Massachusetts

Proskauer

Firm overview

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The world’s leading organizations and global players choose Proskauer to represent them when they need it the most. With 800+ lawyers in key financial centers around the world, we are known for our pragmatic and commercial approach. Proskauer is the place to turn when a matter is complex, innovative and game-changing. We work seamlessly across practices, industries and jurisdictions with asset managers, private equity and venture capital firms, Fortune 500 and FTSE companies, major sports leagues, entertainment industry legends and other industry-redefining companies.

Proskauer lawyers are at the cutting edge of contentious matters and have extensive trial experience in virtually every major forum across the globe. Proskauer has established itself as the go-to litigation and labor & employment firm for Fortune 100 companies, titans of the sports and cultural world, industry leaders in consumer products, and even commonwealths in times of existential crisis. We represent clients in challenging circumstances, address novel critical issues, and have a strong track record of success, securing landmark victories in the most high-profile of matters.

Our litigators have the depth, breadth and experience to handle disputes across industries and practice areas, including antitrust, products liability, asset management, sports, labor & employment, bankruptcy, copyright, false advertising, trademark, insurance recovery, international arbitration, patents, privacy and cybersecurity, real estate, securities, and white collar. Our clients turn to us for all aspects of litigation: trials, appeals (including at the Supreme Court), investigations, counseling, and government contractor issues.

Proskauer is consistently ranked for its litigation capabilities throughout the United States and abroad. We have earned top rankings from The American Lawyer (including regional publications), Benchmark Litigation, U.S. News Best Lawyers, Daily Journal, Los Angeles Business Journal, and Chambers, among others. The Firm was also previously noted in the New York Law Journal as a General Litigation Finalist for Litigation Department of the Year.

Clients called on us throughout the year to help them navigate their most challenging disputes, and we met the moment. Recent representations include:

Lead outside counsel to the Financial Oversight and Management Board for Puerto Rico. The Oversight Board was created under PROMESA, a federal statute enacted in 2016, to oversee the restructuring of Puerto Rico’s finances. The Oversight Board represents the Commonwealth and related public entities in the largest ever series of municipal restructurings in the United States. At the height of its crisis, the Commonwealth of Puerto Rico had approximately $74 billion of bond debt and $55 billion of under (or un-) funded public pension liabilities. The litigations surrounding Puerto Rico’s fiscal crisis, pending in the District of Puerto Rico, likely represent the single most active docket in the federal courts over the last seven years, and perhaps the most consequential matter in decades involving municipal and territorial restructurings.
Secured a complete defense verdict victory for Sanderson Farms in a case alleging a nationwide conspiracy to reduce the supply of broiler chicken. Thirteen other defendants settled for hundreds of millions; our client Sanderson was the sole defendant to go to trial. Following a six-week trial, an Illinois jury delivered a full defense verdict, rejecting claims that our client participated in a supply reduction conspiracy with other producers in the industry. The Proskauer team defeated a damages claim totaling more than $7 billion, which – had the jury ruled against Sanderson – would have been automatically tripled by statute to $21 billion.
Lead trial counsel for Netflix, director/writer Ava DuVernay, and writer Attica Locke in a defamation case in federal court in New York brought by Linda Fairstein, former head of the Manhattan DA's sex crimes unit. The matter related to the defendants’ series “When They See Us,” which recounts the wrongful convictions of the Central Park 5. The plaintiff alleged that the series’ portrayal of her by actress Felicity Huffman depicted her in a false and defamatory light. We obtained an extremely successful resolution when the plaintiff decided to walk away from the case on the eve of trial, settling with no payment to her or her lawyers and no confidentiality provision related to the settlement. Netflix agreed to move one sentence of the existing disclaimer from the end credits to the opening credits as part of the settlement and will voluntarily donate $1 million to the Innocence Project.
Lead trial counsel for Gilead Sciences in various California state and federal product liability actions brought by ~20,000 plaintiffs related to Gilead's HIV prevention and treatment drugs, alleging either that Gilead was negligent in its development of TAF drugs, or that its TDF drugs were defectively designed and failed adequately to warn about the increased risk of potential kidney disease and bone injury that could result from use of its highly effective and FDA-approved HIV medications. The first federal bellwether trial was set for April 2024, but the plaintiff dismissed the case after Gilead prevailed on its motion to exclude the testimony of the primary plaintiff expert witness on the ground that the proposed testimony presented questionable scientific evidence.
Lead counsel for the National Football League in actions filed by apparel distributors and NFL merchandise purchasers in federal court in New York alleging that the NFL’s agreements with Fanatics, Inc., a manufacturer, supplier and distributor of licensed sportswear and merchandise, violate state and federal antitrust laws.
Defense of Major League Soccer against a federal lawsuit brought by the North American Soccer League 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 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.
Counsel to Bright Data Ltd. in two cases of first impression addressing whether social media platforms can use their terms of service and other state and federal law to prohibit public search and scraping of public information by non-account holders. In a case against meta, the Court granted Bright Data's summary judgment motion on Meta's breach of contract claim, after which Meta voluntarily dismissed its remaining tortious interference claim and waived its right to appeal, securing Bright Data’s right to engage in public search. In a case against X (formerly Twitter), the court completely dismissed the complaint, ruling that X failed to allege a claim based on access to its public site, and any claim based on copying public data was pre-empted by the Copyright Act. The dismissal creates a significant precedent that social media companies cannot unilaterally restrict public access to information they do not own but have made publicly available.
Defense of Sandoz and its subsidiary, Fougera Pharmaceuticals, Inc. in In re: Generic Pharmaceuticals Pricing Antitrust Litigation, which includes dozens of cases consolidated in an MDL pending in the Eastern District of Pennsylvania, as well as actions brought by a State AGs in the District of Connecticut, alleging that pharmaceutical manufacturers conspired to fix the prices of and/or allocate markets and customers for certain generic pharmaceutical products.

