Sophisticated clients worldwide entrust us with their formidable disputes for a single reason–our remarkable track record. Clients seek our advice on high-stakes litigation, cross-border disputes, as well as government and internal investigations in the Americas, Europe and Asia.
Antitrust and Trade Regulation: Clients turn to us for our record of success in handling high-stakes antitrust disputes, investigations, and achieving regulatory clearance for the largest and most complicated transactions. We advise clients on internal investigations, enforcement matters, and regulatory issues in connection with the OFAC, the Department of State, and the SEC.
Bankruptcy: Our comprehensive practice covers all aspects of bankruptcy-related litigation–from disputes over plan confirmation to tender liability and equitable subordination claims to issues arising out of insurance disputes and mass tort-related bankruptcies.
ERISA Litigation: Clients benefit from our coordinated advice in closely aligned areas, including securities, bankruptcy, and government investigations, and our ability to present arguments and evidence in the manner best suited to advance business interests and resolve conflicts with minimal disruption to their operations.
False Advertising Litigation: Companies in a broad range of fields, including pharmaceuticals, financial services, consumer products and food and beverage, turn to us for our significant experience in false advertising litigation, including disputes between competitors and consumer class actions.
Funds, Regulatory and Investigations: Our team includes attorneys with decades of experience in the funds industry, former senior government officials from the SEC, former U.S. federal prosecutors, and a former PE Chief Compliance Officer, who draw upon their deep experience and institutional knowledge to provide sophisticated advice to clients on a broad spectrum of critical regulatory and compliance issues.
Government and Internal Investigations: Government and internal investigations can be a highly sensitive, time-consuming ordeal for any company. Large and small companies and their boards, audit and special committees, officers and directors, and other individuals regularly turn to us for advice on a wide range of criminal, regulatory, congressional and other sensitive government inquiries and internal investigations.
Insurance and Reinsurance: Clients benefit from our experience as the leading firm representing the interests of both ceding companies and reinsurers in litigations and arbitrations throughout the United States, the United Kingdom and Bermuda. Major insurance groups, including Travelers, AIG, Berkshire Hathaway, Lloyd’s of London and CNA have trusted us on their most significant matters.
Intellectual Property: Understanding and protecting IP is crucial to the long-term success of many businesses. Clients seek our advice in high-stakes, “make it or break it” disputes and rely on our broad array of substantive experience in both litigation and transactional matters to help them protect their interests.
International Arbitration: Multinational corporations across the globe rely on our International Arbitration Practice for high-stakes matters when their business reputation or commercial relationships are at risk. We have a track record of success in taking cases through trial and final awards in major international arbitration venues such as Paris, London, Geneva, The Hague, Singapore, New York and Washington, D.C.
International Regulatory and Compliance: With increased activism and cross-border cooperation between enforcement and regulatory agencies, we represent the interests of clients operating in multiple jurisdictions and have advised on issues in China, India, Eastern Europe, the Middle East, Latin America and Africa. The clients we represent are involved in numerous sectors, including financial services and asset management, telecommunications, energy, mining, manufacturing, technology and healthcare.
Mergers and Acquisitions Litigation: Clients seek our market-leading advice in all aspects of M&A litigation—where we excel at defending challenges to the largest and most complex mergers and acquisitions. They appreciate our extensive experience defeating efforts to enjoin transactions prior to closing; resolving claims through reasonable settlements pre-closing; and litigating claims for damages post-closing.
Privacy and Cybersecurity: Our multidisciplinary Privacy and Cybersecurity team advises global companies facing heightened regulatory, contractual and consumer obligations surrounding the management of data.
Product Liability and Mass Tort: Since the 1970s, clients have relied on our advice as a leader in the development of product liability and mass tort law in the United States. We have taken countless product liability and mass tort cases to jury trial in state and federal courts over the years, amassing invaluable courtroom experience.
Securities: For decades, clients have relied on our securities litigators in the most complex, high-profile, high-stakes securities matters of the day. The country’s most respected Fortune 500 corporations and financial institutions turn to us to help defend against headline-making allegations.
