NEW YORK
NEW YORK
Local litigation firms Local litigation stars Susan Davis
Cohen Weiss & Simon
Labor and Employment
Highly recommended Gregory Arenson
Kaplan Fox Richard DeLucia
Anderson Kill & Olick Antitrust, Securities Kenyon & Kenyon
Intellectual Property
Bernstein Litowitz Berger & Grossmann Mark Arisohn
Labaton Sucharow Gregory Diskant
Boies Schiller & Flexner Securities Patterson Belknap Webb & Tyler
Intellectual Property
Grant & Eisenhofer Scott Balber
Chadbourne & Parke Thomas Dubbs
Kaplan Fox Bankruptcy, Commercial Litigation, Intellectual Labaton Sucharow
Property, Securities Securities
Kasowitz Benson Torres & Friedman
Daniel Benson Sanford Dumain
Kenyon & Kenyon
Kasowitz Benson Torres & Friedman Milberg
Antitrust, Commercial Litigation, Securities Antitrust, Insurance, Securities
Kobre & Kim
Max Berger Jay Eisenhofer
Labaton Sucharow
Bernstein Litowitz Berger & Grossmann Grant & Eisenhofer
Patterson Belknap Webb & Tyler Securities Securities
Quinn Emanuel Urquhart & Sullivan Joel Bernstein Richard Emery
Labaton Sucharow Emery Celli Brinckerhoff & Abady
Securities Civil Rights
Recommended Stanley Bernstein John Flock
Bernstein Liebhard Kenyon & Kenyon
Bernstein Liebhard Securities Intellectual Property
Cohen Weiss & Simon David Boies Frederic Fox
Boies Schiller & Flexner Kaplan Fox
Emery Celli Brinckerhoff & Abady Antitrust, Securities, White-Collar Litigation Securities
Lowey Dannenberg Cohen & Hart Vincent Briganti Anne Golden
Lowey Dannenberg Cohen & Hart Outten & Golden
Milberg Commodities Litigation Employment Law
Neufeld Scheck & Brustin Matthew Brinckerhoff Salvatore Graziano
Emery Celli Brinckerhoff & Abady Bernstein Litowitz Berger & Grossmann
Robbins Geller Rudman & Dowd Civil Rights Securities
Seeger Weiss Nick Brustin Barbara Hart
Neufeld Scheck & Brustin Lowey Dannenberg Cohen & Hart
Weitz & Luxenberg Civil Rights Antitrust, Securities
Peter Calamari Robert Horkovich
Quinn Emanuel Urquhart & Sullivan Anderson Kill & Olick
Securities Insurance
Michael Carlinsky Geoffrey Horn
Quinn Emanuel Urquhart & Sullivan Lowey Dannenberg Cohen & Hart
Securities Antitrust, Securities
Andrew Celli Robert Kaplan
Emery Celli Brinckerhoff & Abady Kaplan Fox
Civil Rights Securities
Thomas Ciantra Marc Kasowitz
Cohen Weiss & Simon Kasowitz Benson Torres & Friedman
Labor and Employment Antitrust, Commercial Litigation, Insurance,
Securities
Robin Cohen
Kasowitz Benson Torres & Friedman John Kazanjian
Insurance Beveridge & Diamond
Insurance, Products Liability
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Michael Kim Ariana Tadler
Kobre & Kim Milberg
Bankruptcy, Commercial Litigation, International Securities
Arbitration, Securities
Stephen Weiss
Steven Lee Seeger Weiss
Kenyon & Kenyon Personal Injury, Products Liability
Intellectual Property
Perry Weitz
Sandy Liebhard Weitz & Luxenberg
Bernstein Liebhard Personal Injury, Products Liability
Securities
Steven Zalesin
Robert LoBue Patterson Belknap Webb & Tyler
Patterson Belknap Webb & Tyler Intellectual Property
Intellectual Property
Arthur Luxenberg
Weitz & Luxenberg
Personal Injury, Products Liability
Michelle Marsh
Kenyon & Kenyon
Intellectual Property
Peter Neufeld
Neufeld Scheck & Brustin
Civil Rights
Wayne Outten
Outten & Golden
Employment Law
Randy Parr
Kasowitz Benson Torres & Friedman LLP
Insurance
Jani Rachelson
Cohen Weiss and Simon
Labor and Employment
Jonathan Reichman
Kenyon & Kenyon
Intellectual Property
Samuel Rudman
Robbins Geller Rudman & Dowd
Securities
Hollis Salzman
Labaton Sucharow
Antitrust
Barry Scheck
Neufeld Scheck & Brustin
Civil Rights
Christopher Seeger
Seeger Weiss
Personal Injury, Products Liability
Gerald Silk
Bernstein Litowitz Berger & Grossmann
Securities
Lawrence Sucharow
Labaton Sucharow
Antitrust, Products Liability, Securities
THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS 131
NEW YORK
New York shoulders of seemingly ubiquitous name
partner David Boies, who elicits a staggering
amount of recognition from peers from every
corner of the US. “David Boies is everywhere,
all the time!” observes one peer, who goes on
With a culture that is largely dominated by the global financial nucleus that is to say, “He brings in an unparalleled level of
Wall Street – and the seemingly endless armada of behemoth law firms that work, and he seems stretched so thin I can’t
help but wonder how he keeps up!” Perhaps
eagerly serve to defend its players – New York proves to be a challenging the answer to that rhetorical observation
environment for plaintiff lawyers. In addition, Wall Street is further protected from comes from another peer, who offers, “Boies
attacks by business-friendly judges, at both the state and federal district court is extremely crafty, very strategic as to his
levels, acting in concert with some of the most skilled and handsomely paid involvement in the cases. He also takes
defense lawyers in the business. Plaintiffs have a steep uphill climb when chances, some involving huge risks, that
manage to consistently pay off.”
bringing cases in New York, and they have to be increasingly clever, creative, and
confident in order to even make it past the first motion in some cases. Grant & Eisenhofer
Fortunately, New York is also home to come of the country’s top talent in the When everyone from Wall Street to Rupert
plaintiff capacity as well, and these practitioners appear to remain up for the Murdoch starts feeling the pinch from a
challenges that await them in court. litigation boutique that retains half of its
talent in Delaware, such as is the case with
Highly recommended firms their money.” Clients also offer praise, with primarily plaintiff-based Grant & Eisenhofer,
one confirming that the firm was chosen as it speaks volumes about said firm’s
Anderson Kill & Olick counsel due to its “wealth of experience and expanding footprint. One competitor crows,
Anderson Kill & Olick maintains a special sterling reputation.” The firm recently logged “This firm has really come into its own. They
focus on insurance and in that regard, it is a victory on behalf of client Ontario Teachers represent institutions that have substantial
unique in that it often litigates against Pension Plan Board, when, in July 2011, the stockholdings. They are serious players.”
insurance companies. The firm is dedicated to former directors and officers, auditor, and Another peer claims, “I read that New York
policyholder-only matters, and in this stock underwriters of Washington Mutual banks are feeling the push by these guys – I
capacity, the firm is keeping clients very agreed to pay $208.5 million to settle believe it.”
satisfied: “Their experience representing securities fraud charges that they misled New York partner Jay Eisenhofer and his
policyholders, the various articles the investors before the bank holding company Delaware-based counterpart Stuart Grant
members of the firm publish about insurance collapsed in September 2008. take a strategic approach to litigation, hand-
coverage disputes, and their reputation in the Max Berger, acknowledged as “the sage” picking only the matters they deem worthy of
risk management community all played a by peers, is still the most recognizable name bringing to fruition in court and being
part in choosing them.” Peers also offer at the firm and its “senior statesman.” personally involved in every case they take
support for the firm’s keen acumen in However, attention is being increasingly on. This “what you see is what you get”
attending to its chosen field. “Anderson Kill drawn to younger partners Gerald Silk and philosophy has earned them real recognition
has a certain forte, which is insurance. It’s Salvatore Graziano. “Max still provides and praise: “There is no ‘bait-and-switch’
definitely a narrow niche firm, but what they expert guidance there, but Jerry and Sal are with these guys. If you hear that Grant &
do, they do very well. People know this about going to be the dangerous new breed in the Eisenhofer is filing a suit, it means that you
them.” not-too-distant future,” surmises one peer. will literally be seeing Grant or Eisenhofer in
Robert Horkovich has obtained over $5 court – and if you’re a defense lawyer, that’s
billion in settlements and judgments from Boies Schiller & Flexner the last place you want to encounter them.”
