes arising in the transactional context in multiple state and federal jurisdictions—including the Delaware Court of Chancery, where we have won several recent landmark decisions.

Intellectual Property Litigation: Our lawyers are well versed in the advanced scientific and technical aspects of patent law and have successfully represented clients in scores of enterprise-threatening patent litigations. We are also on the front lines helping clients protect and enhance their IP rights.

Crisis Management: When an adverse incident threatens to cause a full-blown crisis, we provide the multidisciplinary advice needed to stabilize the situation and allow the company to get back to business. We provide comprehensive counsel on all manner of crises, enabling clients to take informed action to mitigate fallout.

Bankruptcy Litigation: We work hand in hand with our preeminent Restructuring Department to ensure the best possible outcomes for clients facing challenging situations in the context of a bankruptcy, out-of-court restructuring or insolvency, whether domestic or foreign.

Cybersecurity & Data Protection: We help clients manage and respond to fast-moving data breach situations, advising them on effective, proactive strategies to reduce business risk and in the defense of related litigation and regulatory enforcement matters.

Cryptocurrency & Blockchain: We leverage a deep familiarity with both the technology and the evolving regulatory climate of digital assets to help clients navigate enforcement challenges and mitigate legal risks, including anti-money laundering, sanctions and other financial crimes risks. 

SPAC Litigation: As among the most experienced SPAC advisors in the country, we are well positioned to defend or favorably resolve deal and regulatory challenges, manage the full range of shareholder litigation and provide proactive strategic litigation counsel across the SPAC life cycle.

Sustainability & ESG: Our dedicated, multidisciplinary team helps clients navigate the economic, legal, political and reputational risks that accompany socially focused initiatives, advising on a full suite of sustainability and ESG reporting, risk and compliance concerns.

Product Liability: Paul, Weiss has defended industrial and medical product companies and has successfully handled some of the largest, most complex cases of the last few decades, including at trial.

International Arbitration: The world’s largest companies call on us to resolve their most complex and high-stakes arbitrations. We handle an array of international arbitrations in a broad range of arbitral forums.

 
Updated Aug 2021

Firm overview

For more than 50 years, Finnegan’s lawyers have successfully litigated hundreds of cases involving the most technologically advanced and complex patents, as well as global trademark issues and trade secret misappropriations, in nearly all federal district courts, numerous state courts, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court. Finnegan is one of the world’s largest intellectual property law firms in the world.

The firm practices all aspects of patent, trademark, and copyright, including counselling, prosecution, licensing, and litigation. Finnegan also represents clients on IP issues related to advertising, trade secret law, European patents and trade marks, international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition. We routinely appear before the U.S. International Trade Commission (ITC), and the U.S. Patent and Trademark Office (USPTO) and its Patent Trial and Appeal Board (PTAB). We have also worked at these courts and agencies, and many of our professionals have backgrounds as judicial law clerks or patent examiners, or both. With more than 230 litigators, we are fully prepared and qualified to litigate through trial and appeal.

Since being involved in the very first ANDA litigation, Finnegan has been a leading firm representing innovative pharmaceutical companies before federal district courts and the U.S. Court of Appeals for the Federal Circuit. Our successes derive from a deep bench of experienced and technically sophisticated attorneys who understand the long-term plans of innovative pharmaceutical companies as well as the legal particularities of ANDA litigation under the Hatch-Waxman Act and the nuances of pharmaceutical patent law. Over the last five years, our attorneys have represented 30 brand companies in almost 400 ANDA litigations involving revolutionary drugs such as Prolensa®, Relistor® subcutaneous, Relistor® tablets, Cymbalta®, and Abilify®. We consistently have 150+ ongoing ANDA litigations every year, providing counselling and litigation services in a range of technologies such as antibodies, automated DNA sequencing, diagnostics, imaging agents and other research tools, molecular mechanism infringement claims, and protein therapies.

When it comes to ITC litigation, Finnegan was litigating IP cases at the ITC long before it became the popular forum it is today. Litigating in the ITC presents a unique challenge—litigating a technologically complicated case in a short period of time, in a pressure-packed forum that can make or break the commercial success of the products at issue. At the ITC, summary determination is rare, and approximately 45 percent of Section 337 cases go to trial, all in front of an Administrative Law Judge (ALJ), not a jury. So when choosing a firm to litigate in the ITC, trial experience in the ITC is of paramount importance. In the past five years, Finnegan attorneys have been involved in nearly 15 percent of Section 337 cases. Over 130 of the firm’s attorneys have litigated at the ITC. Finnegan also has practitioners with ITC experience in the chemical, pharmaceutical, and mechanical fields. Our attorneys have even tried ITC cases involving design patents and trademarks. During the past two years, more than half of all ITC cases have involved electrical and IT-related technologies and semiconductors; Finnegan has more than 80 lawyers and over 20 professionals who have at least one degree in electrical engineering, computer science, or some other related form of specialized technology. 

Finnegan’s trademark litigation practice spans numerous industries and covers all types of trademark rights, including service marks, trade dress, product configuration, trade names, domain names, letters, numbers, colors, and telephone numbers. Representing both plaintiffs and defendants, our lawyers have decades of experience litigating both large and small trademark cases before courts throughout the country and regularly appear before the U.S. Patent and Trademark Office and its Trademark Trial and Appeal Board (TTAB), the federal circuit courts of appeal, district courts, and other tribunals. We have an impressive track record of favorably resolving litigations for our clients, whether by choosing a forum that gives clients the best chance to win on the law, filing a motion to dismiss, obtaining an early temporary restraining order or preliminary injunction, positioning a case for settlement, moving for summary judgment, or taking the case to trial. One of our strengths is the use of experts to enhance our clients’ legal positions. For many years, we have worked with numerous consumer survey experts on a wide range of issues in trademark litigation, including likelihood of confusion, likelihood of dilution, genericness, secondary meaning, and fame. We also make strategic use of other experts in areas such as linguistics, marketing, consumer psychology, industry practices, and damages.