Our Practice

General Commercial Litigation

They absolutely excel at litigation.
—Chambers USA
[T]hey are good at understanding the commercial sensitivities of cases and trying to focus on a good outcome for the company.
—Chambers USA
The firm’s "overall level of service is outstanding" and its "bench strength is a key strength."
Legal 500 USA
The level of client service is exceptional.
—Chambers USA
Where Advocacy Meets Business

We are a top-tier US business disputes firm. And we don’t just “litigate,” we try cases. Our lawyers handle complex proceedings in state and federal courts in New York and across the country. Our team members have tried over 150 cases to final judgment or award.

Recognizing our unique combination of a leading US litigation practice with a deep international network and perspective, clients and peer firms regularly turn to us for cross-border disputes and US discovery in aid of foreign proceedings (including § 1782 discovery). Given our industry-leading arbitration expertise, we are a go-to firm for US commercial arbitration and arbitration-related litigation.

We regularly handle disputes for and against sovereigns. We have a top judgment and award enforcement practice and have published the leading treatise, Enforcement of Foreign Arbitral Awards and Judgments in New York.

REPRESENTATIVE MATTERS

  • Defending one of the world’s largest retailers against a $250-plus million claim for breach of a software license. We won dismissal of all claims and an award of attorneys’ fees and costs in favor of our client.
  • Winning a motion to dismiss all claims against a US-based global media company in federal court litigation in New York and California concerning copyright claims in connection with a successful film franchise.
  • Successful representation of IBM in two technology licensing disputes in federal court.
  • Winning a New York federal trial and obtaining a judgment dismissing all claims against our client, a European sovereign, based on lack of jurisdiction under the Foreign Sovereign Immunities Act. Plaintiffs had sought to challenge the client’s title to a painting valued at up to $100 million. We also prevailed on appeal.
  • Prosecuting a major Dutch pension manager’s claim in New York state court against a leading broker dealer to enforce the terms of a multi-million dollar securities transaction. The case settled on very favorable terms after we moved for summary judgment.
  • Obtaining a judgment in excess of $1 billion in favor of note holders of a bankrupt Mexican manufacturing company in bankruptcy, state and federal court litigation in Texas and New York (with parallel proceedings in Mexico).
  • Representing multiple clients in pending litigations arising out of the Bernard Madoff fraud, including defending companies and an individual in shareholder class actions and in actions initiated by the Madoff trustee seeking to claw back fees paid to feeder funds.
  • Representing a Brazilian bank in judgment enforcement proceedings. We obtained discovery pursuant to 28 U.S.C. § 1782 in the Southern District of New York to locate assets available for execution. We then sought recognition of the Brazilian judgment and an order of attachment in New York state court, resulting in a favorable settlement.
  • Defending a global market research company in New York state court litigation with a former acquisition target over alleged breaches of a non-disclosure agreement. We obtained a favorable settlement following discovery.
  • Defending insurers in a pending breach of contract action in New York state court seeking over $75 million in damages.
  • Defending a pharmaceutical company in New York state court litigation against a tortious interference claim arising from the company’s provision of financing to a third party. We obtained a favorable settlement after moving to dismiss based on forum non conveniens and lack of personal jurisdiction.
  • Representing the operator of a major power plant in a dispute with a major New York investment bank hired to manage the plant’s operating strategy, including a complex hedging program. We obtained a favorable pre-suit settlement.
  • Representing a manufacturer in a trademark/antitrust jury trial in New Jersey federal court.
  • Winning a summary judgment dismissing all claims in a New Jersey state court action against a hedge fund for violations of the RICO statute and business torts seeking more than $1 billion in damages.
  • Winning a motion to dismiss all claims against a US-based global media company in federal court litigation in New York and California concerning copyright claims in connection with a successful film franchise.

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