New York

Firm overview

With more than 130 trial lawyers across offices in Austin, Dallas, Houston, Los Angeles, Marshall, New York, and Washington, D.C., McKool Smith has established a reputation as one of America’s leading trial firms. The Firm has secured 18 nine-figure jury verdicts and 16 eight-figure jury verdicts, obtaining more VerdictSearch and The National Law Journal “Top 100 Verdicts” than any other law firm. McKool Smith represents clients in complex commercial litigation, intellectual property, bankruptcy, insurance recovery, and white-collar defense matters.

Commercial litigation: McKool Smith specializes in complex commercial litigation. The firm litigates and regularly tries complex cases across a broad range of practice areas including antitrust, bankruptcy, entertainment, class action, contract, corporate governance, energy, fiduciary duty, insurance recovery, mergers and acquisitions, real estate, securities, and qui tam/whistleblower, among others. The firm’s attorneys also routinely appear in leading arbitral forums (e.g., JAMS and AAA) and appellate courts nationwide, including the US Supreme Court.

Intellectual property litigation: McKool Smith’s courtroom track record in intellectual property (IP) cases is unrivaled. Over the past 20 years, this distinguished trial team has won more patent litigation damages than any other firm (3 billion+). The firm represents both plaintiffs and defendants in all aspects of IP litigation including patent litigation; ITC/Section 337 disputes and investigations; copyright, trademark, and false advertising litigation; and trade secret disputes. The firm’s attorneys also represent clients before the U.S. Court of Appeals for the Federal Circuit and the Patent Trial and Appeal Board. The IP practice has been recognized as the US “Plaintiff IP Firm of the Year” by Managing IP, “Intellectual Property Firm of the Year” by Benchmark Litigation, and “IP Group of the Year” by Law360, among other honors.

Insurance recovery: McKool Smith’s litigators have more than 30 years of experience effectively leading clients through high-stakes coverage and liability disputes against their insurance providers. Collectively, the firm’s lawyers have obtained more than $5 billion in insurance-related recoveries for clients across a broad range of industries including manufacturing, chemical, entertainment, pharmaceutical, financial, education, and healthcare, among others.

White-collar defense: The firm’s white-collar defense practice is led by former federal prosecutors with experience in virtually every type of government investigation and prosecution. They defend alleged art, bank and securities fraud; insider trading; and antitrust, environmental, FCPA, OFAC, and tax violations, among other matters. The firm’s attorneys have also been appointed to monitorships and guided corporations, boards, and committees through internal investigations.

Bankruptcy: The firm’s bankruptcy practice focuses on complex disputes arising under bankruptcy and related state and federal laws, representing trustees, debtors, creditors’ committees, and other parties. The firm also handles complex reorganization proceedings and out-of-court restructurings.

Other Offices: Austin · Houston · Los Angeles · Marshall · New York · Washington, D.C

Firm overview

Elsberg Baker & Maruri is an elite commercial trial, litigation, and arbitration firm comprised of some of the nation’s top trial lawyers. We are consistently on the cutting edge of major commercial litigation and have acted as trial counsel in some of the most important and precedent-setting business trials and arbitrations, including matters arising from multibillion-dollar disputes involving busted M&A deals, corporate governance, complex contracts, energy, investment funds, violation of investment guidelines, computer hardware and software, breach of fiduciary duties, bond indentures, securities, fraudulent transfers, insolvency and major bankruptcy proceedings, and more. We are dedicated to achieving success for our clients and servicing their needs whenever and however they arise. We take pride in developing bold and creative strategies and relentlessly pursuing victory at all stages of the case.

EBM’s partners have won complete trial and arbitration victories on behalf of our clients in bet-the-company cases where the client’s survival was at stake. Our deep trial experience in such cases means our partners are called on not only to handle such cases from the outset—but also to come in shortly before trial. We have developed a process to work collegially and efficiently with existing counsel, and when appropriate, leverage our relationships with leading jury consultants to test key theories and trial presentation strategies. Some examples of our many trial and arbitration victories include:

