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We are 800+ 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; and 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, Los Angeles Business 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:
Lead outside counsel to the Financial Oversight and Management Board for Puerto Rico. The Oversight Board was created under PROMESA, a federal statute enacted in 2016, to oversee the restructuring of Puerto Rico’s finances. The Oversight Board represents the Commonwealth and related public entities in the largest ever municipal restructuring in the United States. Puerto Rico had approximately $74 billion of bond debt and $55 billion of underfunded public pension liabilities. The litigations surrounding Puerto Rico’s fiscal crisis, pending in the District of Puerto Rico, likely represent the single most active docket in the federal courts over the last six years. This is the first territorial debt restructuring in the history of the United States, which put an end to its bankruptcy, while cutting billions in debt and fixing a broken pension system.
Secured a decisive victory for Gilead Sciences in a $3.6 billion antitrust case on allegations that the pharmaceutical company struck an anticompetitive “pay-for-delay” patent settlement related to two HIV medications. A jury in the U.S. District Court for the Northern District of California delivered a full defense verdict following a six-week trial. The verdict affirms that a 2014 patent settlement between Gilead and Teva did not violate antitrust law and was not a reverse payment.
Lead counsel to Miramax in a groundbreaking lawsuit against director Quentin Tarantino, involving allegations of intellectual property infringement and breach of contract related to the offering of non-fungible tokens (NFTs) for the film Pulp Fiction. The team achieved a pioneering copyright settlement, marking the first of its kind involving NFTs.
Lead trial counsel for Gilead Sciences in various 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 drugs were defectively designed and failed adequately to warn about the increased risk of potential kidney disease and bone injury that could result from use of its highly effective and FDA-approved HIV medications.
Lead counsel for the National Football League in actions filed by apparel distributors and NFL merchandise purchasers in federal court in New York alleging that the NFL’s agreements with Fanatics, Inc., a manufacturer, supplier and distributor of licensed sportswear and merchandise, violate state and federal antitrust laws.
Defense of Major League Soccer against a federal lawsuit brought by the North American Soccer League 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 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.
Complete victory at summary judgment on behalf of Wayne Farms in the broiler chicken litigation, one of the largest U.S. antitrust cases after seven years of litigation. The plaintiffs alleged that the top 21 chicken producers in the U.S. unlawfully agreed to work together to reduce the supply of chicken over a 10-year period as part of a two-hub conspiracy. The court granted summary judgment in favor of Wayne Farms and 6 other defendants, and also granted our motion to eliminate two of the three hubs of the conspiracy alleged by the plaintiffs.
Secured a significant victory for Shamrock Capital Advisors, in a high-profile case brought by founders and other minority shareholders of bookmaker and fantasy sports provider, FanDuel, a portfolio company of Shamrock. FanDuel’s founders and other minority shareholders alleged breach of fiduciary duty, aiding and abetting and unjust enrichment claims against Shamrock, a preferred shareholder in FanDuel, and other defendants. In a $1 billion lawsuit, the founders and early employees of FanDuel claimed that certain directors undervalued the company during its merger with European sportsbook Paddy Power Betfair.
Representation of ATP Tour and WTA Tour on a myriad of issues, including:
Updated Sep 2023
Founded in 1982, Berman Tabacco is a national law firm with offices in California and Massachusetts. The firm has devoted its practice to complex litigation, primarily under the securities and antitrust laws, as well as related services requested by and provided to its institutional clients. The firm also has an active whistleblower practice, among others.
Securities Litigation: Berman Tabacco has over 40 years of securities-litigation experience and has represented public pension funds and other institutional investors in that area since 1998. The firm has prosecuted some of the largest securities cases and has recovered billions of dollars on behalf of investors. Indeed, Berman Tabacco appears as one of the firms with the most settlements on the list of the top 100 largest securities class actions in ISS Securities Class Action Services’ published report, Top 100 U.S. Class Action Settlements of All Time (as of 12/31/2022). The firm has successfully prosecuted and recovered billions of dollars for defrauded investors in some of the most significant shareholder lawsuits of the last 20 years, having been appointed as lead or co-lead counsel in more than 100 actions. Selected successes include:
Berman Tabacco’s dismissal rate for cases brought under the federal securities laws is less than half the overall dismissal rate for such cases (based on the reported dismissal rate by one authoritative study. Securities Class Action Filings: 2022 Year in Review, pp. 22, 34 (Cornerstone Research 2023). The firm serves as monitoring, evaluation, and/or litigation counsel for over 100 institutional investors, which includes 17 statewide public employee retirement systems with more than $50 billion in assets.