insurance companies for his clients over the Formed in 1997, Boies Schiller & Flexner has The firm is certain to elevate its profile even
past decade. One client cheers, “Based upon etched itself a maverick image within the further with its complaint challenging News
my vast experience in the field of insurance crowded field of New York litigation Corp.’s $615 million acquisition of Shine
recovery work, I can say without hesitation workshops. Housing over 200 lawyers in its Group, which was majority-owned by the
that Bob Horkovich is one of the finest – if three locations within the state, the firm daughter of News Corp. CEO Rupert
not the finest – attorney in this field.” reinforces its uncompromising stance by Murdoch. The suit alleges that Murdoch
remaining headquartered in Armonk, as engineered the deal for nepotistic purposes
Bernstein Litowitz Berger & Grossmann opposed to New York City, although it does and cites previous reports of phone hacking
Plaintiff “powerhouse” Bernstein Litowitz maintain a New York office, as well as one in by company employees as proof that the
Berger & Grossmann is unique in that it is Albany. The firm benefits from its unique board allowed Murdoch to jeopardize Shine’s
not only one of the most successful position of straddling both plaintiff and integrity. Originally filed in March 2011, the
contingency fee plaintiff firms, with many defense work, with cases on opposite sides of complaint was amended in July, following the
record-setting verdicts and settlements to its the aisle often in the same month. Examples breaking news about News Corp.’s phone
credit, but it is also one of the only plaintiff of this flexibility include the firm’s securities hacking scandal in which a teenage murder
firms to be almost uniformly praised by past fraud claims on behalf of plaintiff Starr victim was targeted.
and present opponents on the defense side; International against Chinese MediaExpress,
peers on both sides of the aisle refer to the and the firm’s successful defense of a Kaplan Fox
firm as “premier,” “preeminent,” or “the securities fraud matter on behalf of Goldman Kaplan Fox maintains a securities-focused
cream” in its contingency fee securities fraud Sachs in a case in which the plaintiffs sought plaintiff practice that has catapulted its
capacity. One defense lawyer even goes so far $1 billion in claims. Both of these cases made reputation and landed it at the forefront of
as to say, “Bernstein Litowitz has headlines in July 2011. some of the most high-profile litigation in the
distinguished itself by not only staying levels For a firm that came into existence country. “Kaplan Fox is starting to get more
above many of the other plaintiff firms who relatively recently, Boies Schiller’s footprint ‘on the radar’ and more dangerous than we’d
just take ‘cheap shots’ but also by putting has mushroomed at astonishing levels, and like to see them get, quite frankly,” offers one
forth some really compelling arguments. it’s no secret within the litigation community securities-oriented defense-side peer, only half
They’ve given firms twice their size a run for that this rests almost entirely on the joking. “Their star is on the rise.” Beyond
132
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securities litigation, the firm also houses matters. A full-service firm, Kenyon & insolvency contexts. He has served as leading
robust antitrust and consumer protection Kenyon does not exclusively cater to counsel in numerous disputes with in excess
practices as well. plaintiffs nor is it even focused entirely on of $100 million involving structured
Frederic Fox is one of the firm’s most litigation. However, the firm’s prowess in products, hedge funds, joint ventures,
often-mentioned litigators, and, prior to vigorously pursuing infringement claims bankruptcy, revolving credit facilities,
Benchmark Plaintiffs, he garnered enough regarding patents, trademarks, and unfair judgment enforcement and asset tracing.
peer mentions to warrant repeat appearances business practices has generated favorable
in the defense-heavy Benchmark Litigation as notice amongst the community members, and Labaton Sucharow
well. “Fred Fox is making some of us the firm’s client base boasts names as diverse From its offices in New York and Delaware,
corporate defense counsel uncomfortable,” as Toyota, Ozzy Osbourne, and Maker’s Labaton Sucharow is making inroads in the
confirms one such peer. In August 2011, Fox Mark. “Kenyon & Kenyon keeps plugging legal arena of both states and beyond.
triumphed on behalf of client Bricklayers and away with what they do, and are doing well Focusing primarily on antitrust and securities
Trowel Trades International Pension Fund, for themselves,” observes a peer. matters, the firm has garnered a healthy level
who were seeking to recoup losses incurred in Jonathan Reichman is identified as one of of praise from its peers. This acclaim includes
the fund’s investment in AOL-Time Warner the firm’s standouts in the New York office. acknowledgement from defense lawyers,
when the company was created 10 years ago Reichman has over 25 years’ experience in several of whom, while noticeably lacking in
via a merger. A Boston federal district judge litigation, licensing and counseling matters in enthusiasm when asked to name their most
refused to dismiss claims that the defendants copyright, trademark, unfair competition and worthy adversary, begrudgingly did so:
misled investors about the financial future of right of publicity law, particularly for clients “Labaton.” The firm made news when, in
AOL-Time Warner, which proved to be less in the entertainment industry. Within the last November 2010, representing State-Boston
rosy than investors were led to believe. year, Reichman secured a victory for client Retirement System as lead plaintiff, Labaton
Robert Kaplan is also noted by peers. Mattel in a copyright and trademark dispute Sucharow achieved a victory in an historic
against PIR Holding SP, a European company piece of securities litigation: the first lawsuit
Kasowitz Benson Torres & Friedman which was selling dolls which infringed relating to the financial crisis to reach a jury
Kasowitz Benson Torres & Friedman Mattel’s Barbie. The Polish circuit court verdict. Persuaded by Labaton Sucharow’s
continues to have the litigation community conducted a full trial and declared all theory of the case, a federal jury in Miami
talking, and peers remain sharply divided in copyright and trademark rights in Barbie to found that defendant BankAtlantic Bancorp
their opinions of its courtroom tactics. Some be valid, ordered destruction of all infringing and two senior officers had defrauded
disdain the firm’s “rogue” approach, while dolls and packaging, and awarded Mattel investors with their representations about the
an equally vocal contingent insists the firm damages and attorney’s fees in amounts to be bank’s troubled loan portfolio.
operates the way all true trial lawyers should: determined. Unfortunately, this rare triumph got scuttled
“Kasowitz could teach a lot of other when, in April 2011, a Miami district judge
litigators a thing or two, about backbone and Kobre & Kim threw out the verdict on a technicality
about strategy. The proof of the pudding is Kobre & Kim forges somewhat of a maverick concerning confidential witnesses.
that they are delivering the goods, and those stance even within the “underdog” realm of Mark Arisohn attended to the
who don’t like them frankly probably feel the New York plaintiff market. It is 100% BankAtlantic matter and, despite being dealt
that way because Kasowitz scooped clients or focused on advocacy, being called upon to a stinging blow with the vacating of his
partners from them,” opines one peer. The assist other firms with complex clients. historic verdict, he remains championed by
firm enjoys success with what’s considered, Except within the scope of litigation and his peers for his valiant spirit and keen trial
by New York standards, an unconventional advocacy, the firm maintains no real repeat skills in the case. “Mark did a great job in
model of being strictly litigation-focused, client base of its own, which allows it to that case and worked his tail off for his client.
juggling plaintiff and defense work. The firm sidestep potential conflicts. This strategy also He was given a raw deal.” Another New
is also bolstering its intellectual property affords the firm the liberty to take on plaintiff York partner identified as a “strong
capacity, having recently poached a team of and defense work and devote equal resources advocate,” Lawrence Sucharow is a
IP litigators from Sutherland Asbill in to both, as well as learning to anticipate the nationally recognized leader of the securities
Georgia. opposition’s anticipated argument in order to class action bar and is the chairman of the
Name partner Marc Kasowitz is a pre-empt it. With an office in London as well firm. Sucharow devotes his practice to
commercial trial lawyer who, while either as New York, Kobre & Kim is adept and able counseling clients and prosecuting cases on
revered or reviled by peers, has been actively to attend to matters of an international complex issues involving securities, antitrust,
courted by the media and uniformly praised nature as well. The firm houses a lean staff of business transaction, products liability, and
by clients. “Marc is a superb advocate. While professionals that are trained in a specific other class actions. He has successfully
settlements are sometimes unavoidable, with model of litigation, and the firm strives to recovered more than $1 billion on behalf of
Marc representing you, you at least know ensure quality and attention by taking on a institutional investors such as state, city,
you can go to trial if necessary.” Kasowitz limited number of engagements at any county and union pension funds,
leads a team representing Fairfax Financial in juncture. The firm is routinely called upon to shareholders of public companies,
a case arising out of an attack on Fairfax by represent large institutional clients, including bondholders, purchasers of limited
a group of short-selling hedge funds, for leading hedge funds, private equity firms, partnership interests, purchasers of consumer
which Fairfax is seeking $6 billion in banks, industrial borrowers, and the Audit products and individual investors.
