Edward E. Filusch’s practice focuses on complex commercial litigation in state and federal courts, as well as in arbitration. Ed represents public and private companies, private equity and other investment firms, partnerships, and individuals in industries including financial services, structured products, real estate, insurance, and manufacturing.
Ed has been recognized by Benchmark Litigation as a Future Star and on its 40 & Under Hot List, by Lawdragon as a Leading Plaintiff Financial Lawyer in America and a Leading Litigator in America, and by Super Lawyers as a Rising Star.
WORK HIGHLIGHTS
► MBIA in a decade-long put-back action against Credit Suisse in which MBIA sought to recover for breaches of representations and warranties related to RMBS insured by MBIA. After a two-week bench trial in New York State Supreme Court, the court found that MBIA had convincingly proved that Credit Suisse breached its representations and warranties, and that Credit Suisse was liable for over $600 million in damages.
► Investment vehicles associated with Carl Icahn, one of Wall Street’s most successful investors and activists, in a case in Nevada state court against Rialto Capital Advisors for breach of contract and fraud in connection with Rialto’s servicing of a commercial mortgage-backed securities (CMBS) trust secured by the Prizm Outlets mall in Primm, Nevada, which resulted in a loss of almost $73 million, plus almost $13 million in fees, the largest loss on a CMBS conduit loan since the 2008 financial crisis. Kasowitz successfully defeated Rialto’s motion to dismiss on all counts alleged in the complaint, and the case is proceeding with discovery.
► Vietnamese company Gilimex in a case in the Southern District of New York against Amazon Robotics, subsidiary of Amazon.com, seeking over $280 million in damages resulting from Amazon’s alleged breach of fiduciary duty arising out of Amazon’s termination of the parties’ decade-long relationship pursuant to which Gilimex manufactured storage pods for Amazon warehouses. Kasowitz defeated Amazon’s motion to dismiss.
► Cascade Funding, LP-Series 6, an affiliate of asset manager Waterfall Asset Management, in securing summary judgment on Cascade’s breach of contract claim against The Bancorp Bank relating to Cascade’s valid exercise of a “market out” clause in connection with the purchase of a pool of $900 million in mortgage loan assets for securitization in a CRE CLO.
► Brought in as principal trial counsel for a leading surplus lines insurance company. Instrumental in helping the insurer successfully resolve its years-long litigation with a utility company insured concerning hundreds of millions of dollars in coal ash cleanup costs sought pursuant to decades-old liability policies.
► A leading international insurance company in an international arbitration governed by The Danish Institute of Arbitration rules of arbitration procedure concerning a nine-figure coverage dispute under a professional indemnity insurance policy.
Updated Oct 2024
