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Highly recommended
New York – specifically Manhattan – is arguably the epicenter of the US litigation
market. As the nation’s financial hub, New York generates a great deal of
securities and banking-related litigation, but the following Big Apple firms are
generally capable of handling any complex litigation matter that is thrown their
Fried Frank Harris Shriver & Jacobson Highly recommended firms
Sources say a core group of trial lawyers who Insurance clients include AIG, Swiss Re and are “extremely creative in their approach” is behind the “unbelievable profitability” of defeated a $600 million arbitration claim.
Cadwalader Wickersham & Taft. One client
The firm also is involved in the defense of Paul Weiss Rifkind Wharton & Garrison said: “They are the first firm I’d turn to for certain insurer clients who are part of a something that truly mattered,” and others followed suit saying: “You have no doubt when they’re on your side that they’re 100 percent there for you.” Widely praised for a “huge amount of depth” in insurance and reinsurance matters, the firm negotiated a landmark $400 million recovery settlement in 2004 with Fortress Re on behalf of Fortress national player in the securities arena.
Insurance. A “go-to firm for high-profile securities litigation,” the firm played a underwriters in WorldCom, Refco and other prominent role in a number of recent “bet- the-company” matters including the Enron, proceedings and securing the dismissal of all claims brought against a leading financial International Group (AIG) investigations and publisher in the Enron securities litigation.
earlier this year secured the dismissal with Peers attest that the firm’s First Amendment prejudice of allegations leveraged against the former chairman and chief executive officer clients include CNN, Time Magazine and of Bally Total Fitness. Partners also have gone to court for clients including Pfizer, Bank of recently protected from the Department of Justice’s attempt to retrieve the phone records of two of its reporters. Prudential Sources have the “highest regard” for litigation chairman Gregory “Greg” Markel.
This securities expert leads on a national level and recently obtained the dismissal of all Active in intellectual property, insurance, claims against Merrill Lynch by plaintiffs public policy and regulatory issues, Floyd claiming the client’s actions contributed to Markel is “good at keeping open dialogue Amendment litigation. Though he maintains with plaintiff’s counsel.” Market observers a broad practice, the “very strong” Thomas
say leading reinsurance lawyer Lawrence
“Tom” Kavaler is counted among the
Brandes “strongly contributed to building the
nation’s leading securities lawyers. He recently secured an appellate victory for Prudential Securities and also represents a “Cliff” Schoenberg as another partner who number of Wall Street’s largest brokerage has been instrumental in this effort. Clients have the highest regard for Harry Cohen and Hutton. David Kelley leads the firm’s crisis John Finnegan who both also add greatly to advisory group and is deemed a clear firm the firm’s body of insurance and reinsurance Wall Street firm Cahill Gordon & Reindel
investigation into the World Trade Center B today enjoys a reputation as a “hardRosenthal and Edward “Ed” Krugman are hitting” market leader. National in both both “outstanding lawyers” with “true “visibility and level of practice” according presence in the courtroom.” Rosenthal is commended for expertise in both insurance 216 BENCHMARK
district class-action litigation alleging that the firm’s clients benefited from South package,” adding that “their creativity and Africa’s former apartheid regime. The firm Recommended
written work is truly respected.” Howard “Peter” Sloane serves as the firm’s co- Crutcher’s star partner, Randy Mastro, in administrative partner and represents clients in a number of complex litigation matters Bernstein Litowitz Berger & Grossmann Entertainment, secured a total victory in a Founded in New York in 1819, Cravath
Swaine & Moore’s sole US office remains in
reputation rivals that of firms with hundreds of attorneys spread across the country.
in a case relating to the Speaker of the State Clients attest that they use Cravath “because Assembly’s challenge to the Governor’s of the excellence of the attorneys and, quite authority to exercise the line-item veto. simply, because the outcomes of the cases Davis Polk & Wardwell is headquartered
they handle for us are always successful.” in New York, and the firm’s litigation group Competitors agree that the firm “is involved consists of nearly 170 lawyers between the in a lot of big-time litigation” and does “a lot of great work.” The firm’s system of rotation, offices. Although Davis Polk does not divide in which each associate who joins the firm its litigation team into practice groups, as it must become familiar with the intricacies of the firm’s four main departments, ensures ensures most attorneys are able to handle a that litigation attorneys are experienced in a broad range of matters, the litigation team is range of matters and subjects, fostering a proficient in areas such as securities, white- very generalist approach. Cravath is ranked intellectual property litigation. Competitors intellectual property, antitrust and general noted the firm’s role in “big defense cases,” commercial litigation in Benchmark’s and one admitted to having “a lot of respect for the lawyers there.” Other peers have “high regard for their abilities” and hinges upon star partner Evan Chesler, who
commend the team of “good litigators.” was described by one client as being “in a Clients choose Davis Polk for its overall unique category.” Competitors attested that steady” approach, and one client noted the articulate, extremely effective” and “great on firm’s “depth” and “ability to retain quality his feet,” and that “he’s not afraid to go to junior and senior associates who stay with trial.” He was recommended as a leading individual in all four of the practice areas in One of the firm’s key figures is senior which the firm is ranked in Benchmark’s member of the litigation department Robert
national chapter, and was particularly noted “Bob” Fiske, who was described by peers as
for his antitrust work. Other partners who were singled out as leading include “quite antitrust lawyers in the United States.” One talented” Richard Stark, “service-oriented” competitor dubbed him an overall “killer litigator,” while another named him among smart” Robert Baron, “remarkable” Robert
the “very, very best lawyers in New York.” Joffe and
Fiske’s is known primarily for his white- Katherine Forrest, who was described by one
collar work and is ranked in the top tier of client as “excellent, smart, tough, practical
and business savvy, with actual experience Benchmark’s national chapter, and is also litigating antitrust matters, which is rare.” ranked as a national leader in the areas of Francis Barron and Paul Saunders were also
general commercial and securities litigation.
