Proskauer Rose LLP's globally recognized Litigation & Dispute Resolution Department includes a deep bench of more than 250 lawyers that work as a cohesive team from across eight offices. Our litigators pride themselves on being aggressive trial lawyers and have extensive experience trying cases for a diverse range of clients before juries, judges and arbitral tribunals at all levels of court forums, domestically and abroad. They include federal and state courts, administrative and regulatory agencies, and national and international arbitral tribunals. For more information about this practice area, contact:
The practice has:
- More than 250 lawyers in New York; Paris; Washington, DC; Los Angeles; Boston and Boca Raton
- Tried 75 trials and arbitrations to award in the past year
- Numerous practitioners that have been recognized by major legal directories and ranking organizations including: Best Lawyers in America, Chambers USA, Chambers Europe and Chambers Global, Euromoney, Lawdragon and Legal 500.
What the Media, Industry Press and Clients Say About Us:
- a "litigation powerhouse." -- Crain's New York (2007)
- "superlative litigation department. First and foremost, clients turn to the firm for its much-vaunted trial experience." -- Chambers USA (2007)
- "strategic and multi-talented group which undertakes the full spectrum of litigation from product and professional liability to white collar crime, including arbitration and mediation." -- Chambers Europe (2007)
- "[Observers comments about Bruce Fader:] 'quality litigator who cuts to the chase' in complex commercial litigation. Sources heartily commend the skill and subtlety with which he organizes defense teams.' " -- Chambers USA (2007)
- "[Observers comments about Lou Solomon:] 'exceptional judgment when advising on risky business or regulatory situations.' He is just as good at 'crafting watertight settlements. No detail or potential future risk escapes him.' " -- Chambers USA (2007)
Litigating and Resolving Challenging Matters Across Myriad Areas of Law Our accomplished litigators have extensive experience litigating and helping resolve the most difficult matters in a multitude of areas in every practice that our full-service firm offers. Multinationals to smaller firms operating domestically, financial institutions, sovereigns, partnerships and individuals worldwide actively turn to us for effective counsel for litigating and resolving disputes across a full spectrum of areas. They include antitrust & trade regulation, unfair competition, criminal and regulatory defense and corporate investigations, patents, securities litigation, international arbitrations and litigation. Additionally, we have extensive experience in legal areas related to professional sports, digital life and technology (copyright, first amendment, publishing, new media, computer, privacy, and Internet law), insurance recovery/reinsurance, false advertising, trademark issues, professional representation/malpractice, and many other areas.
Ready to Fight the Good Fight, Whether In or Out of Court While trying cases is our passion, we understand the importance of knowing when to go to court and when to employ alternatives. We feel our reputation as aggressive trial lawyers in court has often influenced opponents when negotiating out of court. If it may be in the interest for a client to negotiate a settlement, we will advise so accordingly, prepared to negotiate aggressively and tactfully with our clients' adversaries as we do when in court. Where appropriate, we have embraced alternative dispute resolution with significant success, advising clients on viable options including mediation.
A world-class litigation powerhouse, Poskauer's cohesive team of talented and dedicated trial lawyers remain committed to our mission of partnering with our clients - and one another - to solve our clients' most serious controversies with efficiency, pragmatic thoroughness and ingenuity.
Representative Matters
The diversity and stature of our litigation practice is reflected in the following sampling of noteworthy and publicly known matters, such as our succeeding in ending the seven-year contempt incarceration of Martin Armstrong; making crucial new law in New York's Highest Court that shields broker-dealers from liability; and protecting a best-selling patent developed by the "Leonardo of condoms" in an international trade fight, among many others including:
- We defended Fournier Laboratories in a suit charging that its anti-cholesterol drug Cholstat was defective. The French court dismissed the suit, ruling that Fournier clearly informed patients of the possible side effects of the drug and, as a consequence, the drug could not be considered a defective product.
- In late 2006, we sought summary judgment on behalf of British Telecommunications plc, one of the world's largest suppliers of telecommunications services, in a suit in which the plaintiff alleged he was responsible for brokering a $1-billion-plus global telecommunications outsourcing deal between BT and Unilever plc, a leading supplier of consumer goods. After extensive discovery, including depositions held throughout the United States and in London, and retrieval of hundreds of thousands of electronic documents, a federal court in Newark granted BT's motion to dismiss. The matter recently has been on appeal to the U.S. Court of Appeals for the Third Circuit.
- We represented Satyam Computer Services, a global IT services and consulting company, in a hotly contested case concerning a joint-venture company created by Satyam and Venture Global Engineering, an outsourcing company for engineering services for the automotive industry. A sole arbitrator at the London Court of International Arbitration awarded Satyam all of the relief it sought, including its right to purchase VGE's 50 percent interest in the joint venture at book value, reimbursement of substantial royalties paid to VGE, and release from a non-compete agreement. The award was confirmed by the U.S. District Court for the Eastern District of Michigan.
- USA, Inc. in litigation against Cisco Systems, Inc., seeking more than $500 million in compensatory damages and punitive damages for Cisco's alleged patent infringement, copyright infringement and theft of trade services.
- Representation of major financial services institutions in government and regulatory investigations, civil litigation and customer arbitrations.