Whistleblower and False Claims Act: Companies and their boards have relied on us to respond to allegations by whistleblowers and to help them devise and implement corporate whistleblower policies. Clients seek our counsel on whistleblower matters in a broad range of sectors—including defense, healthcare, technology and financial services.
Office Locations: New York • Beijing • Brussels • Hong Kong • Houston • London • Los Angeles • Palo Alto • São Paulo • Tokyo • Washington, D.C.
Kirkland & Ellis LLP is a global law firm with more than 3,000 attorneys representing clients in private equity, M&A and other complex corporate transactions, litigation and dispute resolution/arbitration, restructuring, and intellectual property matters. The Firm has 18 offices around the world: Austin, Bay Area, Beijing, Boston, Brussels, Chicago, Dallas, Hong Kong, Houston, London, Los Angeles, Munich, New York, Paris, Salt Lake City, Shanghai and Washington, D.C.
Litigation: Kirkland & Ellis is renowned for its experience in complex litigation and arbitration. The Firm believes that the best litigation results occur when the lawyers are fully prepared to try the case through verdict. Because of Kirkland’s trial-ready philosophy and training, the Firm is able to offer clients a deep bench of lawyers who have been taking cases to verdict since the early stages of their careers. Whether in the courtroom, at the bargaining table or helping clients avoid risks without litigation, Kirkland has a long and proven track record of generating successful results for clients in their most high-stakes cases matters.
The Litigation Practice Group comprises approximately 600 attorneys throughout the firm’s worldwide offices. Kirkland represents clients in trial and appellate courts at the federal and state level, before administrative tribunals, and in arbitrations and other dispute resolution proceedings. The Firm also represents clients in connection with proceedings involving government agencies, such as the Securities and Exchange Commission, US Attorneys General Offices, the Financial Industry Regulatory Authority, the New York Stock Exchange, the US Department of Justice, the Federal Trade Commission, the US Patent and Trademark Office, the US Department of Labor and the Internal Revenue Service.
Kirkland litigators have successfully litigated cases in virtually every substantive area and business segment including accountant liability, antitrust and competition, appellate, class action, mass tort and toxic tort, insurance, data privacy, labor and employment, breach of contract and securities litigation.
Kirkland has been recognized by clients and the media for its achievements in litigation:
For the 11th time, Kirkland was selected as one of the “Fearsome Foursome” in BTI Consulting’s 2022 Litigation Outlook report.
In 2021, Kirkland ranked #1 in The Lawyer’s “Global Litigation Top 50,” the fourth consecutive year the Firm earned that distinction.
Kirkland was awarded “Illinois Firm of the Year” at the 2021 Benchmark Litigation US Awards, the eighth straight year the Firm has earned that distinction.
Law360 named Kirkland among the 2021 “Practice Groups of the Year” for Appellate.
Kirkland was named “Law Firm of the Year” for Commercial Litigation by U.S. News and World Report and Best Lawyers in their 2022 “Best Law Firms” rankings.
National Law Journal named Kirkland as a “2020 General Litigation Department of the Year” in Washington, D.C.
Intellectual Property Litigation: Kirkland & Ellis’ Intellectual Property Practice Group is one of the oldest such practices in a full-service firm in the country, having been an integral part of Kirkland since 1925. Kirkland has approximately 200 intellectual property lawyers who are experienced in a variety of technical disciplines and registered to practice before the US Patent and Trademark Office. More than 70 percent of the lawyers are engineers and scientists trained with degrees and professional backgrounds in technical areas.
Kirkland has one of the most respected intellectual property litigation practices in the country, with particular experience in large-scale patent, copyright, trademark, trade secret misappropriation and advertising matters. The work of the group frequently extends to antitrust, securities/compliance, products liability and appellate matters.
Kirkland’s experience in venues where IP cases are most often litigated is extensive. The Firm tries cases before juries, judges and arbitrators in venues across the country including state courts, district courts, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, the International Trade Commission and the Patent Trial and Appeal Board. Kirkland has one of the most active trial practices in the country. Our success rate at trial is among the best, with only a few of losses over the last 10 years despite handling some of the most challenging litigation cases in history.
The Intellectual Property Practice Group has been recognized by numerous publications for its achievements:
In Managing Intellectual Property’s 2021 IP Stars, Kirkland was named as a leading firm for Copyright, ITC, Life Sciences, Patent Contentious and Trademark Contentious.