damages for harm suffered as a result of the Committees of several Fortune 500
attack. The trial is set for late 2011. Robin companies, among others. Patterson Belknap Webb & Tyler
Cohen, who the firm lured away from The firm’s most often-namechecked Patterson Belknap Webb & Tyler has crafted
insurance plaintiff titans Dickstein Shapiro in litigator is by far Michael Kim. Kim has been itself a litigation presence that is composed of
a 2010 coup, is also noted for her insurance on the tips of several peers’ tongues within “consistent quality.” Elaborating further on
practice. the New York litigation community, and this, one peer offers, “You’d be tempted to
these include both co-counsel and former or call Patterson Belknap ‘boutiquey’ but unlike
Kenyon & Kenyon current adversaries. Kim is a noted authority most boutiques, which involve a one-star
Formed in 1879, Kenyon & Kenyon’s profile on cross-border financial disputes, system around which the lesser ‘satellite’
has been steadily on the rise for its particularly in the investment fund, lawyers revolve, this firm has quality across
involvement in dynamic intellectual property international judgment enforcement, and its entire bench.” While certainly not
THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS 133
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exclusively a plaintiff firm, Patterson Belknap underwent a change of control, which did However, the firm does also conduct defense
prosecutes a sufficient level of matters, occur when Merck acquired Schering in work for certain select institutional clients as
particularly of the intellectual property 2009. The case was tried to an arbitration well.
variety, to qualify it as a recommended firm panel in October 2010, and in April 2011, Securities specialist Peter Calamari has
for selective plaintiff work. Merck agreed to return exclusive distribution been representing MBIA in its pursuit of
Robert LoBue juggles defense work as rights to the client in certain specified litigation against Countrywide and other
well, particularly in the antitrust arena, but countries. banks that issued toxic mortgage loan
he is also actively pursuing several intellectual instruments. Also acting as counsel to MBIA
property claims. LoBue’s prowess is Quinn Emanuel Urquhart & Sullivan is Philippe Selendy, who is commended by
supported by client feedback; one satisfied Litigation-only juggernaut Quinn Emanuel peers for being “really intellectual, a perfect
client says, “If you want someone who’s Urquhart & Sullivan has left an indelible complement to, and atypical of, the ‘street
going to waste your time, look elsewhere. stamp on the New York market, much to fighter’ style of other Quinn lawyers.”
Bob LoBue gets it done – he does not start Wall Street’s chagrin. Litigators reference the Another securities litigator, Michael
bumbling around willy-nilly and does not firm on an almost unanimous basis, and one Carlinsky counts AIG among his clients, and
cower behind a fortress of excuses.” Gregory even concedes, “I think I speak for several in August 2011, he led the client in a $10.5
Diskant and Steven Zalesin represented lawyers when I say that I often go to sleep billion suit against Bank of America, alleging
Johnson & Johnson’s subsidiary, Centocor, in hoping that when I wake up, Quinn Emanuel that the bank misrepresented the quality of
an arbitration the client brought to regain will just go away. Of course when I do wake underlying loans and violated underwriting
distribution rights to the drugs Remicade and up, they’re in my face and seem stronger than standards when it coaxed AIG to invest $28
Simponi, which has been granted to Schering the day before.” With no corporate practice, billion in nearly 350 ill-fated mortgage-
via a distribution agreement but entitled the firm has freed itself to sue financial backed bonds.
Centocor to regain the rights if Schering institutions with unprecedented gusto.
134
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ROBERT KAPLAN
KAPLAN FOX
New York, NY
850 Third Avenue
New York, NY 10022
Tel: (212) 687-1980
Fax: (212) 687-7714
Web: www.kaplanfox.com
1285 Avenue of the Americas
New York, NY 10019 Mr. Kaplan is widely recognized as a leading securities and antitrust
Tel: (212) 554-1400 litigator. He has led the prosecution of numerous securities fraud and
Fax: (212) 554-1444 antitrust class actions recovering hundreds of millions of dollars for the
Web: www.blbglaw.com victims. He is a resident of the firm’s New York office. Recently, he was
listed by defense and corporate counsel as one of the top 75 plaintiffs’
Managing Partner: Max W. Berger attorneys in the United States for all disciplines. Mr. Kaplan was listed as
Number of partners: 16 one of the top five attorneys for securities litigation. See
Number of counsel: 7 http://amlawdaily.typepad.com/files/shookhardylist.pdf. He was also just
Number of qualified lawyers: 30 recognized by Legal 500 as one of the top six securities litigators in the
United States for 2011.
Firm Profile
He also has earned a reputation as a leading litigator in the antitrust arena.
A distinguished group of trial-tested litigators, Bernstein Litowitz Berger &
Among other things, he was a co-lead counsel in the High Fructose Corn
Grossmann (“BLB&G”) handles complex commercial litigation for
Syrup Antitrust Litigation, which settled for more than $530 million on the
corporate, institutional and private clients on a contingency fee basis.
eve of trial. He is currently a co-lead counsel in the Air Cargo Antitrust
Litigation, in which to date there have been $454.4 million of settlements.
BLB&G is the leading law firm worldwide advising institutional investors in
issues related to corporate governance, shareholder rights, and securities Mr. Kaplan was a trial attorney with the antitrust division of the US
litigation. The firm provides comprehensive asset protection services, Department of Justice. There, he gained significant experience litigating
including portfolio monitoring, to over 100 of the most significant and both civil and criminal actions. He also served as law clerk to the Hon.
respected public pension funds and private institutional investors in North Sylvester J Ryan, then chief judge of the US District Court for the Southern
America and abroad. Since its founding in 1983, BLB&G has obtained District of New York.
over $20 billion in recoveries for investors and has achieved precedent-
setting corporate governance reforms on behalf of its institutional investor Mr. Kaplan has played a significant role in most of the firm’s major cases
clients, including billions of dollars obtained through litigation on behalf of both antitrust and securities matters, including: In re Merrill Lynch & Co.,
bondholders and creditors of distressed and bankrupt companies. Unique Inc. Securities, Derivative & ERISA Litigation; In re High Fructose Corn
among its peers, BLB&G is responsible for obtaining four of the ten largest Syrup Antitrust Litigation; In re 3Com Securities Litigation; AOL Time
securities recoveries in history, and nearly 40% of the top 50 securities Warner Cases I & II; In re Informix Securities Litigation; In re Flat Glass
class action recoveries of all time, more than any other firm in the field. Antitrust Litigation.
The firm also prosecutes cutting-edge fiduciary duty issues in connection
with merger and acquisition transactions to maximize shareholder value,
protect the shareholder franchise and improve corporate governance
practices.
In addition, BLB&G has prosecuted some of the most significant
employment discrimination, civil rights and consumer protection cases on
record and represents intellectual property holders in patent, trademark
and copyright litigation against some of the largest companies in the world.
Beyond obtaining large monetary recoveries, BLB&G has advanced novel
and beneficial principles by developing important new law in the areas in
which it litigates. As a result of its accomplishments, the firm and its
attorneys have repeatedly and consistently earned high praise from the
courts in which they practice, as well as the respect of the defense firms
and insurance carriers whom they face in court and across the negotiating
table.
Areas of Practice
Antitrust, Arbitration and Alternative Dispute Resolution, Commercial
Litigation, Consumer Fraud, Corporate Governance and Shareholder
Rights, Derivatives and Specialty Investment Products, Distressed Debt
and Bankruptcy, ERISA Fraud, Employment Discrimination and Civil Rights,
False Claims - Qui Tam/SEC Whistleblower Representation, Patent and
Intellectual Property Litigation, Securities Fraud, Subprime Litigation.