Updated Oct 2024

Quinn Emanuel Urquhart & Sullivan

Firm overview

865 S. Figueroa St., 10th Floor Los Angeles, California 90017 T: +1 213 443 3000 F: +1 213 443 3100 W: quinnemanuel.com

We are a 1000+ lawyer business litigation firm with 35 offices worldwide in: [Los Angeles; New York; San Francisco; Silicon Valley; Chicago; Washington, D.C.; Seattle; Houston; Boston; Salt Lake City; Austin; Atlanta; Dallas; Miami; Wilmington; Tokyo, Japan; London, U.K.; Paris, France; Neuilly-La Defense, France; Berlin, Germany; Hamburg, Germany; Mannheim, Germany; Munich, Germany; Stuttgart, Germany; Hong Kong, SAR; Shanghai, China; Sydney, Australia; Perth, Australia; Brussels, Belgium; Riyadh, Saudi Arabia; Doha, Qatar; Abu Dhabi, UAE; Zurich, Switzerland; and Singapore.]

We aggressively litigate a wide variety of business disputes for Fortune 500 companies as well as smaller companies. We do not simply “handle” cases for years before settling them on the courthouse steps. Our goal is to seize the initiative and resolve them quickly, because it is in our clients’ interests to do so. If a case cannot be resolved short of trial, we have the experienced trial lawyers who can try it. Our business is winning cases—and we do.

Our Lawyers: Attorneys at our firm have tried over 2,500 cases and won 86%. When we represent defendants, our trial experience gets us better settlements or defense verdicts. When representing plaintiffs, our lawyers have won over $80 billion in judgments and settlements. We have also obtained eight nine-figure jury verdicts, five 10-figure jury verdicts, 51 nine-figure settlements, and 20 10-figure settlements. Our attorneys include top graduates from Harvard, Yale, Stanford, Chicago, Michigan, Columbia and other distinguished schools. At last count, 318 of our attorneys (or 35.3%) were law review editors in law school, 242 have clerked at least once for judges and 24 of our partners were law school professors—one was the Dean of the Stanford Law School. Over 25 of our attorneys are former Assistant United States Attorneys. Three of our partners have worked in the White House: two for Democrats, one for Republicans.

Trial Lawyers, Not Paper Litigators; Why Trial Lawyers Are Also Best for Settlement: Trying cases is a key element of our firm culture. Trials are zero sum games – they are no place for beginners. We try more major business cases than any other law firm. At least once each year, we are in a trial or an arbitration pursuing or defending against a claim for over $1 billion in damages. Many of our partners are very highly experienced trial lawyers, having tried dozens of cases to verdict. Seven have taught trial advocacy. We do not believe the same level of jury trial experience can be found at any other business law firm. Our trial experience is an obvious advantage in the courtroom, and is important both for the relatively rare case which must be tried and for the cases which settle. Plaintiffs’ lawyers know we will not hesitate to go to trial and know what we can do in a courtroom. Our well-known ability to try cases diminishes the lawsuit “hold up” factor and causes adversaries to re-think their demands. We believe that our firm can get better settlements because of our credibility as trial lawyers.

Mintz Levin Cohn Ferris Glovsky & Popeo

Firm overview

Mintz is a litigation powerhouse and business accelerator serving leaders in life sciences, private equity, energy, and technology. The world’s most innovative companies trust Mintz to provide expert advice and solve complex legal challenges. The firm has over 600 attorneys across offices in Boston, Los Angeles, Miami, New York, Washington, DC, San Francisco, San Diego, and Toronto.

