New York

Firm overview

Mintz is a leading national law firm with more than 500 diverse and talented attorneys working to provide our clients with unmatched legal advice in the global market’s most competitive industries. Ours is a firm 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, today and down the road.

Updated Sep 2022

Firm overview

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Kasowitz’s core focus is commercial litigation, complemented by our exceptionally strong bankruptcy/restructuring and real estate transactional practices. We are known for our creative, aggressive litigators and willingness to take on tough cases. We outthink and outflank our opponents, and understand how to win for our clients. We have extensive trial experience and are always trial-ready, representing both plaintiffs and defendants in every area of litigation. We are committed to pursuing aggressive and innovative approaches to our clients’ most challenging legal matters. Our lawyers have been recognized by, among others, Chambers USA, Legal 500, Benchmark Litigation, Law360 and National Law Journal for excellence in their fields.

Our clients include Fortune 500 companies, private equity and other investment firms across a wide range of industries, including significant experience across financial services (banking, investment management and insurance), technology and real estate.

We have successfully secured billions of dollars in awards and settlements for our clients, who have recently included: 

• Aman Resorts
• BD Hotels
• Centerbridge Partners
• Comcast
• Condé Nast
• Davidson Kempner
• Douglas Elliman
• Elie Tahari
• Energy Transfer Partners
• Fairfax Financial Holdings
• Ford Motor Company
• Google
• Harbinger Capital Partners
• Intellectual Ventures
• InterContinental Hotels Group
• JDS Development Group
• Laidlaw & Company
• Levi-Strauss
• Liggett Group
• MacAndrews & Forbes
• Mahindra & Mahindra
• Marc Fisher Footwear
• MBIA
• MF Global Holdings
• Morgans Hotel Group
• MusclePharm
• National Grid
• NJOY
• Nokia
• Northwell Health
• Pilgrim’s Pride
• Purolite
• Renco
• Rescap
• SL Green
• Starwood Capital
• State of Hawaii
• Teva Pharmaceuticals
• The Palm Restaurant
• TPG
• U.S. Bank
• USG Asbestos Trust
• Vector Group
• Waterfall Asset Management
• W.C. Bradley
• XPO Logistics
• Yellow
• Zydus Pharmaceuticals 

Updated Sep 2022

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. The team represents a client base of Fortune 500 companies, hedge funds, and private equity firms.

Clients rely on Cohen Ziffer’s adept team and formidable advocacy 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:

• Secured a first-of-its-kind ruling for Thor Equities, a landlord that owns retail locations in global cities, holding that exclusionary language common to many insurance policies did not bar coverage for COVID-related business interruption losses.
• 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.
• 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.
• Secured favorable summary judgment rulings for PES Holdings in a dispute against over 30 carriers in Delaware Bankruptcy Court, where PES was seeking $300 million in coverage resulting from the explosion at the Girard Point Refinery near Philadelphia in June 2019. The carriers settled PES’s claim three days into the scheduled two-week trial.
• 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.
• Secured a ruling with industry-wide impact that an insurance policy’s bump-up exclusion does not unambiguously preclude coverage for a $90 million settlement of two underlying lawsuits arising from a 2015 merger, granting the insured’s motion for partial summary judgment in its lawsuit seeking D&O liability coverage for the underlying 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 a case of first impression, secured a New York Supreme Court ruling that established a new category of cases where the doctrine of “pro rata allocation”—a tool used by insurers to limit their liability in asbestos cases—does not apply.
• Secured favorable summary judgment rulings in a Pella Corporation lawsuit for $50 million in costs associated with litigation for alleged water damage. These rulings were some of the first in the country to address what events trigger defense obligations when windows or other construction products cause water damage that do not manifest for years.
• 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.

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. The firm has also earned a reputation for gaining precedent-setting rulings and shifting the landscape of D&O and E&O coverage in favor of policyholders.

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 July 2022

Firm overview

Walden Macht & Haran LLP is a New York-based law firm focusing on white collar defense and investigations, complex commercial disputes, monitorships, and corporate compliance. WMH trial lawyers and business counselors are known for their experience, integrity, and outstanding track record in high stakes matters both in and out of court.

White-Collar Defense: WMH’s practice is led by formal federal prosecutors with exceptional track records in helping businesses successfully navigate sensitive investigations and high-stakes, white collar matters. We provide strategic counsel with proven success and credibility in an enforcement environment with higher risks of massive corporate penalties, risk of imprisonment for executives, and civil litigation.

Internal Investigations: WMH conducts complex internal investigations in the financial, real estate, health care, industrial, automotive, energy, retail, and entertainment sectors. Our investigations have covered securities fraud, insider trading, foreign bribery, antitrust offenses, accounting violations, economic-sanctions violations, cyber-based offenses, money laundering, embezzlement, false billing, and off-label marketing. In our cross-border investigations – which have spanned several continents – we coordinate seamlessly with U.S. and international agencies, even when they are working at cross purposes. Enforcement authorities here and abroad rely on us whether we are disclosing wrongdoing or defending against false allegations.

Complex Commercial Litigation: The firm’s practice concentrates on complex media and entertainment, antitrust, fraud, and real estate litigation. As accomplished trial lawyers and former federal prosecutors, we translate our extensive experience in federal and New York state courts into winning legal strategies.

Corporate Monitorships: Corporate monitorships allow companies to satisfy legal obligations, remediate past mistakes and safeguard against future wrongdoing. WMH has a history of successfully fulfilling government-ordered monitor positions, combining strong industry relationships, deep subject matter knowledge, and a proven commitment to transparency.

Employment Litigation: WMH has substantial experience working with companies and high-level executives to resolve their most sensitive and challenging employee matters with minimal disruption to business. Our team includes one of the only former federal prosecutors practicing employment law.

Good Government and Civil Rights: From leading the charge against school bullying to demanding safe and secure public housing for the disadvantaged, WMH is at the forefront of high-profile litigation to combat government abuses. We also regularly bring Article 78 challenges in New York State, drawing on our deep familiarity with federal civil rights statutes to craft winning cases. 

Commitment to Social Change: Through pro bono and good government work, our lawyers use their skills and experience to effect positive change, including providing crucial counseling to community groups and religious institutions on their dealings with government agencies. We encourage our lawyers to pursue the pro bono matters that are most meaningful to them, which include domestic violence, immigration, wrongful conviction, harassment allegations, and custody proceedings.

Updated Sep 2021