Other Offices:
San Diego, CA; Chicago, IL, New Orleans, LA
THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS 135
NEW YORK
ROBIN L COHEN
KASOWITZ BENSON TORRES & FRIEDMAN LLP
1633 Broadway
New York, NY 10019
Tel: (212) 506-1770
Fax: (212) 506-1800
Email: rcohen@kasowitz.com
Website: www.kasowitz.com
1633 Broadway Robin Cohen heads the Insurance Recovery group of Kasowitz Benson
New York, New York 10019 Torres & Friedman LLP. Ms. Cohen is one of the nation’s preeminent
Tel: (212) 506-1700 insurance litigators, focusing her practice on representing insureds in
Fax: (212) 506-1800 complex insurance coverage matters. She handles many of the most
Web: www.kasowitz.com significant and cutting-edge insurance coverage cases and has
represented clients as lead counsel in courts throughout the country,
Managing Partner: Marc E Kasowitz including New York, New Jersey, Delaware, Illinois, California, West Virginia,
Oregon, Maryland, and North Carolina.
Kasowitz Benson Torres & Friedman LLP is one of the largest litigation firms
in the country. The firm’s highly talented lawyers are committed to pursuing Ms. Cohen has been recognized in numerous publications, including The
creative, aggressive and innovative approaches to their clients’ most National Law Journal as one of the 50 Most Influential Women Lawyers in
challenging legal matters. The firm’s clients include leading companies in the America, Lawdragon 500 (“a top-flight advocate for insurance clients”),
manufacturing, chemical, computer, energy, entertainment, consumer 2011 Chambers USA: America’s Leading Lawyers for Business (Robin is
products, pharmaceutical and telecommunications industries, as well as “spectacular and confidence-inspiring”), 2010 Chambers USA: America’s
major hedge funds, private equity firms, commercial banks, regulated utilities Leading Lawyers for Business (Robin is “an outstanding oral advocate and
and individuals. strategic thinker” and “tough, direct and a pleasure to deal with”), 2009
Chambers USA: America’s Leading Lawyers for Business (Robin “is
Kasowitz’s litigators represent clients in high-stakes and often precedent- always thinking three to five steps ahead on each issue”) and 2008
setting lawsuits, including class actions and multi-district cases. The firm’s Chambers USA: America’s Leading Lawyers for Business (Robin “is
practice encompasses all aspects of litigation, including antitrust, banking, always strategic and very thorough in her approach - she is someone you
complex financial products, creditors' rights and bankruptcy, employment can trust for the truly large matters”).
practices, environmental, family law, general corporate and commercial,
insurance recovery, intellectual property, international arbitration, mass tort Notable Representations:
and product liability, real estate, securities and white-collar criminal defense • ABT Building Products as lead counsel in a case against the insurance
litigation. The firm’s approach to litigation is decidedly aggressive, and industry which obtained one of the largest jury verdicts ever in the
strives to achieve the most favorable results for its clients by focusing from North Carolina United States District Court.
the beginning of each case on preparation for trial. • GAF Corporation as lead trial counsel on numerous bad faith and
breach of contract actions against GAF liability carriers.
With more than 350 lawyers in New York, Houston, Atlanta, San Francisco, • Visa as lead counsel in all of its coverage matters.
Miami and Newark and Silicon Valley (expected 2011), Kasowitz • Pella Corporation and Pella Windows and Doors in their insurance
represents clients in trial and appellate courts at the federal and state level, coverage action seeking coverage for damages resulting from various
before administrative tribunals, in arbitrations and mediations, and in class-action suits.
proceedings involving governmental agencies, such as the Securities and • Philips Electronics North America and its subsidiaries in numerous
Exchange Commission, the US Department of Justice, the Financial insurance coverage actions around the country, involving hundreds of
Industry Regulatory Authority, the Federal Trade Commission and the US millions of dollars in insurance coverage.
Patent and Trademark Office. • Philips Lighting in its lawsuit against several insurance carriers in West
Virginia concerning insurance coverage for approximately 4,000 toxic
Notable Recent Representations:
tort claims.
• MBIA, in actions brought by the world’s largest financial institutions in
which they seek to set aside MBIA’s transformation of its structured Recognition:
finance insurance business. • The National Law Journal, one of the 50 Most Influential Women
• Hilton Worldwide, in a civil action brought by Starwood Hotels and in a Lawyers in America.
related federal grand jury investigation, arising from alleged • Named in the 2006—2011 editions of Chambers USA: America’s
misappropriation of trade secret materials. Leading Lawyers for Business as a leader in the area of Insurance:
• Metropolitan Life Insurance and Lloyds TSB Bank, in their actions Dispute Resolution: Policyholder (New York), and in the 2009 – 2011
against Credit Suisse, relating to their losses on financial instruments editions in the area of Insurance: Dispute Resolution: Policyholder
issued by National Century Financial Enterprises. (National).
• Comcast, in the defense of three class actions alleging antitrust
violations as a result of ‘clustering’ in cable markets. Education:
• Fairfax Financial, a Canadian insurance giant, in a lawsuit which seeks • JD, University of Pennsylvania Law School
$6 billion in damages against hedge funds which allegedly • BA, University of Pennsylvania, magna cum laude
manipulated Fairfax’s stock through the use of manufactured analyst
reports and other deceptive practices. Admissions:
• Adelphia Recovery Trust, in actions against numerous commercial • New York
banks and investment banks, alleging that such institutions aided • Pennsylvania
Adelphia’s management in looting billions of dollars from the company. • New Jersey
• Bayerische Hypo-Und Vereinsbank (“HVB”), the second-largest private • US District Court, Eastern District of Pennsylvania
German financial institution, in defense of individual and class actions • US District Court, Southern District of New York
alleging fraud and RICO claims stemming from certain tax shelter • US Courts of Appeals, for the Second, Fourth, Eighth and Tenth
transactions. Circuits
136
NEW YORK
MARC E KASOWITZ RANDY PAAR
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP KASOWITZ BENSON TORRES & FRIEDMAN LLP
1633 Broadway 1633 Broadway
New York, NY 10019 New York, NY 10019
Tel: (212) 506-1710 Tel: (212) 506-3324
Fax: (212) 506-1800 Fax: (212) 506-1800
Email: mkasowitz@kasowitz.com Email: rpaar@kasowitz.com
Website: www.kasowitz.com Website: www.kasowitz.com
Described by CNBC’s Charlie Gasparino as the “toughest lawyer on Wall Recognized by Chambers USA in its 2008—2011 guides as a leader in the
Street,” and by Bloomberg Financial News as “uberlitigator,” Marc Kasowitz area of insurance coverage for New York, Ms. Paar’s practice focuses on
is widely regarded as one of the nation’s preeminent business litigators and insurance coverage and related matters in federal and state courts
trial lawyers. He has been featured by The American Lawyer as a “Litigator throughout the country and on counseling clients nationwide. Ms. Paar
in the Spotlight,” as well as in the cover story, “Fast Rise to the Top.” represents policyholders in multiparty insurance coverage cases involving
Mr. Kasowitz was also profiled by Law360 as one of the country’s most asbestos, product liability, class actions, and environmental property
innovative managing partners. He has been recognized in several damage, often in conjunction with the resolution of the underlying liability
publications as one of the nation’s leading litigators and trial lawyers, claims. Ms. Paar has represented clients in insurance coverage litigation
including in Chambers USA (“formidable litigator and dynamic presence”) involving directors and officers, errors and omissions, fidelity, and first-party
and Lawdragon 500 (“the cream of the crop”). Opponents acknowledge property policies. Ms. Paar also has a diverse general litigation background,
Mr. Kasowitz as a “powerhouse” and “the toughest of the tough guys,” and representing both private corporations and public entities in complex
a foreign publication referred to him as “one of the most prominent and commercial disputes.
feared lawyers in the United States.”
Chambers reported that Ms. Paar is “an excellent advocate who brings a
Mr. Kasowitz has an extensive background as national trial counsel in wealth of experience and knowledge to her role,” that “juries love her,” “her
complex litigation in the areas of bank finance, leveraged-buyouts, courtroom presentation skills are superb” and “not only does she have an
fraudulent conveyance, RICO, corporate governance, trade secret excellent grasp of the law, she’s willing to listen to other people.” Similarly,
misappropriation, antitrust, securities, mass tort, breach of contract and Ms. Paar repeatedly has been recognized as a New York Super Lawyer
other commercial cases. Mr. Kasowitz has also conducted numerous and one of The Best Lawyers in America, and was recognized in The Legal
internal investigations on behalf of boards of directors, management and 500. Ms. Paar was also recognized as one of the ten leading litigators in
special committees regarding alleged corporate misfeasance, conflicts of the country practicing in the area of insurance recovery by Insurance
interest, challenges to board authority, insider trading, accounting fraud, Law360.
market timing, obstruction of justice, market manipulation, and other issues
Notable Representations:
relating to director and officer fiduciary responsibilities and liabilities.