The firm is also said to “shine in terms of leaders in general commercial litigation, and junior partners,” and clients named William contribute to the firm’s reputation for stellar bench strength. New York partner Carey
Southern District of New York, obtaining a Dunne enjoys a national reputation as an
consolidated class actions alleging that the partner Bob Wise was dubbed “a seasoned securities lawyer” by one client. Arthur statements about its accounting practices Golden also was singled out as “very good in In recent matters, Davis Polk’s New York the plaintiffs’ claims of damages in multi- litigation attorneys won a big victory in the he definitive guide to America’s leading litigation firms and attorneys 217
Paul Weiss Rifkind Wharton & Garrison Bernstein Litowitz Berger & Grossmann Fried Frank Harris Shriver & Jacobson Fried Frank Harris Shriver & Jacobson Bernstein Litowitz Berger & Grossmann Paul Weiss Rifkind Wharton & Garrison Paul Weiss Rifkind Wharton & Garrison Fried Frank Harris Shriver & Jacobson Paul Weiss Rifkind Wharton & Garrison US Supreme Court and the Court of Appeals maintain its reputation as one of the best in was described as a “market leader” by peers.
for the District of Columbia on behalf of F the city. With over 240 lawyers practicing in the litigation group, the firm is particularly price-fixing claims asserted against Roche known for its deep bench. Partners include broker-dealers, accounting firms, investment both generalists and specialists, and the team manufacturers by a class of foreign entities is recognized in Benchmark’s national securities litigation and SEC enforcement that had purchased bulk vitamins over a ten- chapter for its expertise in international year period. The case had implications for the arbitration, general commercial litigation, In recent cases, the firm has represented a issue of extraterritorial scope of the federal securities, insurance and white-collar crime, antitrust laws, and was ultimately dismissed with one competitor describing it as “one of regarding the company’s actions relating to by the DC Circuit. Partner Joel Cohen also its withdrawal of the drug Vioxx, Sony BMG Competitors “have the highest respect for” arising out of its use of XCP copy protection Circuit, obtaining a dismissal of antitrust litigation co-chair Mary Jo White, who
enjoys a stellar national reputation in the investigations. She was named among “the infringement suit. Other firm litigation clients very, very best lawyers in New York” by one peer, and was the only woman in history to Fried Frank Harris Shriver & Jacobson’s
Corporation, Credit Suisse, Morgan Stanley serve as US Attorney for the Southern District New York office features over 110 attorneys of New York, a position which she held from Debevoise & Plimpton was founded in
investigations, securities and shareholder New York over 75 years ago and continues to expert, David Rivkin, also stands out, and
218 BENCHMARK
Paul Weiss Rifkind Wharton & Garrison Paul Weiss Rifkind Wharton & Garrison Fried Frank Harris Shriver & Jacobson Paul Weiss Rifkind Wharton & Garrison Fried Frank Harris Shriver & Jacobson Paul Weiss Rifkind Wharton & Garrison commercial litigation, among other areas.
Other high-profile firm clients include the The firm prides itself on having a core of resulting from the collapse of Enron in 2001, special litigation committee of the board of generalists, with sub-cores of experts in and secured a dismissal of all claims against his client from the US District Court for the International, Novelis, and the International intellectual property and antitrust. The firm Southern District of Texas in December of Longshoremen’s Association, AFL-CIO. The is particularly well respected for its SEC confidential clients in the areas of white- competitor admitted that “they’re really collar crime and international arbitration. Competitors characterized Kirkland &
Star general commercial partner Audrey
decision from the US Supreme Court at the Ellis’s intellectual property practice as being a
Strauss and New York leaders, William
time of writing. Dabney also successfully key reason for its success in the crowded New “Bill” McGuinness, James “Jim” Dabney
argued a patent case for BrokerTec USA and Douglas Flaum
respected general commercial, securities and obtaining a judgment declaring the plaintiff’s antitrust teams. Recent intellectual property complex litigation matters. Strauss recently patent invalid and unenforceable, which was cases include a jury verdict for Alcatel- led a team in representing Pequot Capital affirmed on appeal in the Federal Circuit. In Lucent, in what is said to be the largest patent Management, a $7 billion hedge fund, in a one important real estate matter, Douglas litigation jury verdict ever. The $1.53 billion verdict came against Microsoft after a three- conducted by the SEC, which resulted in a week jury trial in California and is now under determination that no charges against the the 2003 sale of the General Motors Building concerning a breach of contract suit with The definitive guide to America’s leading litigation firms and attorneys 219
unanimously for Kmart. Securities litigators securities field and “one of the best litigators represented American Skandia in litigation in America.” Daniel “Dan” Kramer and
Corporation. Colleague Scott Edelman
Richard Rosen are also recognized as leading
products, and netted the client a summary earned commendation for his securities and securities authorities. Kramer represents white-collar work. He obtained a dismissal of clients including Hollinger International and a securities class action against the vice- the board of directors of Fannie Mae, while insurance agents selling certain annuities.