Kirkland was named to World Trademark Review magazine’s 2022 WTR 1000 list of the world’s top trademark law firms and was recognized as a Tier 1 firm for enforcement and litigation nationally and in New York.
In 2021, Intellectual Asset Management (IAM) magazine recognized Kirkland in Tier 1 for Litigation: United States - National in its IAM Patent 1000 guide. The firm was also Tier 1 for Litigation in Illinois, New York and Washington, D.C.
The New York Law Journal named Kirkland as its 2021 “Intellectual Property Litigation Department of the Year.”
Law360 named Kirkland among the 2020 “Practice Groups of the Year” for Intellectual Property.
Managing Intellectual Property named Kirkland “U.S. National Patent Contentious Firm of the Year” and “U.S. Northeast – Trademark Contentious Firm of the Year” at its 2021 Americas Awards.
Please visit our website at www.kirkland.com for additional information about Kirkland and office contact information.
For 170 years, Davis Polk has advised many of the world's leading companies and financial institutions as they face complex legal and business challenges.
Davis Polk & Wardwell LLP (including its associated entities) is an elite global law firm with world-class practices across the board. Industry-leading companies and global financial institutions know they can rely on Davis Polk for their most challenging legal and business matters. The firm's top-flight capabilities are grounded in a distinguished history of 170 years, and its global, forward-looking focus is supported by offices strategically located in the world's key financial centers and political capitals. More than 1,000 lawyers collaborate seamlessly across practice groups and geographies to provide clients with exceptional service, sophisticated advice and creative, practical solutions. Visit davispolk.com.
Litigation: Companies from around the world in every industry, as well as their executives and directors, retain Davis Polk lawyers for their most significant litigation matters. The firm's 250-plus litigators routinely represent clients in trials, criminal and regulatory investigations, congressional inquiries, arbitrations, hearings, appeals and crisis management situations. We have been at the forefront of many of the largest and most well-known litigation matters and investigations in recent years. Recent representations include:
Comcast in numerous patent litigations initiated by Rovi Corporation and its affiliates
A Foreign Service Officer in his nationally televised appearances before the House Permanent Selection Committee on Intelligence in the 2019 impeachment inquiry
ExxonMobil in successfully suing the U.S. Department of Treasury and OFAC in federal court to vacate a penalty notice imposing a $2 million fine on Exxon for alleged violations of the Ukraine-related sanctions regulations
Numerous boards, companies and individuals to advise on workplace misconduct matters related to the #Me Too movement
Several global financial institutions in widely reported investigations and litigation relating to benchmark manipulation (FX, LIBOR, SIBOR, COOR and ISDAfix)
IBM in successfully petitioning the Supreme Court of the United States for vacatur of a Second Circuit decision in an ERISA class action
Sete Brasil in four separate ICC arbitrations relating to an $800 million dispute arising out of the construction of four deepwater drilling rigs
Davis Polk litigators are recognized for their experience, creativity, integrity and strategic approach, and clients look to them to handle their "bet-the-company" matters.
Kasowitz’s Employment Practices and Litigation Group brings a feared and respected presence to negotiations, the boardroom, and the courtroom.Our arrival as counsel often generates quick and favorable outcomes, and deters frivolous claims.
Our group is comprised of trial-seasoned former prosecutors and other talented litigators who leverage their employment litigation know-how and experience to achieve extraordinary results early in cases, or by taking the case through discovery to trial and verdict.
Our lawyers have significant experience in all areas of employment litigation, including discrimination, harassment and retaliation claims; enforcement and defense of non-competition agreements, confidentiality agreements, and breaches of fiduciary duty; wage and hour issues under the FLSA, New York Labor Laws and other statutes; disciplinary matters before FINRA and other regulators; and disputes under executive employment, consulting and severance agreements.
We handle complex issues across a broad range of industries, including banking; health care; real estate brokerage, development and management; private equity and hedge funds; retail; luxury fashion; securities trading; journalism and entertainment; advertising and marketing; manufacturing and transportation.