• Appleton Papers in its action against its comprehensive liability
Notable Representations: insurance companies for coverage for environmental liabilities arising
• MBIA, the world’s largest bond insurer, and its bond insurer from contamination of the Fox River in Wisconsin.
subsidiaries, MBIA Insurance Corporation and National Public Finance • Policyholder in Sullivan v. GPH Partners, LLC. At the time Randy was
Guarantee Corporation, in an ongoing multibillion-dollar fraudulent hired to represent the policyholder in the summer of 2007, the
conveyance action and Article 78 proceeding in New York State court underlying claim was significantly reduced, and the insurers agreed to
brought by 19 of the world’s largest financial institutions. pay the entire amount of the reduced claim.
• Apollo Management and its portfolio company, Hexion Specialty • Several large policyholders in connection with their recovery of Katrina-
Chemicals, in litigation arising from Hexion’s proposed $15 billion related losses.
merger with Huntsman Chemicals. • Outside directors of WorldCom in Bert C. Roberts, Jr. v. Associated
• Fairfax Financial Holdings Limited, a Canadian insurance holding Electric & Gas Insurance Services Limited, et al., involving D&O
company, in a New Jersey action arising out of a short-selling attack on insurance.
Fairfax and its operating subsidiaries by a group of hedge funds and • The Port Authority of New York and New Jersey in connection with its
their operatives in collusion with certain purportedly independent insurance coverage claims relating to alleged liabilities arising out of
securities analysts. the terrorists attacks on February 26, 1993 and September 11, 2001.
• Source Interlink Distribution and Source Interlink Companies in their In 2007, the court awarded The Port Authority more than $1 million
antitrust suit alleging that leading magazine publishers and their sanctions against opposing counsel, setting an important precedent on
distributors conspired to force Source out of the wholesale single- the ethical obligations of counsel.
issue magazine market.
Recognition:
Recognition: • Chambers USA: America’s Leading Lawyers for Business
• Chambers USA: America’s Leading Lawyers for Business • The Legal 500
• The Legal 500 • New York Super Lawyers
• Lawdragon: 500 Leading Lawyers in America • The Best Lawyers in America
• New York Super Lawyers • Insurance Law360, recognized as one of ten leading litigators in the
• Law360, Most Innovative Managing Partner country practicing in insurance recovery
Education: Education:
• JD, Cornell Law School • JD, New York University School of Law
• BA, Yale University, cum laude • BA, Harvard College, cum laude
Admissions: Admissions:
• New York • New York
• US District Court, Eastern District of New York • US District Court, Eastern District of New York
• US District Court, Southern District of New York • US District Court, Southern District of New York
• US Courts of Appeals, for the Second and Third Circuits • US Supreme Court
• US District Court, District of Colorado • US Courts of Appeals, for the Second, Third and Ninth Circuits
THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS 137
NEW YORK
RICHARD L DELUCIA
KENYON & KENYON
One Broadway
New York, NY 10004-1007
Tel: (212) 908-6217
Fax: (212) 425-5288
Email: rdelucia@kenyon.com
Richard L DeLucia is part of an elite class of patent lawyers that has served
New York office:
as chief trial counsel in over 100 cases. “He is a ‘confident and strategic’
One Broadway
player who ‘simply wins a lot’,” wrote Chambers USA in response to his
New York, NY 10004-1007
victories for Boston Scientific, Sony, GE Healthcare, Teva Pharmaceuticals
Tel: (212) 425-7200
USA, Heidelberg Harris, RJR Nabisco, Fisher-Price/Mattel, and Sloan-
Fax: (212) 425-5288
Kettering, amongst others.
Web: www.kenyon.com
His knowledge of patent law and his understanding of jury psychology fuel
Managing Partner: Michael D Loughnane
his reputation for success, and his ability to evaluate risk, craft large-scale
Kenyon & Kenyon LLP is an intellectual property law firm. The firm focuses strategy, and artfully advocate make him a formidable litigator. In addition to
exclusively on anticipating its clients’ IP needs and providing solutions that providing trial talent, he collaborates with clients to assess prospects for
support their business objectives. efficient disposition and settlement. “[T]here is no doubting Richard
DeLucia’s effectiveness in battle,” wrote Chambers Global of his courtroom
Intellectual Property Litigation style.
Kenyon has a demonstrated record of achieving successful results in high-
stakes patent, trademark, copyright, trade secret and unfair competition That style and effectiveness helped Mr. DeLucia persuade a jury that
disputes. Denoted by Chambers USA as a “venerable IP boutique” with Johnson & Johnson infringed Boston Scientific’s patent on the drug-eluting
the “depth to take on large-scale litigation,” the firm is trusted litigation cardiac stent. “Richard DeLucia’s contemporaries applaud his persistent
counsel to plaintiffs and defendants alike. The ability of Kenyon’s attorneys and tenacious approach to patent litigation,” wrote Who’s Who Legal – The
to help clients accomplish their objectives in bet-the-company cases International Who’s Who of Business Lawyers, in the patents category,
arising before the United States federal and state courts has earned them recognizing him as one of New York’s finest.
a reputation as formidable adversaries with an aptitude for leading trial
After securing infringement damages valued at approximately $900 million
teams to victory. This reputation carries over into the Firm’s representation
for Heidelberg Harris against Mitsubishi Heavy Industries in a patent trial,
of clients before the International Trade Commission and in contested
Who’s Who Legal noted “Richard DeLucia is an ‘excellent litigator’ with a
administrative proceedings before the Patent Office Board of Patent
long list of successes, including his recent jury verdict over Mitsubishi
Appeals and Interferences and the Trademark Trial and Appeal Board.
Heavy Industries relating to printing-press technology.”
Kenyon’s record of winning substantial jury and bench verdicts has earned
the firm the loyalty of some of the world’s leading companies. Whether he is advocating for Sony’s V-chip technology, or recombinant
human growth hormone for Savient Pharmaceuticals and Teva
Kenyon lawyers have the scientific and technical knowledge to take on any
Pharmaceuticals USA, Mr. DeLucia brings a unique depth of experience,
IP case, assess the scope of the claims, and analyze determinative factors,
from the perspective of a plaintiff and a defendant, to licensing, validity,
such as prior art. In addition, they are familiar with the local rules and juror
enforceability, and infringement of patents, trademarks and copyrights.
proclivities of jurisdictions known as hotbeds of intellectual property
litigation. Kenyon has been litigating in many of these jurisdictions for as A frequent speaker and former president of the New York Intellectual
long as parties have been disputing intellectual property rights in them. Property Law Association, he has been featured in IP Law & Business,
Knowing how similarly situated litigants have fared, Kenyon attorneys are and highlighted in New York Super Lawyers for intellectual property
able to inform clients about the directions their cases may take. This litigation, and in New York Area’s Best Lawyers as a top IP lawyer. He has
knowledge helps them craft litigation strategies that are specific to the also been listed as a patent law expert in Managing Intellectual Property
venue and designed to help clients reach their goals within timeline and and Euromoney Legal Media Group’s Guide to the World’s Leading Patent
budget constraints. Law Experts.
The firm has also successfully argued dozens of Federal Circuit appeals, Mr. DeLucia is admitted in New York and Virginia and is a registered patent
garnishing what many consider to be the best record of any firm in the attorney with the USPTO.
United States before that tribunal. As a testament to its abilities, multi-
defendant groups frequently hire the firm as trial counsel when the amounts
in controversy and demands are too high for settlement to be an option.
Kenyon’s reputation as a top-notch IP litigation firm affords it leverage
against opposing counsel, many of whom would prefer to negotiate a
settlement rather than face the firm’s lawyers in the courtroom. As a result,
the firm has been known to negotiate early settlement agreements that
resolve their clients’ cases for fractional amounts of the damages claimed.
Kenyon’s lawyers also have extensive experience with alternative dispute
resolution procedures including arbitration, mediation, and mini-trial
proceedings. In addition, many partners have served as arbitrators and
mediators, affording Kenyon a view from “behind the bench,” which enables
the firm to advise its clients when alternative dispute resolution should be
considered.
Other offices: Washington, DC and Silicon Valley
THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS 139
NEW YORK
JOHN FLOCK STEVEN J LEE, PH.D.
