Trial skills matter—even in a world where few disputes ever see the inside of a courtroom.
Winston & Strawn has built a reputation as a trial lawyers’ firm. Our litigation lawyers are fully prepared to defend our clients’ interests in court, both in the United States and around the world. From compliance counseling to mediation, settlement negotiation, motion practice, trial, and appeal, Winston offers a full-service litigation law firm capable of meeting our clients’ business and legal objectives, whatever they may be.
Our litigators are some of the most seasoned in the industry, bringing extensive courtroom experience to every matter our firm handles. This experience enables us to spot outcome-determinative legal issues earlier so we can prepare compelling arguments that support our clients’ positions. What’s more, our long history of taking cases to trial – and winning – gives our clients tremendous settlement leverage with their adversaries, as well as confidence in a successful outcome if and when they go to trial.
Winston’s global team of more than 500 litigators on three continents approaches every case with strategic focus, unrelenting advocacy, and intensive preparation. That’s why some of the world’s largest companies and financial institutions have asked us to represent them in their most difficult litigation matters.
MoloLamken is a law firm focused exclusively on representing clients in complex disputes. It handles civil, criminal, and regulatory matters, as well as appeals, across the United States. The firm’s clients span the globe. MoloLamken is involved in some of the most significant disputes of the day.
The firm’s founding partners, Steven Molo and Jeffrey Lamken, developed national reputations based on their courtroom successes while partners at large full-service firms where they held leadership positions. With an abiding belief that complex disputes are most effectively handled by smaller teams comprised of smart, highly experienced lawyers focused on results rather than process, they formed the firm.
MoloLamken provides experienced advocacy – for claimants as well as defendants – before judges, juries, arbitral forums, and courts of appeals, including the Supreme Court of the United States. The firm also represents clients in regulatory and criminal investigations and conducts internal investigations.
History: Pomerantz LLP is the oldest securities litigation firm in the United States and one of the most highly respected. The firm was founded in 1936 by legal pioneer and “dean” of the plaintiffs’ securities bar, Abraham L. Pomerantz, who helped secure the rights of investors to bring class and derivative actions.
Practice: Pomerantz protects and vindicates shareholder rights through its securities litigation services and proprietary PomTrack® portfolio monitoring program. The firm’s global clients include more than 100 of the largest and most influential pension funds, asset managers and private institutions, with combined assets of over $5.7 trillion. Pomerantz’s practice also includes corporate governance, antitrust and strategic consumer litigation.
Global Expertise: Jennifer Pafiti, Partner and Head of Client Services, is dually qualified to practice in the United States and United Kingdom. Our Paris office is headed by French lawyer, Nicolas Tatin, Pomerantz’s Director-Business Development Consultant for France, Benelux, Monaco and Switzerland. In addition to the Firm’s in-house team in the United States and Paris, Pomerantz utilizes an extensive network of prominent law firms in the United Kingdom, Switzerland, and the Middle East, so that we are ready to assist clients, wherever they are situated, in recovering monies lost due to corporate misconduct and securities fraud. Our team of attorneys is collectively fluent in English, Arabic, Mandarin and Cantonese Chinese, Farsi, French, German, Greek, Hebrew, Italian, Portuguese, Romanian, Spanish, and Ukrainian.
Cutting-Edge Legal Strategies: Pomerantz’s position at the cutting edge of 21st century concerns is evidenced in the cases it pursues and the law it makes. For example, the firm’s $80 million settlement in In re Yahoo! Inc. Sec. Litig. was the first ever significant settlement of a securities fraud class action filed in response to a data breach. Pomerantz is Lead Counsel in a securities class action against Wynn Resorts Ltd. stemming from accusations of sexual misconduct towards the company’s employees by its founder and former CEO, Steve Wynn. Such allegations have not traditionally been considered to be within the realm of securities laws. The Firm aims to convince the court that a company’s statements as to compliance with its code of conduct are indeed actionable.
Results: In early 2018, Pomerantz, as sole lead counsel, achieved a landmark $3 billion settlement for investors in the securities class action against Petróleo Brasileiro S.A. – Petrobras. The allegations arose from a decades-long, multi-billion-dollar corruption scheme—a scandal that ensnared not only Petrobras’ former executives, but also Brazilian politicians, including every former and current living Brazilian president and at least one third of the Brazilian Congress. This historic settlement represents:
the largest securities class action settlement in a decade;
the largest settlement ever in a securities class action involving a foreign issuer;
the fifth-largest class action settlement ever achieved in the United States;
the largest class action settlement ever achieved by a foreign lead plaintiff; and
the largest class action settlement ever not involving a restatement of financial reports.
Throughout the i litigation, Pomerantz achieved important precedents at the Second Circuit Court of Appeals that will form the bedrock of securities class action jurisprudence and help protect investors for decades to come.
In August 2019, Pomerantz achieved final approval of a $110 million settlement in a securities class action against Fiat Chrysler N.V., one of the world’s largest car manufacturers, for allegations that the company misled investors about its compliance with regulations for safety recalls and emissions. In late 2018, the firm achieved an $80 million settlement in the class action litigation against Yahoo! Inc., arising from one of the largest data breaches in U.S. history and represents the first significant settlement of a securities fraud class action filed in response to a data breach. Also in 2018, Pomerantz secured a $31 million partial settlement in In re Libor Based Financial Instruments Antitrust Litigation, a closely-watched case concerning the London Interbank Offered Rate rigging scandal.
Judge Jed S. Rakoff of the United States District Court for the Southern District of New York stated at the February 2018 hearing for preliminary approval of the $3 billion settlement achieved by Pomerantz in In re Petrobras Securities Litigation:
...the lawyers in this case [are] some of the best lawyers in the United States, if not in the world.
In approving the Petrobras settlement in June 2018, Judge Rakoff wrote:
[T]he Court finds that Class Counsel’s performance was in many respects exceptional, with the result that, as noted, the class is poised to enjoy a substantially larger per share recovery [65%] than the recovery enjoyed by numerous large and sophisticated plaintiffs who separately settled their claims.
In approving the settlement in Thorpe v. Walter Investment Management Corp. in October 2016, Judge Ursula Ungaro wrote:
Class Counsel has developed a reputation for zealous advocacy in securities class actions. ... The settlement … is an outstanding result.
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.