Litigation Practice: The Paul, Weiss Litigation Department is unparalleled in achieving successful results for our clients. Our litigators regularly go up against the most skilled adversaries in the world, winning decisive courtroom, arbitration and appellate victories. We have vast experience successfully handling the full range of regulatory and enforcement inquiries and internal investigations. Our litigation clients include Fortune 50 corporations and well-known companies in financial services, energy, technology, sports, biopharmaceuticals, medical devices, media, asset management, insurance and other sectors.
We are trial lawyers, not just litigators. Our ability and confidence to go to trial, no matter how great the stakes, is a key weapon in our arsenal. And our unmatched track record of success at trial 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 litigation 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 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. Through our victories, we have helped shape securities laws in ways that have substantially benefitted our clients.
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. Our strength as trial lawyers, credibility with the government and track record of results set us apart from our peers.
Internal Investigations: Companies turn to Paul, Weiss to handle their most sensitive and threatening internal investigations, including involving allegations related to the Foreign Corrupt Practices Act (FCPA), anti-money laundering and sanction laws, antitrust matters, insider trading, securities fraud, employment matters, data security and privacy matters, and other corporate misconduct. We have extensive experience conducting investigations on behalf of companies, boards, audit committees and special litigation committees in response to shareholder demands.
Antitrust: Paul, Weiss lawyers 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; advice on transactions; and advocacy before regulators. The team includes former top officials from the U.S. Federal Trade Commission and U.S. Department of Justice Antitrust Division. With a deep bench of former antitrust officials and first-class trial lawyers, the team handles 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 appellate victories 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 in the Delaware Court of Chancery, where we have won several recent landmark matters.
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, including dozens of jury trials. Our lawyers are also on the front lines helping clients protect and enhance their intellectual property rights, whether the matter involves copyright, trademark, trade dress, false advertising, unfair competition and trade secrets concerns.
Crisis Management: When an adverse incident threatens to cause a full-blown crisis, Paul, Weiss provides 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: Our Bankruptcy Litigation team works 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: Paul, Weiss helps clients manage and respond to fast-moving data breach situations while advising them on effective, proactive strategies to reduce business risk and in the defense of related litigation and regulatory enforcement matters.
Product Liability: Paul, Weiss has defended industrial and medical product companies and negotiated and administered landmark settlements on a wide range of product liability matters. We have 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 Paul, Weiss to resolve their most complex and high-stakes arbitrations. We handle an array of international arbitrations in a broad range of arbitral forums.
Shearman & Sterling LLP distinguishes itself by harnessing the intellectual strength and deep experience of its lawyers across its extensive global footprint. The firm represents many of the world’s leading corporations, financial institutions, emerging growth companies, governments, and state-owned enterprises. Those clients, in turn, continue to choose Shearman & Sterling for its distinctive ability to leverage the knowledge and judgment of one of the world’s largest and most accomplished cross-border legal teams—a team ideally situated to help clients on their complex business transactions.
Our Litigation Practice: Shearman & Sterling’s Litigation Group is strongly positioned to counsel and protect clients in today’s challenging environment. With attorneys in the United States, Europe, and Asia, our team is ready to assist in any crisis, whether the adversary is a government regulator, a competitor, or a well-funded class action attorney.
Never before have clients faced the array of potential controversies that they do today. Prosecutions and enforcement proceedings relating to alleged business improprieties are at an all-time high. Settlements in securities and antitrust class actions regularly break previous records. What were once mundane commercial disputes have transformed into “scorched earth” battles in which adversaries root through millions of emails and electronic documents.
Such challenging times demand attorneys with the experience to counsel clients through difficult problems, and the fortitude to bring a case to trial if that is the necessary course. Our attorneys are experienced in a wide range of substantive areas, including securities, white collar defense, antitrust, anticorruption/FCPA, M&A litigation, patent litigation, commercial disputes, and arbitration. Equally important, we are trial-ready and trial-tested. Our partners include former prosecutors who have tried dozens of jury trials in United States courts. We are equally strong in the arbitration area, handling numerous contested proceedings every year.