KENYON & KENYON KENYON & KENYON
One Broadway One Broadway
New York, NY 10004-1007 New York, NY 10004-1007
Tel: (212) 908-6490 Tel: (212) 908-6305
Fax: (212) 425-5288 Fax: (212) 425-5288
Email: jflock@kenyon.com Email: slee@kenyon.com
John Flock is a high-stakes patent litigator whose experience has Dr. Steven J. Lee, co-chair of Kenyon’s Chemical/Life Sciences practice
generated professional achievement awards and repeated American Law group, has twenty-five years of experience representing companies in
Journal “Top Jury Verdict” recognition. He combines more than 20 years’ intellectual property matters. As an experienced chemist, Dr. Lee is adept
patent litigation experience with 9 years of service as a former New York at advising companies in the pharmaceutical, biotechnology, chemical and
City Assistant District Attorney to litigate intense legal battles arising in the bioinformatics industries on all areas of patents, including litigation,
most popular forums for patent litigation, including the ITC and district interferences, counseling, and prosecution.
court.
Dr. Lee is recognized by several legal referral guides as being one of the
Mr. Flock’s effectiveness in client advocacy is anchored by his technical leading life sciences attorneys in the world. Legal 500 describes him as
education and expertise and the trial techniques that he teaches to peers in possessing “extensive knowledge of patent litigation in the life sciences
litigation skills training courses. He is particularly effective in representing sector.” Likewise, Chambers Global quotes his clients as reporting that
technology and electronics companies because he holds an undergraduate Dr. Lee is “extremely perceptive” with a “high level of technical expertise.”
degree in physics and possess computer technology expertise resulting He is also named one of New York’s Best Lawyers in the patent field. In
from experience designing and implementing computer programs, addition, Dr. Lee is recognized as one of the world’s leading patent
supervising computer programming staff, and serving as court-appointed litigators by IAM Patent Litigation 250, specifically for his work in the life
receiver for a software company. As a result of his expertise in trials and sciences field where he is known as a “solid performer in generic drug
technology, Mr. Flock was recently chosen as the lead outside lawyer for litigation.”
Sony Corporation against LG Electronics on five high-profile US litigations
(including two ITC cases) and advises on Sony’s litigation strategy in five Dr. Lee brings his technical acuity to bear in a wide range of client matters.
European and Asian countries. His patent litigation experience literally extends to products ranging from
A to Z: generic versions of Allegra, Augmentin, Claritin, Gemzar, Hytrin,
Recognized as a leading patent lawyer by Legal 500, Mr. Flock is also a Neurontin, Oxycontin, Paxil, Procardia, Relafen, Sarafem, Seldane, Ticlid,
frequent writer and speaker on intellectual property issues. Beside his Zantac and Zithromax; brand name pharmaceuticals including Duracef,
work with professional organizations, he has authored a chapter on winning Kadian, Lovenox, Ortho-Cyclen and Xalatan; as well as monoclonal
strategies for IP litigation for a Thompson/Charles River Media book, is antibodies for septic shock and against stem cells. Equally adept at
writing on global IP litigation strategies for a West book and, unique among representing clients whose innovations involve patents on bioinformatics
patent litigators, has been interviewed twice on Entertainment Tonight. and alternative methods for drug delivery, Dr. Lee has litigated cases
involving DNA synthesis machines and transdermal drug delivery systems.
Mr. Flock is a member of Kenyon’s Executive Committee and is co-chair of
the firm’s Electrical/Mechanical/Computer Practice Group. He is admitted Dr. Lee’s experience gained while practicing chemistry for eleven years and
in New York and is a registered patent attorney with the USPTO. teaching as an associate professor of Chemistry at Fordham University has
enabled him to develop sophisticated litigation strategies for clients
engaged in chemical related litigations involving coatings for aluminum
cans, paints for automobiles, and striped toothpaste. Dr. Lee also
prosecutes patent applications in the chemical and life sciences areas,
counsels inventors and patent owners on the scope and validity of their
intellectual properties, and advises clients introducing new products and
services as to any potential for infringement of the patent rights of others.
Dr. Lee has spoken and written widely, including the chapter on generic
drug litigation in the ABA's "Patent Litigation Strategies Handbook.” He is
admitted in New York and New Jersey and is a registered patent attorney
with the USPTO.
140
NEW YORK
MICHELLE MANCINO MARSH JOEL H BERNSTEIN
KENYON & KENYON LABATON SUCHAROW
One Broadway 140 Broadway
New York, NY 10004-1007 New York, NY 10005
Tel: (212) 908-6180 Tel: (212) 907-0869
Fax: (212) 425-5288 Fax: (212) 883--7069
Email: mmarsh@kenyon.com Email: jbernstein@labaton.com
Web: www.labaton.com
Michelle Mancino Marsh, as an intellectual property lawyer, has built an With more than 30 years’ experience in the area of complex litigation, Joel
impressive track-record practicing in the areas of trademark and copyright H Bernstein specializes in the protection of investors who have been
law, unfair competition, anti-counterfeiting/anti-piracy, internet law, fashion victimized by securities fraud and breach of fiduciary duty. His expertise in
law, design patent, trade secrets and mask work protection. Named to the area of shareholder litigation has resulted in the recovery of more than
ALM’s IP Law and Business magazine’s Top 50 IP Attorneys Under 45 $1 billion in damages to wronged investors.
list, she is distinguished not only by the victories she has achieved for her
A seasoned trial lawyer, on behalf of large public pension funds, hedge
clients but also for the wider influence and interest her cases have
funds and other institutional investors, Mr. Bernstein regularly appears in
generated.
federal and state courts across the nation, and has extensive experience in
Ms. Marsh represents clients in state and federal court and in the United arbitration proceedings before the New York Stock Exchange, FINRA and
States Patent and Trademark Office, where she has argued for the other self-regulatory organizations.
registration of the first ever taste trademark for a well-known
A leading figure in his area of practice, Mr. Bernstein is frequently sought
pharmaceutical company. She has argued and won numerous federal and
out by the press to comment on securities law, and also has authored
state court appeals, including the Second Circuit's seminal famous marks
numerous articles on related issues, as well as the book, Stand up to Your
case of ITC Ltd v. Punchgini, Inc., 373 F.Supp.2d 275, 286 (S.D.N.Y.
Stockbroker: Your Rights as an Investor, published by Consumer Reports.
2007). Most recently in 2011, Ms. Marsh won summary judgment on
liability for breach of contract and an injunction in favor of client Jim Beam
On May 13, 2010, Mr. Bernstein was named Litigator of the Week, by
Brands, the maker of OLD CROW straight bourbon whiskey, against the
American Lawyer’s Litigation Daily.
maker of Jose Cuervo tequila for Cuervo's improper use of a crow design
on tequila products, web sites and in other advertising materials in violation Work Highlights
of a settlement agreement. The decision represents an important victory • $624 million settlement in In re Countrywide Corporation Securities
for all brand owners who routinely use settlement agreements to resolve Litigation. This recovery is one of the largest securities fraud
trademark disputes. Additionally, she argued and won the appeal affirming settlements in US history.
the judgment on liability. Ms. Marsh has also successfully obtained • $200 million settlement in Paine Webber Incorporated Limited
preliminary injunctions and ex parte seizure orders on behalf of her clients, Partnerships Litigation.
and works closely with United States Customs and Border Protection and • $130 million settlement in In re Prudential Securities Incorporated
law enforcement in coordinated anti-counterfeiting efforts. Limited Partnerships Litigation.
• $117.5 million settlement in In re Mercury Interactive Securities
Ms. Marsh represents clients in a variety of industries, including consumer
Litigation, one of the largest settlements in a securities fraud litigation
goods and services, apparel, footwear and accessories, computer software
based upon options backdating.
and hardware, financial and insurance services, pharmaceutical and bio-
• $92 million recovery in Shea v. New York Life Insurance Company.
medical products, agricultural products, media and entertainment,
• $91 million settlement in In re Prudential Bache Energy Income
including, interactive entertainment. Complementing her litigation work, her
Partnerships Securities Litigation.
practice also includes counseling and opinions, devising cost-effective
brand protection programs, negotiating licenses, IP acquisitions and co- Education
branding agreements on behalf of clients. With particular expertise in the • JD, Brooklyn Law School, 1975
fashion and footwear industry, Ms. Marsh represents some of the best • BA, Queens College, 1971
known brands and players in the industry in all aspects of intellectual
property protection and defense.