Antitrust Litigation: Berman Tabacco’s antitrust practice also has a national reputation for prosecuting class actions that involve anticompetitive conduct and conspiracies to fix or maintain prices. Over the years, the firm has played a major role in the prosecution of numerous landmark antitrust cases and has been at the forefront of some of the largest antitrust settlements—recovering over a billion dollars for class members and changing business practices of defendant companies. The following are examples of the antitrust group’s efforts:
Whistleblower Representation: Berman Tabacco’s whistleblower practice group assists individuals wishing to expose fraud perpetrated against the federal government, states, and corporations, working to obtain the compensation and protections afforded by the False Claims Act, the U.S. Securities and Exchange Commission Whistleblower Program, the Commodities Futures Trading Commission Whistleblower Program, and the Internal Revenue Service Whistleblower Program. Berman Tabacco helps whistleblowers engage appropriate government entities to right wrongs—enforced either by those agencies or through separate litigation. In April 2021, the SEC awarded over $50 million to joint whistleblowers represented by the firm. It was the second largest whistleblower award by the SEC when it was made.
Updated Aug 2023
Our Litigation Group comprises approximately 600 attorneys throughout the firm’s offices worldwide, and Skadden attorneys are admitted to practice throughout the United States as well as in more than 30 other countries and territories. We have handled some of the largest and most high-profile cases in recent years, earning a reputation as a go-to firm for litigation, and we are responsible for numerous decisions, from the trial courts to the U.S. Supreme Court, that have shaped various areas of law.
We represent clients in all stages of litigation, from applying cutting edge e-discovery capabilities to trials. Indeed, Skadden is recognized as having a leading national trial practice, and our attorneys score groundbreaking precedent-setting trial wins that are highly favorable to our clients’ bottom line. Our trial lawyers often inherit cases from other firms when trial is imminent, and we offer the capabilities to quickly pull together crisis teams to confront challenges wherever our clients face them. Moreover, our attorneys are no strangers to appellate state and federal courts throughout the country.
Our attorneys have significant experience litigating all types of complex commercial claims, including contract disputes; fraud, breach of fiduciary duty and tortious interference claims; non-compete litigation; merger-related litigation and control disputes; joint venture and partnership disputes; bankruptcy and restructuring-related issues; and statutory claims.
Our experience in these and other complex litigation claims spans across numerous industries, including aerospace and defense, banking, energy, financial services, insurance, manufacturing, retail, technology and telecommunications.
In addition to handling some of the largest, most complex litigations, Skadden attorneys represent clients in a wide variety of pro bono matters, from trials to the U.S. Supreme Court.
Updated March 2023
Campbell Conroy & O'Neil have successfully tried hundreds of large value, high-exposure, technically complex cases to verdict. We provide advice, counseling and representation during all stages of a dispute, ranging from the time before the filing of a lawsuit through the final appeal. Our attorneys are well connected throughout the profession offering clients the advantage of an international network of relationships, access to courts across the country, and world-class trial experience. Internal cost controls, efficient staffing models, state-of-the-art technology, strategic office locations, and a stream-lined approach to case management mean we provide world-class trial performance at exceptionally reasonable rates. Our use of cutting edge technology in the preparation and presentation of every case enhances our ability to deliver clear, organized, powerful arguments that win cases.
Founded in 1983, Campbell Conroy & O'Neil gained early success as Campbell Campbell Edwards & Conroy in automotive product liability cases. Over the last several decades, the firm has developed a national reputation defending a wide variety of industries in all types of civil litigation. The firm serves as local, regional and national counsel to a variety of clients including those in the automotive, transportation, pharmaceutical, medical device, chemical, heavy equipment, commercial equipment, consumer products and many other industries. With offices in seven states, we try cases across the country and regularly act as regional or national coordinating counsel for Fortune 500 companies. Our clients also include locally-owned businesses, family-owned enterprises, and individuals.
Accessibility and responsiveness are hallmarks of great client service, and we continually strive for excellence throughout our business relationships. Our attorneys take a personal interest in your business and know that communication is the key to your peace of mind. We are committed to the successful resolution of your case, based on your definition of success. Not every case belongs in court. We are counselors as well as advocates; throughout the course of our representation, we will counsel your team on the relative risks, costs, and benefits of continued litigation versus settlement. Customized reporting and billing, a litigation plan with budgeting options, a willingness to discuss alternative fee arrangements and a focus on our clients’ business objectives inject both flexibility and predictability into the management of legal budgets.
Our attorneys hold memberships and/or leadership roles in: the American College of Trial Lawyers, the American Board of Trial Advocates, the International Association of Defense Counsel, the Massachusetts Defense Lawyers Association, the Federation of Defense and Corporate Counsel, the Association of Defense Trial Attorneys, the Product Liability Advisory Council, the Defense Research Institute, the American Bar Association, as well as various state bar associations.
We are consistently recognized for our results and are regularly ranked in: Chambers USA, The Legal 500, Benchmark Litigation, The Best Lawyers in America, The Best Lawyers in Boston, The Best Lawyers in Philadelphia, The Best Law Firms, Who’s Who Legal, Super Lawyers, Martindale-Hubbell and more.
Updated Sep 2023