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
The Only Truly Global Law Firm: Truly a “one-firm” firm – Latham has no headquartered office, as firm and practice management is spread throughout the world, allowing Latham to quickly mobilize the best-suited teams regardless of location. With more than 2,700 lawyers qualified to practice law in 31 countries, and at least 60 different languages spoken across the firm, Latham provides clients with an unmatched global platform.
Litigation & Trial Practice: Latham’s more than 800 litigators are located in key business centers around the world, allowing the firm to bring together diverse teams and talent to develop and implement aggressive and creative litigation strategies. Our extensive experience enables us to dispose of most matters well short of trial, and when settlement is not an option, clients can count on our ability to seamlessly handle the full life cycle of a litigation.
Antitrust & Competition: Latham’s integrated Global Antitrust & Competition Practice is built around highly qualified lawyers who are accustomed to working across borders and are fully aware of both the local and international dimensions of antitrust and competition issues – no matter what the business model or industry. Latham’s antitrust lawyers provide forward-looking, business-centric advice and counsel on the full scope of antitrust and competition law issues, including merger clearance, cartel investigation and litigation, competition-related litigation, intellectual property antitrust, and compliance counseling and training programs.
Complex Commercial Litigation: The lawyers in Latham’s Complex Commercial Litigation Practice combine trial-ready capabilities, business fluency, and pragmatism to deliver a winning edge, no matter how complex a client’s challenge. Latham regularly represents public and private companies, leading financial institutions, private equity firms and portfolio companies, states and other municipal and governmental entities, and high net worth individuals in complex commercial disputes. With insight and experience in more than a dozen industries, Latham lawyers keenly understand clients’ business objectives and the necessity of nuanced litigation strategies that support these broader goals. We evaluate early exit options to minimize costs, including dispositive motions, alternative dispute resolution, and settlement, as well as third-party indemnification and insurance coverage. In the most aggressive of matters, Latham thrives on its extensive trial experience and shrewd negotiation skills to achieve the best possible resolution for clients. The team has tried or arbitrated several hundred cases to verdict over the past decade with an extraordinary success rate. The firm’s victories span every stage of litigation in US federal and state courts. The Latham arsenal includes more than 300 former federal law clerks from each of the US circuit courts, as well as 41 different districts courts. In addition, more than 30 former federal prosecutors from districts across the United States contribute invaluable institutional knowledge and a wealth of courtroom experience.
Intellectual Property Litigation: Latham’s award-winning Intellectual Property Practice consists of more than 100 IP litigators with unparalleled experience in the full range of IP disputes, including patent, trademark, copyright, and trade secrets. We practice regularly in all forums, including multijurisdictional litigation around the world, across more than 45 district courts around the US, and before the Federal Circuit, International Trade Commission, and Patent Trial and Appeal Board. Our team also includes 75 technically trained lawyers, seven technical analysts, and 18 dedicated IP paralegals. Latham’s highly trained technical teams have litigated cases across a wide range of areas, including semiconductors, software, biotechnology, pharmaceuticals, image processing, audio processing, therapeutics, medical devices, electric motors, engines, cloud computing and networking, packaging, building products and materials, and banking technologies, among others.
Securities Litigation & Professional Liability: Latham boasts one of the most experienced and successful securities and derivative litigation groups in the United States. Our securities litigators are recognized as among the best lawyers in the field, and include former federal prosecutors, senior staff of the SEC Division of Enforcement, and former clerks at the US Supreme Court, federal appellate and district courts, and state courts. We are a “go-to” law firm for Fortune 500 companies, major financial institutions, their officers and directors, and the Big Four accounting firms. Our approach is simple: identify the most expedient, cost-effective means of ending litigation with the least disruption to the client and its business. This may not be unique to Latham, but what does set the firm apart is our execution. We have obtained dismissals and favorable settlements in multi-billion dollar securities class actions. In the rare instances where trial is unavoidable, Latham is best positioned to represent our clients in achieving optimal results, as our securities litigators are also seasoned trial lawyers. For example, Latham tried one of the only private federal securities class action to go to trial in nearly 10 years. Over the past year, our lawyers have represented clients as defendants in more federal securities class actions than any other law firm, across 22 US district courts.
Supreme Court & Appellate: Led by a former US Solicitor General, Latham’s appellate team has represented clients in numerous groundbreaking cases, with an outstanding record before the US Supreme Court and other appellate courts. Latham appellate practitioners have appeared before the Supreme Court more than 30 times since 2007 alone, representing Fortune 100 corporations, State governments, leading educational institutions, and individuals. The appellate team regularly prepares petitions for certiorari, as well as merits and amicus briefs. The practice has secured certiorari in nearly a dozen cases on behalf of firm clients in the past few years alone. Latham’s appellate lawyers have served at all levels in the US Office of the Solicitor General and clerked for Supreme Court Justices and judges serving on every US federal courts of appeals, providing them with crucial insights into the US appellate court system. The firm has argued and briefed hundreds of cases before the Supreme Court and federal and state courts of appeals.
