Complex Commercial Litigation

Our partners are widely recognized as some of the leading commercial trial lawyers, litigators and arbitration practitioners in the country. We pride ourselves on being go-to counsel for bet-the-company cases, where there is no room for error. Our partners have extensive experience on both sides of the “v.” We have successfully recovered billions of dollars for clients and defeated claims for ten-figure sums. Our diverse range of experience includes breach of contract, antitrust, insurance, fraud, tortious interference and other business torts, and patent and trademark matters, among other types of matters. Our partners have represented clients in a wide range of industries, including finance, private equity, hedge fund, real estate, technology, pharmaceuticals, energy, consumer goods, and healthcare. We strive to help our clients achieve their business needs through litigation by leveraging our expertise and experience to prepare clients’ cases for trial from day one, crafting strategies that put them on the best footing to obtain success.

We understand that business disputes can be dynamic and unpredictable, and we are available to assist our clients whenever needed, including by seeking provisional relief and expedited proceedings. As a litigation-only firm, we also work regularly with in-house counsel and corporate counsel to devise strategies to prevent unwanted litigation.

Representative Matters:

Won an arbitration victory for Limetree Bay Terminals in a bet-the-company breach of contract dispute concerning the terms of a nine-figure oil storage lease agreement. After a nine-day hearing dominated by complex fact and expert testimony concerning technical engineering concepts, the three-arbitrator panel ruled in Limetree’s favor, ordering the adversary to specifically perform the agreement and to pay Limetree damages.
Won a $63 million judgment after a three-week bench trial, in which American industrialist Len Blavatnik asserted that JPMorgan breached agreed-upon investment guidelines.
Won a confidential victory for a reinsurer relating to a nine-figure dispute over coverage under a reinsurance policy that reinsured batch-insurance policies issued to an automobile manufacturer by its captive insurer.
Won dismissal of fraud claim against Babcock & Wilcox in an action concerning alleged defects in gas-fired boilers provided to a paper product manufacturer.
Won an appellate victory for Express Scripts and United BioSource Corp. in an $80 million dispute pending in Delaware Superior Court involving the sale of a healthcare business to private equity firm Parthenon Capital Partners. The case has become a leading precedent on the intent requirement for fraudulent inducement claims in Delaware.
Won an arbitration victory for a confidential hedge fund in connection with a dispute over earn-out payments relating to real estate contract.
Won dismissal with prejudice on behalf of a client in a federal False Claims Act lawsuit alleging that the client made false statements regarding its former subsidiaries.
Won a defense verdict for Express Scripts against claims brought by New York City Transit Authority, claiming that Express Scripts did not properly address “fraudulent, abusive or excessive” claims for compound drugs and seeking $100 million in damages. After an eight-day trial in the U.S. District Court for the Southern District of New York, the jury awarded no damages.
Won a decision in New York’s Appellate Division for Postmates against the New York Attorney General, overturning agency decision that the courier was an employee rather than an independent contractor.
Won dismissal of all claims against Sandoz AG, Sandoz International GmbH, and two individuals in a New York state action relating to the merger of Sandoz Inc. and Oriel Therapeutics, Inc.
Won affirmance from the Second Circuit Court of Appeals in Infrassure Ltd. v. First Mutual Transportation Assur. Co., a case of first impression in the reinsurance industry concerning the proper interpretation of a reinsurance certificate.
Won dismissal of all claims against an investment fund. Claimant alleged that the investment fund breached a letter of intent and a contract to sell interests in a portfolio of properties.
Represented Essar Global against a $1.4 billion fraudulent transfer claim brought in the Southern District of New York. The matter settled confidentially.
Obtained a favorable confidential settlement for a hedge fund in a nine-figure dispute concerning the restructuring of loans issued to Chilean-owned energy ventures.
Represented an ad hoc group of TriMark’s first lien term loan lenders in a case in the New York Supreme Court alleging that TriMark and several of its other lenders violated the governing credit agreement by exchanging the defendant lenders’ first lien term loans for new senior debt. After the court rejected motions to dismiss the plaintiffs’ contract claims, the parties settled the case, with TriMark exchanging the plaintiffs’ debt for new super-senior debt and paying all lenders’ attorneys’ fees.
Represented an ad hoc group of Mitel’s first and second lien term loan lenders in a case in the New York Supreme Court alleging that Mitel and several of its other lenders breached the governing credit agreements by exchanging the defendant lenders’ first and second lien term loans for new senior debt. After removal to the Southern District of New York, successfully remanded the case and defeated motions to dismiss.
Represented Skype co-founder against claims for breach of contract and tortious interference relating to a series of private investment funds. After challenging personal jurisdiction and moving to dismiss, obtained stay of all discovery. The matter settled on confidential terms.
Represented Legal & General in a trademark dispute with Travelers Insurance Company. The case concerned a letter agreement governing the rights to use an umbrella logo in connection with the sale of insurance services. The matter settled on favorable terms.
Represented AEP Generating and Indiana Michigan Power Company (subsidiaries of American Electric Power Company) in a $1.4 billion case brought by a series of trusts on behalf of institutional investors. The case concerned whether the entry into a consent order with the EPA breached certain provisions of sale/leaseback contracts executed in 1989. After successfully transferring the case to the Southern District of Ohio, obtained dismissal of the majority of the plaintiffs’ claims. After appeal and partial reversal of the district court’s decision, the matter was resolved between the parties.
Represented a leading Brazilian private equity firm in a shareholder dispute in New York arising out of its investments in Brazil. Succeeded in obtaining a favorable outcome that included dismissal of all claims.
Obtained a favorable confidential settlement for a hedge fund in a nine-figure dispute concerning the restructuring of loans issued to Chilean-owned energy ventures.
Represented several leading venture capital funds against WeWork, Adam Neumann, and Artie Minson for alleged fraud in connection with an M&A transaction. The matter settled on confidential terms.