New York

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

Robins Kaplan LLP is among the nation’s premier trial law firms, with more than 225 attorneys in seven major cities. Our attorneys litigate, mediate, and arbitrate client disputes, always at-the-ready for an ultimate courtroom battle. When huge forces are at play, major money is at stake, or rights are being trampled, we help clients cut through complexity, get to the heart of the problem, and win what matters most.

We are clearly focused on business results for our clients. We achieve landmark triumphs and drive thousands of other cases to resolution before they ever hit the courtroom or the front page. From Big Tobacco to Kraft v. Starbucks, Bhopal, and the World Trade Center—we have changed law, business, and society for the better by redefining what’s possible.

Intellectual Property and Technology: Our Intellectual Property and Technology Litigation Group earned global recognition for its long history of extraordinary courtroom victories, IP asset monetization, and innovation defense. Some of the largest multinationals, most-innovative start-ups, and many individuals from virtually every industry and walk of life have chosen us to help settle disputes both in and out of the courtroom because of our clear focus on achieving business results for them. Our attorneys have had multiple IP enforcement efforts on behalf of plaintiffs where revenues in each exceeded $100 million, and we have also successfully defended hundreds of millions of dollars of technology and brand investment.

Antitrust and Trade Regulation: Our Antitrust and Trade Regulation Group is unique in that it is one of the few national practices to have obtained landmark successes on behalf of both plaintiffs and defendants in major antitrust litigation and at trial, including in several of the most significant antitrust cases ever litigated. With nearly $10 billion in recoveries for antitrust plaintiffs in the past several years alone and a long history of successfully defending Fortune 100 companies in antitrust disputes, Robins Kaplan regularly ranks as one of the top firms in the United States for antitrust litigation.

Complex Business Litigation: Our business litigation attorneys bring best-of-class plaintiff and defense strategies to the table. At the core of our legal strategy is a track record for analyzing complex legal and business challenges and foreseeing their outcomes. We know that all litigation comes with inherent risk, and we partner with you to understand the immediate and long-term business needs, then craft a combined litigation and business strategy designed to meet your company’s best interests.

Insurance and Catastrophic Loss: At Robins Kaplan LLP, our insurance lawyers handle complex, high-exposure insurance, reinsurance, and recovery claim disputes. We have a nuanced understanding of the industry’s unique demands built on decades of insurance representations. Our record includes litigation successes for insurance industry clients in state and federal courts, arbitrations, reference and appraisals, and mediations. We also offer clients practical, results-focused guidance and advice. No matter the case size, the depth of our experience litigating and managing high-exposure, complex disputes drives our effectiveness on our clients’ behalf and results in the delivery of efficient, client-centered case management practices and procedures.

Updated Sep 2021

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

Cohen Ziffer Frenchman & McKenna LLP, which opened its doors in New York in January 2021, is built on the reputations and experience of nationally recognized lawyers who have worked together and represented policyholders as a unified team for more than 20 years, recovering billions of dollars for their clients and securing landmark judicial rulings. The group has earned a national reputation as fierce advocates for policyholders in high-profile, high-dollar disputes against insurance companies and for obtaining precedent-setting decisions. The team represents a client base of Fortune 500 companies, hedge funds, and private equity firms.

Clients rely on Cohen Ziffer’s adept, formidable advocacy team to maximize their insurance coverage, reduce their risk, and guide them safely through their liability disputes and bet-the-company challenges. 

Among other victories, the team has:

• Won a landmark decision from the New York Court of Appeals and a trial worth more than $500 million in coverage for Warren Pumps LLC that changed the law on the critical question of how loss may be allocated among primary and excess insurers.
• Earned a first-of-its-kind decision from the New Jersey Supreme Court on flood limit clauses that allowed the New Jersey Transit Corporation to access up to $400 million in coverage after Superstorm Sandy.
• Won a precedent-setting ruling in Delaware Superior Court on “Securities Claim” coverage for a fraudulent conveyance lawsuit that allows Verizon Communications to collect $24 million in defense costs and to pursue coverage for an additional $95 million paid in settlement.
• Secured a precedent-setting ruling for TIAA that a settlement of a civil claim for disgorgement is an insurable loss under New York law.
• In one of the first federal decisions involving coverage for email “spoofing,” secured a summary judgment ruling from the Southern District of New York allowing Medidata Solutions Inc. to access coverage under a commercial crime insurance policy for a loss suffered as a result of computer fraud.
• Won the first decisions from the New York Appellate Division and the Delaware Superior Court that the costs of responding to government subpoenas and civil investigatory demands are covered by management liability policies.
• Won, on behalf of Thor Equities, the owner of retail sites in Manhattan, the first ruling in New York (and perhaps the country) holding that the contamination exclusion in the insurance policy at issue did not bar coverage for COVID-related losses. The case has already been cited in jurisdictions outside New York.

With decades of insurance recovery and advisory experience, Cohen Ziffer also assists clients with their insurance counseling needs, guiding organizations through complex insurance issues and advising on the insurance coverage that is right for them. The firm’s attorneys work with clients and their insurance brokers to identify the most likely liability risks and to review their insurance policies and advise on whether they are likely to cover those risks. When incidents do occur, they also guide their clients through the insurance claims process.

The firm’s commercial litigators are first-rate trial lawyers who also have experience tackling a host of complex commercial insurance disputes on behalf of organizations across the country, and have handled a spectrum of very large, complex, high-stakes, and cutting-edge cases. The team litigates these high-stakes coverage suits in a variety of state and federal courts and tribunals and jurisdictions around the world, and represents organizations in a diverse array of economic sectors, including financial services, manufacturing, professional services, and real estate.

Throughout 2020 and beyond, Cohen Ziffer’s work has expanded to handle a wave of COVID-related business interruption claims from policyholders around the country. The team has advised more than 100 clients on pandemic-related insurance matters to date. In one notable business interruption case, the firm secured a ruling for construction management company JDS Construction Group LLC, which found that the coronavirus’ presence was enough to allege “physical loss or damage” to property.

Practice Areas and Industries: 

• Insurance Recovery 
• Insurance Advisory Services
• Commercial Litigation

Updated Sep 2021