Our attorneys are experienced in a wide range of litigation. The key areas in which we practice include:
Securities Litigation: Aggressive regulators and well-funded class action attorneys have ushered in a new era of high-stakes securities litigation. We handle all such matters, including shareholder class actions, SEC proceedings, corporate governance issues, contested takeovers, and shareholder disputes. Our Securities Litigation Practice draws not only on our litigation attorneys with experience in that area, but also on our top-tier corporate transactional practice, which has been involved in cuttingedge securities issues for many years.
White Collar Defense, Regulation and Enforcement:Our white collar team features former federal prosecutors and regulators with extensive experience representing companies, boards of directors, and individuals in internal investigations, civil and criminal enforcement proceedings, and at trial. Recent experience includes major investigations concerning price-fixing, the Foreign Corrupt Practices Act, insider trading, and other financial fraud.
Antitrust Litigation: We represent clients across a wide range of industries and counsel them on issues involving all aspects of antitrust and competition law. In the US, we regularly represent clients in civil and criminal matters relating to Sherman Act Section 1 price-fixing, group boycott and market allocation claims; Sherman Act Section 2 monopolization claims; claims arising under state antitrust and unfair competition laws; and merger cases. Similarly, in Europe, we have counseled and represented a wide range of clients in relation to cartels, cooperation agreements, dominance cases, mergers, and state aid in front of the European Commission and national competition authorities.
M&A Litigation:Clients rely on Shearman & Sterling to provide a one-stop solution for the most complex M&A transactions, the associated due diligence, as well as any litigation that may ultimately arise. Our litigators work closely with our transactional M&A attorneys and are often involved at the earliest stages of the transaction to provide advice and guidance throughout the process.Our M&A litigators represent corporations, investment banks, boards of directors, special committees, and other major players involved in highstakes transactional litigation.
Commercial Disputes and Business Law: We have represented corporations, partnerships, joint ventures, and other entities in a variety of business-related disputes relating to breach of contract, fraud, professional malpractice, business torts, and insurance and reinsurance matters.
Intellectual Property Litigation:Our intellectual property litigation practice offers a full range of legal services relating to the defense, enforcement and commercial exploitation of intellectual property assets. Our services include litigation and dispute resolution in district courts, at the ITC and before arbitral panels; inter partes and ex parte validity proceedings before the USPTO; and strategic counseling regarding litigation and licensing
Arbitration:Our attorneys handle both domestic and international arbitrations. The International Arbitration Group, centered in Paris, has particular experience in international arbitrations in the areas of investment, construction, energy, business combinations, intellectual property, and general commercial disputes. We have represented parties in arbitrations under the rules of all of the major worldwide arbitration organizations.
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 recently 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 US 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 70 related adversary proceedings and over 20 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 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 Johnson & Johnson in a two-week Daubert hearing before the U.S. District Court in Trenton, NJ, in multi-district litigation (MDL) proceedings involving the alleged link between talcum powder and ovarian cancer. The MDL action featured cross-examination of the parties’ experts to determine whether their proffered testimony could satisfy the minimum standards for the admissibility of scientific evidence.
Defense of MLS against a lawsuit brought by the North American Soccer League (NASL) 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 US 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.
Representation of Amgen in BPCIA litigation involving dozens of patents against Genentech and City of Hope in connection with Amgen’s Mvasi biosimilar to Genentech’s Avastin product, an antibody-based cancer therapy. Over the past twelve months, we have obtained dismissal of various claims on an issue of first impression, obtained favorable claim constructions for key patents being asserted, and defeated motions for a temporary restraining order and preliminary injunction, as well as a motion for an injunction pending appeal. These successes facilitated Amgen’s first-ever at-risk U.S. launch of a biosimilar.
Representation of Shire in defense of a lawsuit filed on behalf of the former shareholders of FerroKin BioSciences, Inc., in Delaware Chancery Court. The lawsuit relates to a disputed $45 million milestone payment tied to the initiation of Phase III clinical trials. We vigorously defended against FerroKin’s claims during a week-long trial in Chancery Court in October 2019. Post-trial arguments occurred in March 2020, followed by supplemental post-trial briefing as requested by the court. We are awaiting the Court’s ruling.