Mintz is built on excellence and driven by change. We create breakthrough legal strategies that help clients solve problems and forge ahead. Through a combination of legal and business insights, we have continuously helped our clients navigate shifting challenges, comply with evolving regulations and compete in emerging markets.

To ensure our clients continue to see excellent results, we emphasize talent retention through the mentorship of our world class associates and a commitment to a diverse and inclusive culture. As such, we are able to integrate a full spectrum of viewpoints into all that we do, recognizing that a range of perspectives drives the best legal solutions.

We have one of the largest and most distinguished litigation practices nationwide, with a deep bench of trial lawyers and regulatory experts who cover all aspects of complex business litigation. Our attorneys approach problems with an aggressive drive and a strong sense of doing what’s best for the client. While our litigators are experienced trial lawyers who are fully prepared to take every case to trial, we keep a singular focus on the client’s business objectives in every case to make sure that the litigation strategy will help achieve those objectives, and employ tactics designed to achieve successful, early resolutions of cases wherever possible.

Central to our approach is immersing ourselves in our client’s business and tackling problems as if they were our own. We strive to be the leading legal counsel in our client’s industries — dedicating ourselves to developing the canny, insider insight needed to create successful, nimble strategies. Clients trust us with their most complex litigation issues because we approach problems with the understanding that each business has its unique challenges and characteristics. As litigators, we work closely with our colleagues in other disciplines to advise on key legal and industry matters that can impact a client’s dispute resolution. This collaborative, holistic approach allows us to ensure that we are leaving no stone unturned when it comes to crafting the best strategy for our clients’ businesses.

At Mintz, we understand that litigation is our business, not our client’s, and that with each new engagement we must work to earn our reputation for excellence. Our top tier team of attorneys focuses on delivering prompt, high quality resolutions for our clients so that they can continue to compete above the rest, both today and in the future.

Updated Sep 2024

Berman Tabacco

Firm overview

Founded in 1982, Berman Tabacco is a national law firm with offices in California and Massachusetts. The firm has devoted its practice to complex litigation, primarily under the securities and antitrust laws, as well as other related services requested by its institutional clients and consumer class actions.

Securities Litigation: Berman Tabacco has over 40 years of securities -litigation experience and has represented public pension funds, multiemployer plans 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. The firm prides itself on its client-focused approach, exercising superior legal judgment in advising clients about complex cases. Indeed, the quality of the firm’s evaluations and litigation acumen is evidence by several facts. First, 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, Securities Class Action Filings: 2023 Year in Review, pp. 19, 37 (Cornerstone Research 2024). Second, 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 12/31/2023).

Selected successes include:

In re IndyMac Mortgage-Backed Sec. Litigation, No. 1:09-cv-04583 (LAK) (S.D.N.Y.). As lead counsel, the firm recovered $346 million on behalf of the class against investment-bank underwriters and officers, which was one of the largest mortgage-backed-securities class action settlements and the largest paid by underwriter defendants.
California Public Employees’ Retirement System v. Moody’s Corp., No. CGC-09-490241 (Cal. Super. Ct. San Francisco Cty.). As sole counsel, the firm recovered $255 million from Moody’s and Standard and Poor’s entities in this landmark individual action on behalf of the California Public Employees’ Retirement System alleging negligent misrepresentations in connection with rating three structured investment vehicles.
In re BP plc Sec. Litigation, No. 4:10-md-02185 (S.D. Tex.). The firm recovered $175 million on behalf of the class—one of just four mega securities class action settlements in 2017 (settlements of $100 million or more), according to Cornerstone Research—in this hard-fought litigation on behalf of shareholders of BP American Depository Shares arising out of BP’s Deepwater Horizon explosion, one of the worst oil spills in history. Class members who submitted claims received approximately 115% of their recoverable losses.
In re Fannie Mae 2008 Sec. Litigation, No. 08-cv-07831 (PAC) (S.D.N.Y.). Representing co-lead plaintiff Massachusetts Pension Reserves Investment Management Board, the firm resolved claims for $170 million alleging that Fannie Mae failed to disclose (i) growing exposure to high-risk mortgages as well as (ii) problems with the company’s risk controls, both of which led to federal conservatorship in 2008.
In re Aegean Marine Petroleum Network, Inc. Sec. Litigation, No. 18-cv-04993-NRB (S.D.N.Y.). As sole lead counsel representing a state pension fund, the firm negotiated $41.749 million settlement on behalf of investors in this action involving a Greek company that declared bankruptcy, where the defendants were residents of Greece and where much of the evidence and witnesses were located in Greece. In addition to recouping monies from the two outside auditors and insurance proceeds on behalf of the former officer, the firm also succeeded in obtaining a personal cash settlement from the other individual defendant.
Oklahoma Police Pension and Retirement System v. Sterling Bancorp, Inc., et al., No. 2:20-cv-10490 (E.D. Mich.). As sole lead counsel representing Oklahoma Police Pension and Retirement System, the firm achieved a $12.5 million settlement on behalf of the class in this action which alleged, among other things, that defendants misled investors from its IPO forward regarding its core product, the Advantage Loan Program, and its compliance with the Bank Secrecy Act/Anti-Money Laundering provisions. The settlement is significant because it was reached early in the case and represented approximately 20% of the alleged damages (which is far higher than the median recovery for securities fraud class actions overall of less than 5%) even though the company’s continued viability was in question.