Securities litigators also obtained a favorable Financial among his clientele. Martin
decision for Honeywell related to shareholder Aquila and Strategic Capital Group. George Flumenbaum is hailed as a “star” white-
derivatives action, and received a favorable Canello supplements his securities practice collar criminal practitioner, as is Mark
ruling and dismissal for Morgan Stanley. The Pomerantz, who was described by peers as an
regulatory proceeding alleged that a Morgan “unusually gifted trial lawyer.” One leading Stanley financial advisor sold unsuitable an expertise in representing US and foreign litigator said: “He’s one of the giants and a really soulful guy who can get ahead being Paul Weiss Rifkind Wharton & Garrison
himself, and that kind of natural quality is office encompass the full range of the firm’s litigators “are known worldwide” as “some really refreshing.” Mark Alcott is considered
main practice areas. John Desmarais is a
of the best” in practice. Praised for a group a leader of the Bar and maintains a general leader in the firm’s national intellectual that is “very smart and very tactical from the top to the bottom,” this New York-centered litigation team for Alcatel-Lucent against firm has more than proven that it “is not Simpson Thacher & Bartlett was praised
afraid to take cases to trial” and has built an as “the cream of the crop” in New York litigation. An all-star client list, which providers. Colleague David Bernick also
clients who describe its 245 litigators as received recommendation. Bernick splits his “imaginative, well prepared and thorough” Weyerhaeuser, routinely bets on the ability of Chicago offices, and recently served as co- adversaries, but will fight hard for their counsel to Abbott Laboratories, DuPont and clients’ positions.” While sources say the recognized for top-notch general commercial General Electric in radiation exposure cases.
firm exhibits strength across all practice capabilities, the firm is known among peers William Pratt received commendation for his
areas, it is particularly well recognized for for a traditionally strong insurance practice.
leading securities and white-collar criminal In one of the most widely followed cases in practices. In recent years, the firm solidified the last decade, the firm secured a unanimous jury verdict affirmed on appeal in favor of client $20 million in the decision. Joseph Citibank through “bet the company,” high- Swiss Re, the largest participant in the $3.54 Serino also received mention for his work on stakes class-action litigation, topping a string billion property insurance program covering many of the New York office’s big securities of victories on behalf of this client with the World Trade Center before September 11 favorable settlements in both the WorldCom 2001, capping the client’s liability at a single Litigators at Milbank Tweed Hadley &
and Enron shareholder class actions.
$877 million policy limit. The securities McCloy came highly recommended for their
group is said to be “at the top of the game” litigation. Securities work takes center stage at the firm, with a particular emphasis on high-stakes securities class actions for major General and the New York State Department investment banks. Mutual fund litigation also of Insurance and continue to represent the helped Bechtel and General Electric recover continues to grow, in addition to the firm’s $425 million in investments in India’s defunct Dahbol Power Project. Market insiders agree bankruptcy litigation groups. Recent matters that the firm’s antitrust group is “certainly include the firm’s representation of Aquila in remains active in the courtroom. Sources say: strong, very strong” and the firm’s broad “There’s something about the Paul Weiss expertise is rounded out by skilled intellectual received a dismissal of complaints concerning culture that has created leaders in every property and products liability lawyers. generation,” and chief among these leaders is Roy Reardon is “as good as it gets” and
litigators achieved a number of victories. The “first-rate litigator” Leslie “Les” Fagen, who
peers describe him as “one of the very, very peers say “really is the star here.” Theodore
best lawyers in New York.” With the firm Research Company, as well as other parties, “Ted” Wells and Brad Karp co-chair the
since 1954, peers say this lawyer is “still against a challenge to revenue sharing and litigation department, and peers say that going strong.” The “very talented” Barry
other mutual fund distribution practices. The Wells “wins cases no one has any business Ostrager leads the litigation group and has
motion to dismiss blocked plaintiffs from winning.” He is widely recognized for his receiving billions of dollars in fees. Milbank reinsurance litigation, counting Travelers, “Scooter” Libby and is acting on behalf of clients. Clients say Paul Curnin “partners
investigations brought by the SEC and the well with in house counsel and will call cases Department of Justice. Deemed a “rising as he sees them.” He focuses on litigation in litigators had a headline-worthy year for their talent,” one client said Karp is “the next connection with securities, takeover, and generation, not just at Paul Weiss, but in the government and internal investigations.
General commercial partner David Ichel is
financial institutions, including JP Morgan, Litigation head James Benedict topped lists
and product liability arenas and represents for his securities litigation expertise. Benedict Stearns, though peers say his large portfolio key clients such as Heineken USA. Robert
represents Fidelity and Citigroup and has also “Rob” Smit maintains a “substantial
220 BENCHMARK
international arbitration practice” and is Richards, and is co-counsel for Scientific- When asked to comment on Wachtell
regarded as a leader in the field. Kenneth
Lipton Rosen & Katz, one leading litigator
Logan and Kevin Arquit are known as “the
litigator Shepard Goldfein received mention
said: “When you hear they’re on the other firm’s duo” of antitrust experts. Peers say for matters including the defense of CIBC side of a case your ears perk up.” The firm’s World Markets, along with litigator Peter
litigation group is composed of a “smart and instincts.” Though Arquit boasts a “sterling Greene. Commercial litigators Sheila
reputation and a great practice in mergers Birnbaum and Preeta Bansal both earned
associates known among peers as “excellent and acquisitions,” this “pro” is more than commendation for their respective mass tort ready to tackle his client’s litigation needs.
specialized practice than most on the list, Sources say Joseph Tringali can also “be
One market insider said Sullivan &
peers say the firm’s “signature specialty is counted on to do a good job” in the antitrust Cromwell is a firm clients can count on when
corporate takeovers and the whole range of arena. One client described securities partner “looking for a lot of good people, not just a issues relating to corporate governance and Michael Chepiga as “a high-level litigator
lot of people, to handle big cases.” Ranked used to complex litigation.” Bruce Angiolillo
for its broad-ranging capabilities as one of derivative actions.” The firm has made a the country’s top general commercial groups, mark defending the likes of Sears, Morgan litigator” who “is very pragmatic, doesn’t Stanley and Bausch & Lomb against recent international arbitration. It has further shareholder class and derivative actions.
people.” He has been involved in the firm’s carved a niche in financial services litigation, Partners also helped Invemed Associates fend defense of JPMorgan Chase, as has “very and peers say it is particularly adept at off profit-sharing charges brought by the representing clients in securities matters.
