Commercial Litigation
Below are representative commercial litigation matters for Mr. Cavanaugh.
- Successfully blocked a subpoena on behalf of a global healthcare company in a Department of Consumer Affairs probe into potentially deceptive trade practices and false advertising by infant-formula makers.
- Secured dismissal of FCA qui tam against pharmaceutical manufacturer involving off-label promotion of pharmaceutical product.
- Representing companies in various false advertising matters.
- Following bench trial, secured dismissal of fraud and state consumer class action claims against pharmaceutical manufacturer.
- Defending major pharmaceutical manufacturer in multiple actions brought by State Attorneys General involving "AWP" issues, including multiple trials.
- Successfully represented medical device company in 75-day arbitration involving fraud and contract claims arising out of divestiture of product line.
- Defended former Commissioner of Baseball in copyright and fraud action in which plaintiff sought to publish unauthorized biography.
- Successfully defended celebrity in jury trial of civil assault and battery claims resulting in 20ยข judgment against client.
- Represented Office of the Commissioner of Baseball in disciplinary proceedings and successfully defended related litigations involving George Steinbrenner and others.
- Defended large brokerage firm in federal securities and RICO actions involving Eurobond offerings, master limited partnerships and other security underwritings.
- Secured reversal in the Second Circuit of district court order dismissing declaratory judgment complaint brought by a major insurer against a Fortune 50 oil company.
- Represented prominent New York law firm in fraud and malpractice lawsuit.
- Represented health care company in litigation and arbitration.