- Representation of BDO Seidman, Coopers & Lybrand L.L.P., Deloitte & Touche LLP and Ernst & Young LLP (and their predecessor firms) in civil actions alleging violations of the federal securities laws, and in administrative proceedings before the Securities and Exchange Commission.
- Representation of Scitex, ICN Pharmaceuticals, Donna Karan International, U.S. Surgical Corporation, Quaker Fabrics, dELiA*s, Jenny Craig, Club Med, and numerous other issuers of publicly traded securities, as well as their officers and directors, in securities class actions and derivative actions and change of control litigation in federal and state courts in New York, California, Delaware, and throughout the country.
- Representation of major broker-dealers in the "IPO allocation" class actions.
- Representation of emerging technology companies in the defense of many patent litigations in technologies as diverse as high-temperature superconductors, encryption algorithms, and cable television technology.
- Representation of Reed Elsevier, and its legal publishing arms, Matthew Bender and Lexis/Nexis, in copyright litigation protecting the Lexis database.
- Representation of S.C. Johnson & Son, Inc., one of the country's largest consumer product manufacturers, and Colgate-Palmolive Company in false advertising litigation.
- Representation of Biovail Corporation, a full-service pharmaceutical company, in a series of antitrust suits involving claims that Biovail improperly sought to suppress competition in the market for certain pharmaceutical products used in the treatment of hypertension and angina.
- Representation of Clairol Inc. in trademark litigation brought by Nu-World, achieving a victory on Clairol's misappropriation claim.
- Representation of ML Media Partners, L.P., an investment limited partnership syndicated by Merrill Lynch & Co., in an action against Adelphia Communications involving the parties' joint venture, which owned and operated cable television systems in and around San Juan, Puerto Rico.
- Representation of the nation's principal securities depository, The Depository Trust & Clearing Corporation, the "back office" of the securities industry, as regular outside litigation counsel.
- Representation of Vermont Joint Owners ("VJO"), a public utility consortium, in the successful multimillion-dollar award, after trial, involving Hydro-Quebec's failure to perform a long-term contract to provide VJO with capacity and energy.
- Representation of New York's Metropolitan Transportation Authority in defense of litigation challenging its $900 million 2003 fare and toll increase.
- Representation of Silverstein Properties, Inc. and the corporate lessees of Buildings 1, 2, 4, and 5 of the World Trade Center in their litigation with their property insurers.
- Representation of JP Morgan Chase and Lucent in major insurance coverage claims.
- Representation of the National Basketball Association in numerous actions challenging, on antitrust grounds, the legality of NBA player practices, restrictions on the telecast of games by member teams, and franchise relocation rules; in an action challenging the legality of a lottery based on the results of NBA games; in player arbitrations; and in numerous other significant litigations and arbitrations.
- Representation of national and international brands in trademark litigation.
- Representation of the National Hockey League in a class action by the players against the League and the union alleging conspiracy and RICO violations.
- Representation of Major League Soccer in antitrust litigation, in which we were successful after a lengthy jury trial, subsequently affirmed by the 1st Circuit.
- Representation of ATP Tour, the men's professional tennis circuit, in a notification proceeding before the European Commission involving issues of broadcast agreements and regulations.
- Representation of MCI in a lengthy jury trial involving the development of sophisticated telecommunications equipment.
- Representation of Simon and Schuster before the U.S. Supreme Court in a case challenging the constitutionality of the "Son of Sam" victims' compensation legislation.
- Representation of the Recording Industry Association of America and 18 of its record company members in obtaining injunctive relief against Napster, Inc., a service which enabled its users to locate and download free, unauthorized MP3 file copies of virtually every existing sound recording.
- Representation of Universal City Studios in the landmark copyright case which upheld the constitutionality of the Digital Millenium Copyright Act of 1988 ("DMCA").
- Representation of the plaintiffs -- the eight major movie studios of the Motion Picture Association of America -- who sued a Web site operator for distributing a software package via its Internet Web site that circumvented the encryption system which controls access to copyrighted motion pictures delivered on DVDs. The Court, after trial, entered a permanent injunction against the defendant's activities.
- Representation of Jenny Craig, Inc. in numerous actions including securities and consumer class actions, and proceedings involving the Federal Trade Commission and various state regulatory bodies, as well as trademark protection and false advertising litigation.
- Representation of the Public Utilities Commission of the State of California in its legal and factual investigation of, and pursuant discovery regarding, the generators' conduct that contributed to California's energy crisis in late 2000 and early 2001.
- Representation of the Estate of Keith Haring in litigation to redress unauthorized adaptations of his works.
- Representation of entertainers such as Lauryn Hill, Snoop Dogg, Madonna, Axl Rose, Smashing Pumpkins, and Black Crowes, as well as giants of the entertainment industry including EMI Music Publishing, Universal Studios, BMG Entertainment, Arista Records and Zomba Group of Companies, in significant work in enhancing and protecting intellectual property rights, including copyright and commercial litigation.
In the more than 125 years that have passed since the Firm successfully argued its first case in the New York Court of Appeals, our primary focus has remained unchanged: providing the highest quality service and creative approaches to disputes to serve our clients more effectively and efficiently.
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