National Association of Securities Dealers recognize as a “go-to guy” for this client and benefited from the firm’s guidance through consequently saved the client a potential $8.2 Peers said Skadden Arps Slate Meagher &
the Enron securities class action. But it is the million fine. In addition to these successes, Flom is nationally “very strong” across
firm’s representation of Goldman Sachs in the many practice areas, and few would disagree IPO allocation class actions that has earned it representation of World Trade Center lessee that its New York hub is a source of much of particular renown in recent years. Peers label Larry Silverstein in the post September 11 the firm’s strength. “We sometimes struggle the firm “a machine” in its defense of white- insurance recovery litigation. After two jury collar criminal matters and partners recently Skadden,” one client said, adding “they will destruction of the World Trade Center should be treated as two occurrences, allowing the securities and white-collar criminal matters, allowing the client to stay in business. Also client to collect $4.6 billion in insurance the firm has been very active as a result of the recognized as an antitrust leader, the firm has surge in options backdating and mergers and Herbert “Herb” Wachtell and Bernard
acquisitions litigation, while the antitrust and Microsoft Corporation and is widely praised Nussbaum co-head the litigation department
general commercial teams have seen work in and continue to contribute to the firm’s the New York office continue to grow.
Peers count Gandolfo “Vince” DiBlasi as
stellar reputation. Hailed as a “dean” of the “one of the absolute best trial lawyers in the litigation Bar, Wachtell remains active and Supreme court decision for Merrill Lynch, country.” Described as “very smart, very which mandated that securities class-action pragmatic, aggressive and tenacious,” DiBlasi plaintiffs will no longer be able to bring is credited with handling some of the most Assistant United States Attorney, peers say “holders” class-action suits. The firm also important financial services cases in recent Nussbaum “is at the very top of any list” for represented Merrill Lynch in class actions corporate and securities work. The “very related to research analyst litigation, while securities and white-collar criminal circles.
classy and fabulous” Lawrence “Larry”
white-collar litigators are working on the Coordinator of the securities practice Robert
Pedowitz enjoys a reputation among peers as
representation of Frederick Schiff, former Giuffra is recognized for his securities and
an “extremely successful, bet-the-company white-collar expertise, and though managing white-collar specialist.” John Savarese also
matters. Antitrust litigators took on a lot of partner David Braff handles a range of
earned praise as a leader in the white-collar work as well; cases include positive results matters, he too is widely commended for his criminal arena. “Super lawyer” Theodore
“deep knowledge” of securities law.
“Ted” Mirvis is commended as an expert in
Described as a “great pair,” Karen Patton
regulatory, corporate governance, securities, Seymour and Samuel Seymour earned
and mergers and acquisitions work. Market recommended Jay Kasner. “Jay makes terrific
consistent praise as two of the strongest leaders call Eric Roth a “decent person and a
decisions,” one client said. “He thinks white-collar practitioners in the country.
fabulous lawyer.” Roth handles a range of strategically in and out of the court room, his Peers consider head of the antitrust group team has an encyclopedic knowledge of the Yvonne Quinn a “knowledgeable, smart,
securities, insurance and creditors’ rights. He law and he’s always very involved in the practical and competent” leader in the area recently secured a favorable settlement for case.” In addition to securities work for and unanimously agree that John Warden is
advertising client ADVO in litigation brought Merrill Lynch, Kasner represents Washington also “up there” on the list of top antitrust by Valassis contesting the $1.3 billion merger litigators. Market insiders note Warden for Amerigroup. Securities colleague Jonathan
his role in the Microsoft litigation and his firm since 1987, Marc Wolinsky also earned Lerner also earned praise for his successful
peers’ praise for his complex commercial, York, British Airways and Goldman Sachs.
multibillion securities fraud action. Peers Co-coordinators of the arbitration practice recommended David Zornow as a leader in
Joseph “Joe” Neuhaus and James Carter are
Litigators at Weil Gotshal & Manges draw
the firm’s New York white-collar criminal both considered top international arbitration on the firm’s strong corporate component to experts. “Rising star” Sharon Nelles earned bolster a wide-ranging litigation practice, client appreciation for being a “really clear, strategic thinker and a very responsive” intellectual property. Clients are satisfied with the firm’s work in the courtroom as The definitive guide to America’s leading litigation firms and attorneys 221
well, and one said that “for bet-the-company his insurance and reinsurance work. “He is litigation, you go to them, because you can particularly good,” one client said. Auslander represents Marsh & McLennan in a number chairman Bert Roberts and 11 other former will become experts in it.” Recent intellectual property matters include the representation million of their own profits to settle the claims against them. The firm also handles Recommended firms
corporate governance litigation, employment representation concerning royalties for online In the four years since London import Allen
discrimination, civil rights and consumer streaming of audio on the internet. Weil’s & Overy entered the US market to open its
New York hub, the firm has proven to be a commercial litigation involving allegations of traditional strength areas as well. The firm serious contender, attracting a number of breach of contract, accountant liability, went to trial for Johnson & Johnson in a big breach of fiduciary fraud and negligence on monopolization case, and obtained a defense appearing in some of the largest government behalf of institutional clients and lenders. verdict against Applied Medical Resources.