Lead counsel for toy company, Mattel and their co-defendants in 25 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.
Representation of Daybreak Foods in the first major price gouging class action lawsuit filed in the aftermath of the COVID-19 pandemic. Plaintiffs allege that Defendants—producers in the egg industry—raised the price of eggs in excess of lawful levels during the months following California’s state of emergency declaration. Plaintiffs seek restitution for the price they allegedly overpaid for eggs during the relevant time period, as well as an injunction preventing Defendants from selling eggs at a level greater than 10 percent the price prior to the declaration of a state of emergency.
Represented Bed Bath & Beyond Inc. in connection with its litigation against 1-800-FLOWERS.COM, Inc. to compel the closing of the sale of PersonalizationMall.com. In July 2020, the parties entered into a settlement agreement, pursuant to which 1-800-FLOWERS.COM agreed to move forward with its purchase of PersonalizationMall.com from Bed Bath & Beyond Inc. for $245 million, subject to certain working capital and other adjustments.
Regularly hailed as one of the strongest litigation teams in the industry, the Debevoise litigation practice has been described by The American Lawyer as akin to “the Army Rangers—a small but elite group that works seamlessly and handles the most challenging cases,” consistently delivering outstanding results for its clients. Recent matters include:
Winning a unanimous U.S. Supreme Court victory concerning constitutional limits of state taxation for the Kaestner Family Trust
Securing a historic $6 billion ICSID arbitration win for Tethyan Copper Company Pty Limited
Dismissal of a $14.5 billion qui tam lawsuit filed against Prudential, John Hancock, AXA, Guardian, MassMutual, TIAA and others in the New York Supreme Court
Representing the Board of Directors of CBS Corporation in an investigation of sexual harassment allegations against the CEO and senior personnel
Defeating MZ Wallace’s trade dress infringement claim against our client Oliver Thomas in a complete victory at trial
Negotiating the favorable settlement of a lawsuit brought on behalf of Jane Doe, an 11-year old transgender girl, in her suit to use the girls’ restroom at her school
The firm’s litigation practice is led by co-chairs Mary Beth Hogan and Andrew Ceresney (the immediate past Director of Enforcement at the SEC) and features an all-star roster, including former Attorneys General Lord Peter Goldsmith QC and Michael Mukasey and former Chair of the SEC Mary Jo White, who returned to Debevoise in 2017 following her four-year tenure. Ms. White, who previously served as U.S. Attorney for the Southern District of New York for nine years, is Senior Chair of the firm and leads the Strategic Crisis Response and Solutions Group.
Their team also includes 14 former Assistant U.S. Attorneys or Department of Justice attorneys, including a former federal district court judge, the former Chief of the Criminal Division of the Southern District of New York, the former Acting Assistant Attorney General for the DOJ Criminal Division, the former Deputy Assistant Attorney General for National Security and three former Unit Chiefs of the SEC’s Division of Enforcement.
The breadth of experience offered by Debevoise in and out of the courtroom sets their litigators apart. They bring personal attention, seasoned judgment, deep industry knowledge, credibility and substantive legal experience to each matter, tailoring advice to clients’ needs and circumstances. They work seamlessly and collaboratively with clients and co-counsel and across practices to achieve the best possible results for our clients.
Based in New York, Washington DC, London, Paris, Frankfurt, Shanghai and Hong Kong, their broadly skilled team of nearly 300 litigators handle domestic and cross-border disputes of every kind and complex matters in courts in the United States, the United Kingdom, Hong Kong, France and elsewhere, as well as before arbitration tribunals, agencies and administrative bodies worldwide.They represent clients as plaintiffs and defendants in a wide range of areas, including:
Antitrust & Competition
Arbitration & International Disputes
Cybersecurity & Data Privacy
Insurance Industry Disputes
Labor & Employment Litigation
White Collar & Regulatory Defense
Another notable and distinguishing feature of the Debevoise litigation practice is the success of their women partners. For three consecutive years, Benchmark Litigation has named eight Debevoise women litigation partners among the “Top 250 Women in Litigation”—an exceptional ranking for a firm of its size.