In 2011, The New York Enterprise Report selected Ms. Marsh as "Attorney
of the Year" in the Technology category for its Best Accountants and
Attorneys for Growing Business awards. New York Super Lawyers has
also recognized her as an IP litigation “Rising Star.” She has presented
numerous speeches to industry professionals on a wide variety of topics,
including Famous Marks Protection in the U.S., Avoiding Litigation in the
Footwear Industry , Legal Trends in Social Media, and Non-Traditional
Trademark Protection.
She is admitted in New York and New Jersey.
THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS 141
NEW YORK
Labaton Sucharow
Headquarters M&A and Derivative Actions:
140 Broadway In response to a highly acquisitive corporate climate, we are increasingly
New York, NY 10005 active in complex transactional litigation, particularly with respect to
Tel: (212) 907-0860 proposed mergers and acquisitions that run contrary to shareholders’
Fax: (212) 818-0477 interests. With an established office in Delaware, a tremendous foundation
in corporate and securities law and seasoned trial expertise, we are uniquely
Delaware Office: able to take swift and powerful steps to foreclose the efforts of executives
300 Delaware Avenue, Suite 1225 and boards of directors that seek to squeeze shareholders in order to close
Wilmington, DE 19801 a ‘sweet deal.’ In NYSE Euronext shareholders litigation, we successfully
Tel: (302) 573 2540 opposed a merger that ran contrary to our clients’ interests and, following
Fax: (302) 573-2529 aggressive litigation, secured a special dividend of nearly $1 billion, one of
Web: www.labaton.com the largest benefits secured in a transactional case to date.
Firm Overview: We also defend shareholders in instances where company leadership crafts
In our 50 year history, Labaton Sucharow has established a position as one egregious executive compensation structures and engages in related party
of the nation’s leading law firms, advocating on behalf of plaintiffs in transactions, or other business practices that violate fiduciary duties.
complex securities, antitrust and transactional litigation. Whether in the
courtroom or the boardroom, Wall Street to Main Street, we are tenacious Antitrust:
advocates for our clients, combining superb legal skill with a simple desire Our nationally-recognized antitrust practice represents parties injured by
to do the right thing. price-fixing, monopolization and other anticompetitive conduct.
Underscoring the strength of our practice, we are regularly appointed by the
As misconduct in the commercial marketplace has evolved, so has our courts to prosecute high-profile antitrust class actions.
practice. In the area of securities fraud, we have won landmark decisions
and significant monetary recoveries for our clients. In the past year alone, In 2010, we recovered hundreds of millions of dollars in actions filed around
we secured nearly $2 billion in settlements in some of the largest securities the country, including in the air cargo shipping services litigation, one of the
class actions in history. As anticompetitive conduct has become more year’s largest antitrust recoveries. In addition to winning major financial
global, we have become equally active in pursuing antitrust claims on behalf recoveries, we have a long and rich reputation for breaking legal ground.
of domestic and international clients. The firm has also led the industry in Last year alone, we filed the first US antitrust actions in such markets as
developing practice groups devoted to merger and acquisition-related marine products, food service and silver futures. And, notably, the firm’s
litigation and whistleblower claims brought under the Dodd-Frank Wall early pioneering work in the pharmaceutical industry was instrumental in
Street Reform and Consumer Protection Act. combating the rising costs of pharmaceuticals.
Equally important to the substantial financial judgments we secure, is that we Whistleblower Representation:
tirelessly pursue meaningful and lasting change in the marketplace. Many of Last year, through its passage of the Dodd-Frank Wall Street Reform and
our cases have involved aggressive corporate governance reforms that have Consumer Protection Act, Congress added a powerful weapon to the
changed the way companies – and even industries – operate. We also work investor protection arsenal in the form of enhanced protections and financial
to protect investor rights at the regulatory, legislative and policy levels. incentives for whistleblowers who report securities violations to the
Securities and Exchange Commission (SEC). In 2011, we launched a
We combine the talents of more than 60 attorneys with decades of whistleblower practice, led by a former senior SEC enforcement attorney
experience litigating matters in state and federal courts across the country. who played a key role in the drafting and implementation of the actual
Our team is further distinguished by sophisticated financial analysts, e- guidelines. Already, we are actively representing numerous whistleblowers
discovery specialists, investigators and forensic accountants with notable in their reporting efforts; a practice that will have a historic impact in
federal and state law enforcement experience. This deep bench ensures prosecuting and deterring misconduct.
that we initiate strong cases and enhance our technical skills with every
available resource. From offices in New York City and Delaware, our entire Firm Recognition:
team supports the firm’s founding principle: Bring integrity to our work, and With our work regularly lauded by both bench and bar, we are equally proud
use our work to bring integrity to the market. of our standing in prestigious legal rankings and surveys. For many years,
the firm has been named to The Legal 500 and The National Law Journal’s
Plaintiff’s Hot List. Further, Labaton Sucharow was one of only three firms to
Practice Group Overview be awarded a top ranking in Chambers & Partners Plaintiffs Securities
Litigation category in 2010. While many of our attorneys have been
Securities Litigation:
individually recognized by countless organizations, from firm chairman
Labaton Sucharow has been privileged to lead the securities class action
Lawrence Sucharow’s recent selection as one of Law360’s Most Admired
bar in the fight against corporate fraud. On behalf of major public pension
Attorneys in the nation, to Benchmark Litigation’s selection of five partners
funds and other institutional investors, we have taken on – and defeated –
as Litigation Stars, it is truly for the sum of our parts that Labaton Sucharow
some of the most notorious architects of the recent credit crisis. Against
is held in high regard for its integrity and quality of its practice.
AIG and Countrywide, we secured combined settlements in excess of $1.6
billion. We continue to litigate cases against other major participants in the
economic downturn, including Goldman Sachs, Bear Stearns, Fannie Mae
and Morgan Stanley.
142
NEW YORK
THOMAS A DUBBS HOLLIS L SALZMAN
LABATON SUCHAROW LABATON SUCHAROW
140 Broadway 140 Broadway
New York, NY 10005 New York, NY 10005
Tel: (212) 907-0871 Tel: (212) 907-0717
Fax: (212) 883-7071 Fax: (212) 883-7017
Email: tdubbs@labaton.com Email: hsalzman@labaton.com
Web: www.labaton.com Web: www.labaton.com
Thomas A Dubbs specializes in the representation of major institutional A recognized leader in the antitrust class action bar, Hollis L Salzman
investors in securities fraud and other complex litigation. A recognized concentrates her practice in complex litigation on behalf of businesses that
leader in the field, Mr. Dubbs represented the first major private institutional have been injured by price-fixing, monopolization and other anticompetitive
investor to become a lead plaintiff in a class action under the Private conduct. She serves as managing chair of the firm's antitrust practice
Securities Litigation Reform Act. group. Under her leadership, Labaton Sucharow has established itself as a
top antitrust class action firm, having secured more than $1.5 billion in
A thought leader in the class action bar, Mr. Dubbs is a prolific writer on major antitrust cases.
issues relating to shareholders’ rights. He is the author of Shortsighted?,
Investment Dealers’ Digest, May 29, 2009; A Scotch Verdict on A regular commentator on cutting-edge issues in her area of practice, Ms.
‘Circularity’ and Other Issues, 2009 Wis. L. Rev. 455 n.2 (2009); and Salzman has authored: Denying Class Certification One Motion at a Time,
several columns in UK-wide pensions publications focusing on securities New York Law Journal, August 15, 2011; NFL: Single Entity or Sherman
class actions and corporate governance. He also is the co-author of the Act Violator?, New York Law Journal, March 8, 2010; Iqbal And The
following articles: In Debt Crisis, An Arbitration Alternative, The National Twombly Pleading Standard, CompLaw360, June 15, 2009; Analysis of
Law Journal, March 16, 2009; The Impact of the LaPerriere Decision: Abbott Laboratories Antitrust Litigation, Pharmaceutical Law & Industry
Parent Companies Face Liability, Directors Monthly, February 1, 2009; Report, June 20, 2008; and The State of State Antitrust Enforcement,
Auditor Liability in the Wake of the Subprime Meltdown, BNA’s NYSBA NYLitigator, Winter 2003, Vol. 8, No. 1. She is also a frequent
Accounting Policy & Practice Report, November 14, 2009; and US Focus: speaker at conferences on the subjects of antitrust law and class actions.
