Commercial Litigation

Below are representative commercial litigation matters for Mr. Cavanaugh.

  • Successfully defended a global healthcare company in a putative RICO class action involving alleged promotion of a drug for off-label use.

  • 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 20¢ 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.