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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:
- Successfully defending against various challenges by the Madrid tournament, including to ATP’s format and to WTA’s imposition of certain penalties for violations of its rules;
- Addressing issues relating to the accusations of sexual abuse by WTA member Peng Shuai and the subsequent take down of such charges from social media and her disappearance, which in turn have led to the suspension of WTA events in China; and
- The appeal of fines and other penalties issued by the WTA CEO as a result of those bans at WTA events in the UK, which the WTA Board upheld, and represented ATP in a hearing before the ATP Board of Directors pursuant to which the ATP Board issued fines and penalties against Wimbledon and the LTA as a result of their bans at ATP events in the UK.
Updated Sep 2023