• Won complete dismissal of all counts in a lawsuit against Sol Goldman Investments, LLC (“SGI”). The plaintiffs, who hold interests in SGI, sought to sell interests back to the company based on a valuation determined by a contractually mandated appraisal process. Unhappy with the $1.8 billion value ascribed to the company, the plaintiffs sued claiming SGI breached its own operating agreement. The Commercial Division of the New York Supreme Court granted SGI’s motion to dismiss, rejecting the plaintiffs’ argument that the company must be bound by its own operating agreement even though the company was not a signatory to it.
• Won complete defense jury verdict for Express Scripts against claims brought by New York City Transit Authority, claiming Express Scripts did not properly address “fraudulent, abusive or excessive” claims for compound drugs and seeking $100 million in damages. After an eight-day trial in the SDNY, the jury awarded $0.
• Won trial victory after one-week bench trial in Delaware Court of Chancery in the first COVID-era busted deal case in which the client sought to walk away from a $6 billion deal. In addition to being released from deal, client obtained full recovery of its $600 million+ deposit and was awarded its full attorneys’ fees and costs. Affirmed on appeal by the Delaware Supreme Court in an opinion setting the precedent on ordinary course covenants in deal documents.
• Won trial victory in the Delaware Court of Chancery in KCake v. Snow Phipps, a busted-deal case in which private equity buyer Kohlberg & Co. sought to terminate its $600 million agreement to purchase a cake decorating business from private equity seller Snow Phipps. Following a nine-day trial, the Court compelled Kohlberg & Co. to close the deal despite the lapse of its financing, ruling that Kohlberg had caused the failure of its financing and could not use that basis to excuse it from closing. This precedent-setting case established new law on the prevention doctrine.
• Won trial victory after a one-week trial in the Delaware Court of Chancery on behalf of Athilon Capital Corp. and its board of directors in Quadrant v. Vertin defeating breach of fiduciary duty, breach of contract, and fraudulent transfer claims which sought hundreds of millions of dollars in damages, as well as a court order that would have forced the client to liquidate its assets and close down the business entirely. The Court issued a post-trial decision that denied all the relief Quadrant requested and permitted Athilon to continue executing the long-term business strategy that Quadrant challenged at trial. The press described this trial victory as a “resounding win” in a “literal bet-the-company case” that set precedent concerning the test for insolvency under Delaware law and that was affirmed by the Delaware Supreme Court.
• Won trial victory after a six-day trial in the Delaware Court of Chancery on behalf of Crestview Partners against billionaire William Koch, defeating fiduciary duty claims and enforcing Crestview’s contractual put and exit-sale rights in connection with Crestview’s investment in Oxbow Carbon.
• Won trial victory in NY State court on behalf of American industrialist Len Blavatnik on his claims that JPMorgan violated its obligations under agreed-upon investment guidelines by misclassifying securities backed by risky subprime loans as “asset-backed” rather than “mortgage-backed” securities.
• Won arbitration victory on behalf of Rosen Capital on its claims against Bank of America/Merrill Lynch which wrongfully prevented Rosen Capital from executing its options volatility trading strategy. It was one of the largest investor awards on record.

Updated Sep 2024

Firm overview

Freshfields is a leading global law firm with over 275 years of experience advising the world’s most prestigious corporations and financial institutions. We pride ourselves on being a top-tier litigation department with a unique combination of subject-matter knowledge, local presence and strategic foresight.

The Freshfields litigation team represents a diverse set of U.S. and global clients, across numerous industries and sectors, who face billions of dollars in potential exposure. Our clients include many of the world’s most recognizable brands and our roster continues to grow as clients increasingly find themselves in need of sophisticated counsel.

Our team of attorneys brings efficient and innovative solutions to our clients’ most pressing legal challenges. As a critical component of the world’s premier international litigation practice, our U.S. litigators routinely handle complex multijurisdictional and cross-border matters and are alert to the specific concerns and collateral consequences of disputes in non-U.S. regions as well as with global regulators.

We have unrivalled experience defending businesses across a range of industries, and by leveraging our 800-strong global litigation team we excel in complex cases that span multiple jurisdictions within and outside the United States. Our team includes several former senior litigators from the Department of Justice and United States Attorney’s Office for the Southern and Eastern Districts of New York, senior officer from the U.S. Securities & Exchange Commission Division of Enforcement, and senior counsel from the Department of Defense, National Security Agency, U.S. Senate, U.S. House of Representatives, and the Office of the White House Counsel who together have decades of experience taking dozens of federal and state trials to verdict—an invaluable weapon in securing the best outcomes for our clients.

Updated Oct 2025

Firm overview

Click here for L&E profile

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