Peers have the utmost respect for founding matters on their behalf. Responding to high partner and firm leader Max Berger, who is
UnitedHealth Group in Miami against multi- described as a “very classy” lawyer.
small group of 27 litigators and recently Following Nortel Networks Corporation’s practices. The firm successfully earned a Canadian history, Berger helped the Ontario decision that rejected the application of UnitedHealth’s arbitration agreements to Treasury of the State of New Jersey and its international offices to call upon the firm is more than ready to meet their needs. Recent settlement package of cash and Nortel stock James “Jim” Quinn as “one of the deans of
valued at $1.3 billion in one of two separate the national litigation Bar.” “He is known representing Credit Suisse in the Parmalat securities fraud class actions brought against across the nation, if not across the world,” securities litigation and Barclays Bank in the the company. Berger also represents the New said one client. Other said that “Jim’s reputation is well-deserved” and that “he is Bankruptcy Court for the Southern District extremely responsive, and given his position, litigation and has to date recovered more that’s astounding.” Quinn served as counsel Clients offered nothing but praise for head than $1.03 billion for his client. The firm also counts top plaintiffs’ lawyer and former Assistant United States Attorney John “Sean”
recently won a defense verdict for Procter & strategist and a clear thinker.” Feldberg Coffey in its ranks. Coffey helped the
engages in civil litigation and also defends concerning teeth-whitening products.
federal criminal and regulatory cases. He settlement valued at about $445 million in Securities class-action litigator also Greg
leads the firm’s defense of JP Morgan Chase the HealthSouth bondholder litigation and Danilow received commendation for his class
and is representing the client in both the serves as lead counsel representing investors antitrust litigators Helene Jaffe, Debra
international arbitration against the Republic Pearlstein and Jay Fastow earned accolades,
of Uruguay. Former chief of the securities and Boies Schiller & Flexner is a litigation
commodities fraud unit in the US Attorneys litigator Bruce Rich is “scary-smart.”
Office of the Southern District of New York, chairman, David Boies, resides in the
The litigation team at Willkie Farr &
uniquely-located Armonk, New York office.
Gallagher practices across a range of areas
peer praise. Jacob Pultman also earned nods for corporate clients, and provides notable for his broad-based expertise, which extends partner Donald Flexner are both recognized
service in the areas of general commercial, to securities, internal investigations and as nationally ranked antitrust stars, but they insurance and securities. Matters include the banking litigation. Pultman is part of a firm firm’s representation of an accounting firm in proficient generalists. Competitors dubbed a four-week jury trial of securities class detainees. International arbitration expert Boies “definitely a tier-one litigator,” and actions. The firm represented Bloomberg in one said that “even if he’s completely patent infringement litigation brought by recognized as a national leader in the area by unprepared, he can get a judge to relate to Reuters, defended Yellow Book USA against him and pull an argument together in very a false advertising claim by Verizon, and little time.” Other competitors referred to served as lead counsel to policyholders in Bernstein Litowitz Berger & Grossmann is
Boies as “brilliant in court,” “great on his environmental insurance coverage litigation “the cream of the crop and one of the most feet,” and “terrific,” and sources named him successful plaintiffs’ firms” in the country.
among “the very, very best lawyers in New Clients and peers said Richard “Rick”
York.” Flexner was similarly lauded, and Posen’s practice was of note at the firm.
grown to include 48 litigators practicing from Goldman Sachs, UBS and CSFB in securities New Jersey, California and Louisiana. Hailed One of the firm’s most high-profile ongoing particularly for work in the securities arena, matters is its representation of former AIG the firm successfully prosecuted the high- Merck. Michael “Mike” Young earned
Greenberg, in several lawsuits relating to an bankruptcy litigation. As counsel for the New you have to consider.” Young chairs the firm’s securities litigation group and has a partners at the firm helped recover $6.15 Superintendent of Insurance, alleging claims nationally recognized specialty in accounting billion for the investor class – the largest irregularities. Mitchell Auslander received
recovery at that time – from WorldCom’s statutes. Boies and fellow New York partners enthusiastic commendation from sources for Nick Gravante and Lee Wolosky are leading 222 BENCHMARK
skill in the insurance area to represent SCOR Greenberg/Starr matters, which comprise 27 in potential claims totaling $700 million in relation to the client’s role as a reinsurer of Barenholtz, whom peers and clients refer to the property insurance coverage issued to the as “superstars.” Levine heads the New York arbitrations pending in both the US and the leaseholder of the World Trade Center before office and is recognized for bringing “a UK, and the investigations by the New York September 11. Retained by AllianceBernstein breadth of white-collar criminal expertise” Attorney General, as well as the SEC and the five years ago for help in a series of suits and to the firm and also was commended for his Department of Justice. Boies also recently financial transaction work. Levine led the obtained a favorable verdict for Lloyd’s of collapse, the firm has since helped the client defense of St Paul Fire and Marine Company London and other insurers regarding issues billion dollars’ worth of potential exposure $1 billion claims made by JP Morgan Chase attacks and is also representing American and continues to represent this client in the Express in an antitrust action against Visa, ongoing mutual funds investment litigation.
favorable settlement for his clients.