White Collar Defense & Investigations: Latham’s formidable White Collar Defense & Investigations Practice comprises some of the world’s top white collar lawyers, who are uniquely situated to handle the highest-stakes cases. Our roster includes former regulatory practitioners, career defense advocates, and former government lawyers from Republican and Democratic administrations, including former top-ranking DOJ, SEC, CFTC, and SFO officials, along with Obama White House Counsel’s Office attorneys, among others. Our team knows the inner workings of the government and regularly delivers results that dramatically reduce our clients’ financial exposure, prevent or navigate through potentially debilitating investigations, and manage potentially brand-destroying public discourse. Notably, Latham is a top global firm in securing FCPA declinations, a market leader in healthcare regulation, the world’s leading CFIUS regulatory group, a destination firm for CTFC enforcement litigation, and a leader in highest profile investigations.
Last updated Oct 2020
Founded in 1982, Berman Tabacco is a national law firm with offices in Massachusetts and California. The firm has devoted its practice to complex litigation, primarily under the securities and antitrust laws, as well as related services requested by and provided to its institutional clients. The firm also has an active whistleblower practice, among others.
Berman Tabacco has approximately 40 years of securities-litigation experience and has represented public pension funds and other institutional investors in that area since 1998. The Firm has prosecuted some of the largest securities cases and has recovered billions of dollars on behalf of investors. Indeed, Berman Tabacco appears as one of the firms with the most settlements on the list of the top 100 largest securities class actions in ISS Securities Class Action Services' published report, Top 100 U.S. Class Action Settlements of All Time (as of 12/31/2020). The firm has successfully prosecuted and recovered billions of dollars for defrauded investors in some of the most significant shareholder lawsuits of the last 20 years, having been appointed as lead or co-lead counsel in more than 100 actions. Recent successes include:
Berman Tabacco's dismissal rate for cases brought under the federal securities laws is less than half the overall dismissal rate for such cases (based on the reported dismissal rate by one authoritative study[A1] ). The firm serves as monitoring, evaluation, and/or litigation counsel to over 100 institutional investors, which includes 17 statewide public employee retirement systems with more than $50 billion in assets.
Berman Tabacco's antitrust practice also has a national reputation for prosecuting class actions that involve anticompetitive conduct and conspiracies to fix or maintain prices. Over the years, the firm has played a major role in the prosecution of numerous landmark antitrust cases and has been at the forefront of some of the largest antitrust settlements—recovering over a billion dollars for class members and changing business practices of defendant companies. The following are examples of the antitrust group's recent efforts:
Berman Tabacco's whistleblower practice group assists individuals wishing to expose fraud perpetrated against the federal government, states, and corporations, working to obtain the compensation and protections afforded by the False Claims Act, the U.S. Securities and Exchange Commission Whistleblower Program, the Commodities Futures Trading Commission Whistleblower Program, and the Internal Revenue Service Whistleblower Program. Berman Tabacco helps whistleblowers engage appropriate government entities to right wrongs—enforced either by those agencies or through separate litigation. In April 2021, the SEC awarded over $50 million to joint whistleblowers represented by the Firm. It was the second largest whistleblower award by the SEC when it was made.
Updated Aug 2021
Campbell Conroy & O'Neil have successfully tried hundreds of large value, high-exposure, technically complex cases to verdict. We provide advice, counseling and representation during all stages of a dispute, ranging from the time before the filing of a lawsuit through the final appeal. Our attorneys are well connected throughout the profession offering clients the advantage of an international network of relationships, access to courts across the country, and world-class trial experience. Internal cost controls, efficient staffing models, state-of-the-art technology, strategic office locations, and a stream-lined approach to case management mean we provide world-class trial performance at exceptionally reasonable rates. Our use of cutting edge technology in the preparation and presentation of every case enhances our ability to deliver clear, organized, powerful arguments that win cases.
Founded in 1983, Campbell Conroy & O'Neil gained early success as Campbell Campbell Edwards & Conroy in automotive product liability cases. Over the last several decades, the firm has developed a national reputation defending a wide variety of industries in all types of civil litigation. The firm serves as local, regional and national counsel to a variety of clients including those in the automotive, transportation, pharmaceutical, medical device, chemical, heavy equipment, commercial equipment, consumer products and many other industries. With offices in seven states, we try cases across the country and regularly act as regional or national coordinating counsel for Fortune 500 companies. Our clients also include locally-owned businesses, family-owned enterprises, and individuals.
Accessibility and responsiveness are hallmarks of great client service, and we continually strive for excellence throughout our business relationships. Our attorneys take a personal interest in your business and know that communication is the key to your peace of mind. We are committed to the successful resolution of your case, based on your definition of success. Not every case belongs in court. We are counselors as well as advocates; throughout the course of our representation, we will counsel your team on the relative risks, costs, and benefits of continued litigation versus settlement. Customized reporting and billing, a litigation plan with budgeting options, a willingness to discuss alternative fee arrangements and a focus on our clients’ business objectives inject both flexibility and predictability into the management of legal budgets.
Our attorneys hold memberships and/or leadership roles in: the American College of Trial Lawyers, the American Board of Trial Advocates, the International Association of Defense Counsel, the Massachusetts Defense Lawyers Association, the Federation of Defense and Corporate Counsel, the Association of Defense Trial Attorneys, the Product Liability Advisory Council, the Defense Research Institute, the American Bar Association, as well as various state bar associations.
We are consistently recognized for our results and are regularly ranked in: Chambers USA, The Legal 500, Benchmark Litigation, The Best Lawyers in America, The Best Lawyers in Boston, The Best Lawyers in Philadelphia, The Best Law Firms, Who’s Who Legal, Super Lawyers, Martindale-Hubbell and more.
Last Updated September 2019