The New York Law Journal named our group as its 2019 Labor and Employment Litigation Department of the Year.We are recognized as leaders in employment litigation by Chambers USA and Benchmark Litigation and the 2019 Burton Awards recognized Mark Lerner and Jessica Taub Rosenberg for exceptional legal writing for their article “When Sexual Harassment Is Also a Crime,” published by the New York Law Journal.
Non-Competition Agreements and Restrictive Covenants
mGage, a global mobile messaging company, in obtaining a preliminary injunction from the Southern District of New York enforcing restrictive covenants and enjoining former employees from working for any competitor and from soliciting any employees, clients, suppliers, customers or business prospects of mGage.
Berdon, a top-35 U.S. accounting firm, in a successful suit enabling Berdon to enforce its restrictive covenants to prevent key staff from poaching clients and valuable, confidential client data when those employees moved to a competitor.
Douglas Elliman Realty in a successful suit against one of Elliman’s former managers and a competitor firm involving a wrongful scheme to move a dozen agents to the competitor firm. Kasowitz won a $3.8 million jury verdict on behalf of Elliman, including $2.5 million in punitive damages.
Celebrity real estate broker Ryan Serhant – of Bravo’s Million Dollar Listing TV show - in his separation from Nest Seekers, his prior employer, and in founding his new independent brokerage and media company, “SERHANT.”
Northwell Health, one of the largest hospital systems in the U.S., in a lawsuit to enforce employment agreements, including covenants not to compete.
Discrimination and Sexual Harassment
Defense of an employee at Dentons, the international law firm, against sexual harassment, in a highly publicized purported “#MeToo” claim.
Easy Spirit and Marc Fisher in actions brought in Federal court alleging that the companies’ websites were not fully accessible to the visually impaired, violating the ADA, NYSHRL and NYCHRL.
The New York Post in defense of a race discrimination lawsuit brought by reporters, in which we obtained summary judgment dismissing all claims.
HedgeServ, a major fund administrator, in discrimination and other employee matters. Kasowitz obtained dismissal of an EEOC matter and settled another discrimination claim.
Godiva, the international chocolate company, against disability discrimination claims based on the alleged inaccessibility of Godiva’s website to sight-impaired individuals. Kasowitz favorably settled the matter for Godiva.
Private Equity Compensation and Other Disputes
Saw Mill Capital in defense of claims for carried interest and other compensation by a former partner, resulting in a complete victory for Saw Mill Capital after a trial.
John Brice, former Chief Investment Officer and board member of private equity fund CarVal Investors, in a case against CarVal after it terminated Mr. Brice’s employment and threatened to withhold $230 million in compensation. After winning a preliminary injunction, Kasowitz settled the matter favorably.
Bridgewater Associates in employment matters involving protection of Bridgewater’s intellectual property.
Senior Managers of Och-Ziff Capital in their dealings with the company’s founding partners and board of directors.
Wage and Hour Litigation
Douglas Elliman Realty in defeating a two-stage federal and state lawsuit in which a real estate sales agent claimed to be an “employee” and not an independent contractor under the FLSA and NY Labor Law. At stake was the classification of Elliman’s 6,000 agents. Kasowitz defeated all claims.
A Dunkin’ Donuts franchisee in defense of putative class and collective action claims for overtime, off-the-clock work, tip-pooling violations and misclassification of employees under the FLSA and NY Labor Law.
Other Employment Issues
Three former executives of a $1 billion public international company in securing a $11.2 million arbitration award against the company. The executives claimed that they were entitled to additional payments associated with their departure. The $11.2 million includes amounts for severance, interest, attorney’s fees and arbitration fees.
Elie Tahari, Ltd. in multiple litigations involving contract disputes.
Celebrity real estate broker Ryan Serhant in his successful defense against litigation brought in the SDNY concerning allegations of fraudulent conduct asserted by three NYC property purchasers. The SDNY dismissed all claims twice - alleged in the original and amended complaints. Judge Liman’s second order bars plaintiffs from refiling their claims. The decision provides important protection for New York real estate brokers against liability for certain types of statements made during the sales process.
Yellow, one of the nation’s largest transportation and logistics companies, in numerous employment litigation matters.
H.I.G. Capital, a private equity firm, in defense of a WARN Class Action brought by former employees of a bankrupt portfolio company.