- We won dismissal of industrial espionage matter at summary judgment arising from a competitor’s allegation that our client, a Fortune 500 financial information and analytics company, employed consultants to illegally access a proprietary database. After winning dismissal of the RICO claims at the motion to dismiss stage, our team won summary judgment decision dismissing Sherman Act, Lanham Act, and myriad state law claims and leaving only limited claim of unfair competition that plaintiff voluntarily dismissed. After a two-day hearing, our team won motion excluding adversary's damage expert. The Second Circuit affirmed the district court’s summary judgment decision resulting in a complete victory for our client.
- We are the leading law firm representing the financial guaranty (or "monoline") insurance industry in its efforts to recover against financial institutions and other sponsors of RMBS for breaches of representations and warranties and other claims relating to the quality of the mortgage loans included in these transactions. We represent four monoline insurers in their remediation efforts relating to dozens of separate RMBS transactions, including investigation and prosecution of billions of dollars in claims for breaches of representations and warranties and other wrongdoing against some of the world's largest financial institutions, as well as advising on restructuring and other loss-mitigation options.
secured a federal jury verdict for the world’s leading beverage company in
a landmark advertising dispute over juice labeling. In the original
California district court case, we obtained summary judgment dismissing
the federal and state-law claims against our client, and obtained an
affirmance of the summary judgment ruling on the federal claim in the
Ninth Circuit. The U.S. Supreme Court subsequently vacated the Ninth
Circuit’s decision, and remanded the federal claim for trial. The
California federal jury rejected the claim in full, returning a verdict in
our client’s favor after a six-day trial and less than a day of
- For over a decade we have represented our client, a medical device manufacturer, in a series of “bet-the-company” patent litigations relating to coronary stents. We conducted 14 trials, preliminary injunction hearings and arbitrations involving infringement, enforceability and/or validity issues. The last of the disputes settled with our client receiving $1.725 billion. In total, this client collected more than $3.6 billion. In addition, we recently obtained a reversal in the Federal Circuit of a $593 million jury verdict related to coronary stents.
- Obtained preliminary injunction enjoining satellite providers from airing nationally broadcast television commercials. Successfully argued appeal; which led to the Second Circuit redefining several key doctrines in the law of false advertising.
- After securing dismissal of a False Claims Act (“FCA”) complaint for a major pharmaceutical client, we successfully defended that victory before the U.S. Court of Appeals for the Fourth Circuit. In a unanimous decision addressing the pleading demands for complaints filed under the FCA, the Fourth Circuit rejected the relator’s request to apply a more lenient pleading requirement in cases in which a relator is unable to show that actual false claims were submitted for government reimbursement.
- We represented one of the world’s largest providers of travel and real estate services in its highly complex fraud litigation with its former auditor. Our lawyers successfully defended against the accounting firm's motion to dismiss our client's claims. The case was among the largest client lawsuits against a Big Four accounting firm for audit malpractice and settled for $298 million.
- We secured a significant victory for our client, a Fortune 100 pharmaceutical company, in an ongoing litigation relating to Average Wholesale Price (AWP), a drug pricing benchmark used in pharmaceutical reimbursement by both government and private payors. The litigation lasted over five years and included numerous class actions that were consolidated in a multi-district litigation. The judge found each of the other defendants, all major pharmaceutical manufacturers, to have violated the consumer protection laws of Massachusetts, but found that our client's conduct was lawful. Accordingly, the claims against our client were dismissed.
- We represented a major financial institution in an antitrust lawsuit brought by another financial services company. In this follow-on suit to a Department of Justice case, the plaintiff sought damages for injuries allegedly suffered as a result of certain credit card rules. The plaintiff also joined numerous banks, including our client, alleging that they conspired to exclude the plaintiff from the bank-issuing card market. The case subsequently settled.
- We have represented a leading biotechnology company in a number of high-stakes commercial arbitrations over patent and other IP rights to best-selling monoclonal antibody and recombinant protein therapies.
- We secured the dismissal of a defamation suit against our client, a prominent law firm. The plaintiff, a former business partner of the law firm's client, alleged that a partner at the firm had made defamatory statements about him in a letter to a vendor. Relying on recent United States Supreme Court cases on federal pleading standards, we successfully moved to dismiss the complaint with prejudice on the grounds that the allegedly defamatory statements were privileged and the plaintiff had failed to plead facts to overcome the privilege.