Thomas Pippert represents plaintiffs and defendants in trials and arbitrations of complex commercial matters, such as patent infringement, breach of contract, partnership dissolution, insurance coverage, commercial mortgage foreclosure and consumer banking practices. The types of contracts litigated by Mr. Pippert range from a long-term supply agreement to grants of exclusive television broadcast rights to a joint venture to construct a Manhattan office tower. He also defended a foreign client in mass tort litigations for several years. Mr. Pippert's litigation practice includes federal and state class actions, multidistrict litigations and coordination of U.S. and foreign litigations.
Mr. Pippert's clients are involved in diverse businesses and include pharmaceutical, medical device and consumer product companies. In addition to his litigation practice, Mr. Pippert counsels clients on contract and antitrust issues.
Representative Matters
Patent Infringement
Representing manufacturer and inventor of medical device used for minimally-invasive surgery. Litigation involved assertion of patent claims against competing manufacturer and defense against counterclaims of patent infringement.
Representing marketer of patented infant formula against competing marketer.
Representing manufacturer of coronary stents. Litigation involves assertion of patent claims against rival manufacturer and defense against counterclaims of patent infringement.
Commercial and Contract
Arbitrating manufacturer's alleged liability to a supplier under a long-term raw materials requirements contract.
Arbitrating joint venturer's exercise of option to purchase co-venturer's interest in forty-story Manhattan office tower.
Arbitrations of law firm's obligations to partners withdrawing from the firm and to partners purportedly expelled from the firm.
Litigating law firm's obligation to a partner purportedly expelled from the firm.
Arbitrating state agency's right to compel turn-key contractor to perform contract to design and construct resource recovery facility.
Litigating to enforce cable television network's oral contract for sale of advertising time.
Defending licensor against claim for a finder's fee in connection with a licensing transaction.
Litigations enforcing exclusive rights of broadcast and cable television networks for sports programming.
Litigation enforcing rights of the seller of an ATM business against purchaser that had discontinued operation of the business.
Insurance Coverage
Defending scope of insured's coverage against insurer's attempt to reform terms of insurance policy.
Various litigations to establish insurers' duties to indemnify the insured for damages awarded by courts against the insured.
Real Estate
Arbitration of rights of joint venturers constructing a Manhattan office tower.
Numerous litigations to foreclose mortgage loans on commercial properties and multiple-residence properties.
Consumer Banking Practices
Defending savings and loan institution in individual and class actions alleging violations of state and federal banking regulations.
Defending savings and loan institution in individual and class actions alleging breach of residential mortgage loan agreements and annuity agreements.
Mass Tort
Defense of foreign pharmaceutical company in individual and class actions brought in U.S. state and federal courts by consumers of a prescription drug. Representation included coordination of the actions in the U.S. with the defense of actions brought against the pharmaceutical company in Europe, Canada and Australia. Representation also included successful assertion of foreign law concerning the scope of discovery and compelling U.S. plaintiffs to conduct discovery of the foreign defendant pursuant to the Hague Evidence Convention.
Media
Defense in federal and state courts of numerous libel actions brought against a television broadcast network and against a network-owned station.
Multiple federal and state court actions to enforce rights of a broadcast television network and a cable television network for exclusive coverage of sporting events.
Defense of television network's prime-time program allegedly infringing "Superman" copyrights and trademarks.
Antitrust
Defending business practices of cable television network in various litigations, including competitor's allegations of monopolization and cable operators' allegations of refusal to deal, essential facility and tying.
Class Actions
Defending pharmaceutical company in product liability class actions brought in state and federal courts.
Advise pharmaceutical company in product liability class actions brought in Canadian provincial courts.
Defending savings and loan institution in various class actions brought in state court alleging violations of state and federal banking regulations, breach of residential mortgage loan agreements and breach of annuity agreements.