The firm also took a lead role in the IPO banks. Flexner is also active in the area of securities litigation defending Merrill Lynch department and her wide practice focuses on and secured a ruling vacating the certification domestic airline in an antitrust suit filed by of six securities fraud classes. Partners have and internal investigation, and intellectual also gone to bat for Carrefour and Siemens property litigation. In a recent tribute to her include Goldman Sachs & Company, AT&T skill, Barenholtz capped a string of victories for client WhenU.com with a ruling rejecting Cleary Gottlieb Steen & Hamilton was
department and is upheld as a well-respected trademark infringement claims against the client and reversing a previous preliminary “unmatched” for litigation expertise. The United States Attorney in the Eastern District injunction against it. William Schwartz also firm has offices in New York and Washington earned nods as a “firm leader” and chairs the DC, in addition to 10 international offices, experience in white-collar criminal defense, white-collar and regulatory defense group.
and peers agreed that the litigation team has He is representing one of the city’s merchant “a great reputation.” The New York office routinely handles appeals. David Lindsey is
bankers charged with violating the Foreign handles litigation and arbitration across areas such as securities and derivatives, banking international arbitration authorities. Mark transferring $87 million from sales of oil Holland is a firm standout for his expert securities conflicts, and he has counseled “Washington classic” Covington &
regulatory, insurance coverage and products clients including Merrill Lynch, Citigroup, JP Burling has built a strong New York
reputation based on the “uniform quality of their partnership.” Established in 1983, the New York partner Max Gitter is ranked as
Sources report that the New York office of office has “grown by acquisition” in recent newly formed Cooley Godward Kronish has
years, adding to a team of “great people.” “gotten excellent results in many pieces of With strong ties to the city’s corporate and colleague David Brodsky is well known for litigation” and expect continued greatness financial institutions, partners in New York contribute greatly to the firm’s nationally criminal defense and internal investigations leading California firm Cooley Godward and prominent international arbitration practice “well-respected” New York firm Kronish and peers report “they’re terrific” in the during his tenure in the US Attorney’s Office Lieb Weiner & Hellman brought expertise to for the Southern District of New York.
a litigation department already known for its Partner Lawrence “Larry” Friedman is active stalwart intellectual property, venture capital, criminal investigations by the SEC and the in intellectual property disputes, and is securities, bankruptcy and tax litigation representing Ricoh Company of Japan in two practices. Partners taken on in the fusion firm’s “very busy practice” also plays well in intellectual property matters and securities modular business office device and facsimile class actions and recently secured a favorable and laser print technology. He previously won trial verdicts for the company in patent justice officials and also strengthened the infringement suits relating to photocopier firm’s transactional litigation capabilities. In class actions and derivative suits stemming one testament to the firm’s ability, partners from the client’s $5 billion restatement of represented ACE Cash Express in regulatory through the first contested action involving matters, Barclays Private Equity France in the SEC’s Regulation FD. In this widely securing the dismissal of claims brought by followed matter, deemed by many to be SEC Aaron Marcu is a nationally renowned
the former controlling shareholder of the bullying, the firm successfully secured the white-collar criminal authority. A former allegations of legal malpractice for a large company and two of its senior officers had District of New York, Marcu heads the firm’s law firm in New York State Supreme Court. violated the rule. The firm also represents a white-collar defense and investigations group long list of financial clients, including AIG, and also focuses on SEC enforcement cases based Clifford Chance boasts 38 partners and
for the likes of Pfizer, Goodyear, Philip 85 associates in its litigation department. The full-service firm has claimed an undisputable Clients said “they’re fantastic” and “we love recognize senior partner Jack Levin for his place within a tight circle of top international them.” Said one: “We’re probably a pretty standout representation both of plaintiffs and small account for them, but we’d never know it – they’re conscientious of our budget and arbitration matters. Mark Gimbel closes the reinsurance practice. Partners are using their firm’s tight circle of top New York talent. He The definitive guide to America’s leading litigation firms and attorneys 223
Securities work is a staple and partners are complex commercial wins with the successful restatements, and are representing Parmalat in multi-district litigation related to the Capital Markets in multidistrict litigation secured summary judgment for Merrill Lynch company’s bankruptcy. Notable antitrust stemming from the collapse of a $2 billion matters include class-action defense related to office is bolstering its intellectual property Despite a “challenging year” thanks to a group, which earned praise for its all-star Corporation in monopolization counterclaims failed effort to merge with Orrick Herrington & Sutcliffe, market insiders say Dewey
Motorola, Johnson & Johnson, Microsoft Peers and clients recommended George
Ballantine’s New York headquarters remains
and St Jude Medical. The firm is likewise Davidson for his wide range of litigation
one of the city’s strongest sources for active in accountants’ liability and First experience. Davidson matches his securities litigation counsel. Peers commend the firm for a strong antitrust practice, fortified last such as Dow Jones in the latter area.
professional liability. Products liability year by the addition of the group’s co-chair “Celebrity litigator” Randy Mastro serves
litigator Theodore “Ted” Mayer earned
and former Weil Gotshal & Manges partner as co-chair of the firm’s litigation and crisis management practices and is commended for partner in Merck’s Vioxx litigation. Partner representing Omnicare in its pending price- his broad trial capabilities, most prominently Steven Hammond also received
fixing suit against United HealthGroup and PacifiCare Health Systems. Partners also used securities and complex civil litigation. He is Hammond is one of the New York office’s top partners in international arbitration work dismissal of a shareholder derivative action Square Garden in litigation that successfully and he boasts strong familiarity with the filed against Omnicare’s board of directors.