Antitrust Litigation: Berman Tabacco’s antitrust practice also has a national reputation for prosecuting class actions that involve anticompetitive conduct and con-spiracies to fix or maintain prices. Over the years, the firm has played a major role in the prosecution of numerous landmark antitrust cases and some of the largest antitrust settle-ments—recovering billions of dollars for class members. The following are examples of the antitrust group’s efforts:

Automobile Antitrust Cases I and II, JCCP Nos. 4298 and 4303, Nos. CJC-03-004298 and CJC-03-004303 (Cal. Super. Ct. San Francisco Cty.). Berman Tabacco was lead trial counsel for plaintiffs in a California state court action (and was previously chair of the executive committee for plaintiffs in the federal multidistrict class action, In re New Motor Vehicles Canadian Export Antitrust Litig., No. 03-md-1532 (D. Me.)), against leading automakers for alleged violations of the antitrust laws with regard to the pric-ing and importation of automobiles from Canada into the United States. In advance of trial and after almost 20 years of litigation, Plaintiffs settled with the final defendant for $82 million, which received Court approval on October 31 2022. This brought total settlements in the related federal and state cases to $137.85 million.
In re Lithium Ion Batteries Antitrust Litigation, No. 13-md-02420-YGR (N.D. Cal.). Berman Tabacco was co-lead counsel for the class of direct purchasers of lithium-ion rechargeable batteries in a class action alleging that defendant manufacturers participated in a conspiracy in violation of federal antitrust laws to fix the prices of lithium-ion rechargeable batteries (which are commonly used in devices such as note-book computers, cell phones, and digital cameras). The firm successfully negotiated settlements totaling $139.3 million, which was approved in May 2018.

Moreover, in the past decade, the firm’s antitrust and securities attorneys have been prosecuting class actions on behalf of its institutional clients alleging that class members suffered investment losses due to violations of the antitrust laws. Select examples include:

Dennis, et al. v. JPMorgan Chase & Co., et al., No. 1:16-cv-06496-LAK (S.D.N.Y.). Berman Tabacco was Plaintiffs’ Counsel representing Orange County Employees Retirement System in this action alleging that defendants conspired to manipulate the Australian Bank Bill Swap Reference Rate (“BBSW”) and the prices of BBSW-based derivatives. The firm successfully negotiated settlements in the total amount of$185.875 million, which were approved by the court on November 2, 2022.
Sullivan v. Barclays PLC, et al., No. 13-cv-02811 (PKC) (S.D.N.Y.). Berman Tabacco represents California State Teachers’ Retirement System in this action alleging that over a dozen major banks colluded in violation of the antitrust laws to manipulate the EURIBOR, a global reference rate used to benchmark and price over $200 trillion of financial products. As of July 2024, partial settlements totaling $651.5 million have been approved by the court.
Laydon v. Mizuho Bank, Ltd., No. 1:12-cv-03419 (GBD) (S.D.N.Y.) & Sonterra Capital Master Fund, Ltd. v. UBS AG, No. 1:15-cv-05844 (GBD) (S.D.N.Y.). Berman Tabacco is counsel for plaintiffs representing California State Teachers’ Retirement System in these actions alleging that bank traders and their affiliates colluded in violation of antitrust laws to manipulate the Euroyen TIBOR and Yen LIBOR rates—benchmark rates used to determine interest rates and to price Japanese Yen-based financial instruments. As of July 2024, partial settlements totaling $364.5 million have been achieved and approved by the court.
In re European Government Bonds Antitrust Litigation, No. 19-cv-2601 (S.D.N.Y.). Berman Tabacco is Interim Co-Lead Counsel and counsel for plaintiff San Bernardino County Employees’ Retirement Association in this action alleging defendant banks conspired with each other for years to manipulate the prices at which they transacted European Government Bonds in the secondary market with U.S investors. The Court has approved the first $40 million in settlements and the final approval hearing for $80 million in settlements with the remaining defendants is scheduled for December 6, 2024.

Updated Oct 2024

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