Time for Action, Legal Week, April 17, 2008. In addition, he frequently
Ms. Salzman is chair of the New York State Bar Association's class action
lectures to institutional investors and other groups such as the Government
section - antitrust committee, and co-chair of its commercial & federal
Finance Officers Association, the National Conference on Public Employee
litigation section - antitrust committee. She is also a member of the
Retirement Systems and the Council of Institutional Investors.
American Bar Association section of antitrust law's civil redress task force,
Work Highlights: the Association of the Bar of the City of New York antitrust committee, the
• In re American International Group, Inc. Securities Litigation, subject Women's Antitrust Bar Association and the National Association of Women
to court approval, recovery of more than $1 billion, the largest Lawyers.
securities settlement of 2010.
Further recognizing her leadership in the field, The Legal 500 recognized
• In re HealthSouth Securities Litigation, $804.5 million settlement.
Ms. Salzman on its list of recommended lawyers in the Antitrust Class
• Eastwood Enterprises, LLC v. Farha et al. (“Wellcare”), $200 million,
Action field.
the fifth largest securities settlement of 2010.
• In re Bristol-Myers Squibb Securities Litigation, $185 million.
With a longstanding and active commitment to public service, Ms. Salzman
• In re Broadcom Corp. Securities Litigation, $160.5 million.
provides pro bono representation to indigent and working-poor women in
• In re Vesta Insurance Group, Inc. Securities Litigation, $79 million.
matrimonial and family law matters.
• In re St. Paul Travelers II Securities Litigation, $77 million.
Work Highlights
Honors:
• In re Air Cargo Shipping Services Antitrust Litigation, $430 million in
• Ranked Band 1, the highest available ranking, in Chambers USA:
partial settlements.
America’s Leading Lawyers for Business.
• In re Marine Hose Antitrust Litigation, $31.7 million in settlements from
• Selected as one of six ‘Leading Lawyers’ in plaintiff representation –
certain defendants.
securities, by The Legal 500 (United States).
• In re Puerto Rican Cabotage Antitrust Litigation, $52 million in
• Named to Lawdragon’s 500 Leading Lawyers in America.
settlements from defendants.
• In re Abbott Labs Norvir Antitrust Litigation , a novel settlement,
Education:
Abbott will make $10 million available to non-profit organizations
• JD, University of Wisconsin-Madison, 1974.
serving individuals with HIV.
• MA, Fletcher School of Law and Diplomacy, Tufts University, 1971.
• In re Lorazepam & Clorazepate Antitrust Litigation, $135.4 million
• BA, University of Wisconsin-Madison, 1969.
settlement.
• In re Buspirone Antitrust Litigation, $90 million settlement.
• Principally responsible for administering a $65 million settlement with
certain brand-name prescription drug manufacturers where their
conduct allegedly caused retail pharmacy customers to overpay for
their prescription drugs.
Education
• JD, dean’s list, Nova University School of Law, 1992
• BA, economics, Boston University, 1987
THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS 143
NEW YORK
LAWRENCE A SUCHAROW
LABATON SUCHAROW
140 Broadway
New York, NY 10005
Tel: (212) 907-0860
Fax: (212) 883-7060
Email: lsucharow@labaton.com
Web: www.labaton.com
Lawrence A Sucharow is an internationally recognized trial lawyer and a
leader of the securities class action bar. Under his leadership, the firm has
established its position as one of the top class action boutiques in the
world. As chairman of the firm, Mr. Sucharow focuses on developing
creative strategies to advance and protect clients’ interests.
Over the course of his career, Mr. Sucharow has successfully recovered
more than $1 billion in groundbreaking securities, antitrust, business
transaction and other class actions. In fact, a landmark case, In re Real
Estate Associates Limited Partnership Litigation, was the very first
securities action successfully tried to a jury verdict following the enactment
of the Private Securities Litigation Reform Act (PSLRA).
In addition to his active practice, Mr. Sucharow maintains a robust
commitment to the bar. He currently serves as a trustee of the Federal Bar
Council’s Foundation and as a member of its committee on Second Circuit
courts. He is also a member of the federal courts committee of the New
York County Lawyers' Association; the securities law committee of the New
Jersey State Bar Association; and was the founding chairman of the class
action committee of the commercial and federal litigation section of the
New York State Bar Association, a position he held from 1988-1994.
Work Highlights
• $225 million in savings for the class of In re CNL Resorts, Inc.
Securities Litigation.
• $200 million recovery in In re Paine Webber Incorporated Limited
Partnerships Litigation.
• $110 million partial settlement in In re Prudential Securities
Incorporated Limited Partnerships Litigation.
• $91 million in In re Prudential Bache Energy Income Partnerships
Securities Litigation.
• More than $92 million in Shea v. New York Life Insurance Company.
• $182 million jury verdict following a six-week trial. In re Real Estate
Associates Limited Partnership Litigation was the very first securities
action successfully tried to a jury verdict following the enactment of the
Private Securities Litigation Reform Act (PSLRA).
Honors
• Two-year term as president of the National Association of Shareholder
and Consumer Attorneys, a membership organization of approximately
100 law firms which practice complex civil litigation including class
actions.
• Consistently ranked Band 1, the highest ranking, by Chambers USA:
America’s Leading Lawyers for Business.
• Selected as one of six Leading Lawyers in plaintiff representation –
securities, by The Legal 500 (United States).
• Recognized by Law360 as one of the Ten Most Admired Securities
Attorneys in the United States.
Education
• JD, cum laude, Brooklyn Law School, 1975
• BBA, cum laude, Baruch School of the City College of the City
University of New York
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Tel: (212) 336-2710
Fax: (212) 336-2222
Firm Managing Partner and Co-Chair: Firm Co-Chair:
Robert P LoBue William F Cavanaugh, Jr.
Combining our national recognition in trial work involving advertising, Our attorneys have pioneered the law of false advertising, having
patents, copyrights, trademarks, products liability and media law with the represented consumer products companies in many of the false advertising
experience of litigators who have successfully argued numerous landmark cases decided by the US Court of Appeals for the Second Circuit in the
appeals, Patterson Belknap's appellate group makes a difference to past two decades. We have argued many important false advertising
corporations nationwide. Clients work not only with appellate practitioners appeals, including a landmark case for a major pharmaceutical company
having a track record of success, but also with practitioners deeply that was the first Lanham Act case to hold that a product's trademarked
grounded in the subject matter of the appeal. Our group is home to former name could constitute false advertising. We also won precedent-setting
clerks for the US Courts of Appeals for the First, Second, Third, Fifth, Sixth, rulings from the Second Circuit regarding implied advertising claims and
Seventh and Ninth Circuits as well as the US Supreme Court. commercials that are literally false solely because of their visual images. We
recently obtained for our client a preliminary injunction enjoining satellite
One of our greatest strengths—and one of the greatest advantages for providers from airing nationally broadcast television commercials. After
clients—is that Patterson Belknap's lawyers actually try cases and argue successfully arguing the appeal, the Second Circuit redefined several key
appeals. Because we are in the courtroom regularly, we bring extensive doctrines in the law of false advertising.
first-hand experience with judges, along with knowledge of the rules and
customs in federal and state jurisdictions across the country when setting Companies facing copyright issues regularly rely on our appellate attorneys,
appellate strategy. who include a past trustee of the Copyright Society of the USA and a
former chair of the Association of the Bar of the City of New York's
The firm’s clients include Fortune 500 corporations and individual officers committee on copyright and literary property. For a number of artists, we
and directors of large companies in industries such as pharmaceuticals, have filed amicus briefs with the US Supreme Court in cases involving the
medical devices, biotechnology, financial services, manufacturing, federal flag desecration statute and the constitutionality of the decency
technology, media and entertainment and sports. provision in the NEA statute.
We are a leader in intellectual property litigation and our attorneys are
recognized among the leading practitioners in the nation. Our patent
attorneys have secured successful outcomes for clients at both the trial and
appellate levels. The National Law Journal has included a number of our
appellate patent victories on their lists of top verdicts.
For over a decade, we have represented a medical device manufacturer in a
series of ‘bet-the-company’ patent litigations, relating to coronary stents.
We prevailed in a number of appeals over the course of the litigation,
including the affirmance of jury verdicts of $271 million and $324 million.
In those cases, the district court entered a judgment of over $1.2 billion for
our client, including post-verdict damages and prejudgment interest.
THE DEFINITIVE GUIDE TO AMERICA’S LEADING LITIGATION FIRMS & ATTORNEYS 145