defeated the construction of the proposed Latin American market. Norman Kleinberg is
West Side Stadium project. Josh Krevitt
standout area of strength and the firm is recently joined the group from Weil Gotshal litigation experience. He recently earned a & Manges and serves as the national co-chair dismissal of claims for Royal & Sun Alliance government investigations. Additional clients of the intellectual property practice group.
range from Panasonic of North America and Peers credit him with greatly bolstering the The busy New York office of Jones Day
firm’s patent litigation influence through his representation of high-profile clients such as the international firm’s practice. The firm’s Harvey Kurzweil and Jeffrey Kessler co-
chair the firm’s litigation department and are forefront, and New York attorneys recently both upheld as leading trial lawyers.
represented Mitsubishi in New York Supreme Kurzweil is known for “a fair amount of products liability” work and also brings his Orin Snyder’s strong copyright and trade restraining order and preliminary injunctive experience to clients involved in a wide array secret profile. As co-chair of the media and relief. The dispute involved a multimillion- of matters ranging from insurance coverage entertainment group, Snyder has represented dollar international letter of credit. The firm an impressive list of entertainment industry has served as counsel to Lehman Brothers in antitrust litigation. Recognized for a “very clients, including recording artists Bob Dylan, The Rolling Stones and Maria Carey as well renowned skill in taking antitrust matters to court. He is also recognized for considerable Entertainment and Warner Music Group.
represents Union Excess against fraud action expertise in sports controversies and recently Orin also serves as vice chair of the crisis representing a casino entertainment company Attorney General’s investigation of record one of New York’s top litigators, Richard
Day’s firmwide strength in products liability Reinthaler maintains a broad practice and
as well. New York litigators defended King represents corporate clients such as PG&E Clients said litigators at Hughes Hubbard
Pharmaceuticals in a drug product liability and Novartis. He handles a steady amount of & Reed draw upon the firm’s wide range of
strengths to provide “great results.” “They Tobacco in a class-action suit concerning negotiated acquisitions for clients including devised a great strategy,” one client said.
“light” cigarette marketing, as well as in a “They were competent and creative about Justice. Jones Day products liability litigators plaintiffs in.” Clients also praised the firm’s also received a directed verdict for Brown & office, which has more than doubled over the thorough approach with clients. “I like to get Williamson Holdings in one of Long Island’s past decade, Los Angeles-based Gibson Dunn
business advice from my litigators and they first smoking and health cases. Antitrust & Crutcher has come to be known as a firm
can do that,” said one client, adding that litigators represent Abbott Laboratories and with strength “from coast to coast.” Peers “their litigation and off-the-cuff advice is very say partners here are “on top of their game” solid.” Strength areas include the firm’s firm’s patent litigation team has represented “professional, diligent and committed.” The liability practice, an established international firm’s “tremendous antitrust practice” is busy group, and, according to clients, “great antitrust advice.” Recent matters include the liability, antitrust and intellectual property firm’s defense of Merck in cases related to the groups, Kaye Scholer has maintained its New
drug Vioxx, and defense of Viacom in a mass York office’s strong reputation. “They have followed ongoing antitrust matters, which is toxic tort in West Virginia. Securities litigators good litigators,” one peer said. Notable scheduled to go to trial in April 2009.
are defending Dynegy in a derivative action matters include the firm’s successful defence 224 BENCHMARK
Home Depot, in litigation related to Richard Grasso’s compensation. Naftalis is also infringement and is also representing AOL in application to sell a copy of the drug, but the representing the largest equipment rental another patent infringement action in the judge ruled strongly in favor of Pfizer. Other Northern District of Illinois, in connection intellectual property victories include the with the Windy City’s claims that AOL’s infringing. New York attorneys also helped praised litigators outside of the firm’s white- to lead an internal investigation for Beckman, collar practice. “Harold Weinberger is among
as outside counsel to the Audit & Finance damages. The litigation team also represented the top litigators in the city or country,” one Committee of the board of directors, into Pfizer in the denial of certification of a class client said. Weinberger specializes in false advertising cases related to the Lanham Act.
He has defended brands including Crest’s Whitestrips, Reach dental floss and Acuvue securities, class-action and professional defense work of Michael Dell. Dell is
California powerhouse Morrison &
representing a hedge fund against class-action Foerster’s entry into the New York market. In
allegations of stock manipulation. He has its limited time in the state, the firm has constructed a highly respected practice of numerous class actions, and broker-dealers in which one peer said: “I’m a fan, not just of Competitors singled out products liability customer and other securities and derivatives- the quality of the work, but of their integrity and class-action litigators Jay Mayesh and
and responsiveness to the issues.” About 50 Steven Glickstein, who co-chair the firm’s
Latham & Watkins was praised by clients
for the consistently “bright, capable and practice from this office, and the firm is litigation in a number of industries. He has effective teams” of attorneys it sends to tried silicone breast implant cases for Baxter handle complex litigation matters. From its important lateral partners over the past year.
Healthcare, automotive products liability roots as a small Los Angeles firm over 70 Clients report the team is “very adept at cases, heavy truck liability cases for Navistar years ago, Latham has expanded to include handling complex multi-party litigation,” particularly securities matters, as evidenced Upjohn Company and Pfizer. Glickstein also including about 555 US litigation attorneys.
by the firm’s role as counsel to 35 issuers and liaison counsel to 310 defendants involved in numerous products matters, including Pfizer’s litigators are based in the firm’s largest the IPO securities litigation in the Southern District of New York, which is said to be the Kramer Levin Naftalis & Frankel has
largest set of consolidated securities class smaller numbers than the local offices of actions ever brought. One of the first general York litigators are especially adept in the commercial firms to make a serious play for the intellectual property work previously criminal and securities litigation, is as intellectual property and products liability, significant as some of its largest competitors.
and one client applauded the firm for the recognized for its skill in the area, the firm “They are very good at what they do,” one way its attorneys “stepped in, took charge, peer said. Most notable is the firm’s defense and defended us successfully, enabling us to representing Pioneer in a patent dispute with Samsung. Morrison & Foerster also attracts a shareholder action protesting the hiring, Co-chair of the firm’s securities litigation lot of antitrust work and represents Bank of and professional liability group, David
America in its credit card interchange fee and president Michael Ovitz. Other white-collar Brodsky, is recognized as a national
Peers “highly recommend” Jack Auspitz, accounting firm in US securities and other co-chair of the firm’s national securities and white-collar group. He is representing The international bankruptcies in recent history.
Hartford Insurance Company in class actions White-collar litigators are also counseling the Brandt is chair of the New York litigation relating to contingent commissions. Clients co-founder of a retail chain and the president report that co-chair of the financial services of an investment bank in litigation related to Brothers and UBS Securities in securities group Mark Ladner is active in a number of defends banks and other financial institutions addition to the firm’s white-collar work, Deutsche Bank in insolvency litigation, and against class-action claims and is leading the litigators have handled important matters in Continental Airlines Creditors Committee in investment firm in class-action antitrust and In antitrust matters, Latham’s New York defendants and related Department of Justice as a coup for the firm. Orr handles a broad Department of Justice (DOJ) investigation range of matters and is recognized for his securities and antitrust skill, while Esposito is Gary Naftalis. “Gary is very good and
counted among the firm’s “rising stars.” definitely one of the best in town,” peers said.
very favorable terms for Hearst. Intellectual The New York office of Orrick Herrington
Naftalis headed Eisner’s defense, and has a property litigation has been active as well.
& Sutcliffe is the largest of the firm’s nine
full book of business in high-stakes white- (AOL) in a patent infringement action filed lawyers, many of whom practice within the represents Kenneth Langone, co-founder of firm’s “excellent” litigation department.
The definitive guide to America’s leading litigation firms and attorneys 225
Sources cite the growing group, which added three partners in 2006, for its depth. One Gardephe is representing the Associated Press attacking any issue, but whose skills are also said: “You can ask the firm for help in focused, as in the case of co-chair of the various disciplines and they’ll always have regarding the 2005 arrest and detention by firm’s corporate defense and investigations stellar people.” Peers recognize the firm’s US military officials of Iraqi AP photographer practice group, partner Robert “Bob” Cleary.
strong intellectual property and employment Bilal Hussein, despite the military’s failure to One competitor said: “I think the world of charge Bilal with a crime or present evidence Bob Cleary.” He concentrates in SEC and products liability practice. In 2004, partners against him. Gardephe traveled to Iraq to related enforcement matters, white-collar represented Union Carbide Corporation in an asbestos liability case in the plaintiff-friendly Michael Mukasey rejoined the firm in
complex civil litigation, tax disputes and Eastern District of Texas and successfully September 2006, after having served as Chief internal investigations, and has acted in secured a jury verdict clearing the client of the $6 billion in potential damages sought by Southern District of New York, and he and partner Saul Shapiro were characterized as
securities practice is also strong and is being “wonderful and very smart.” Firm co- involved in a number of options backdating Johnson & Son and the Metropolitan Transit cases. Partners recently obtained dismissals of described as “a first-rate trial lawyer and a both a federal securities class action and a great strategist” by one client, and he focuses matters, and is representing Footlocker, RCN state shareholder derivative action alleging in antitrust, patent and general commercial litigation. He is representing Wells Fargo and Market sources said that Shearman &
directors and officers of client Siebel Systems.
achieved a substantial settlement for a loyal Sterling is increasing its influence in the New
Clients appreciate the firm’s responsiveness client of the firm, TAP Pharmaceuticals.
York marketplace. “They are coming up,” and one said: “They embed themselves in the Patent specialist Stuart Pollack was lauded by one peer said. Clients were satisfied with the organization they’re representing so much firm’s calculated approach to litigation.
that some of their partners almost feel like in operation” in complex patent cases.
“They executed a strategy so well that we’ll Managing partner and co-chair of the firm, be able to get out of the entire thing,” said Managing partner James “Jim” Stengel is
Robert “Bob” LoBue, was hailed by another one client. The firm focuses in securities, recognized as a leading class-action lawyer client as “terrific, not just for litigation, but antitrust and general commercial matters.
and leads the firm’s representation of the for avoiding it.” LoBue was also described by Shearman litigators have represented Merrill clients as being “first-rate and responsive” Lynch extensively and recent work includes a with “a clear sense of the difference between series of matters involving the sale of its legal and business issues and the ability to energy trading business to Alleghany. After a litigation relating to the use of Agent Orange talk in matter-of-fact, plain English.” Clients bench trial, the district court ruled in favor of during the Vietnam War. Clients report being impressed with Daniel “Dan” Thomasch.
considerations into account” and “he just damages in excess of $115 million. The firm gets it.” Senior partner Gregory Diskant also recently represented Morgan Stanley in infringement and products liability claims focuses on complex commercial, intellectual the court of appeals. Antitrust clients for the and serves as lead trial counsel for Wyeth in property and securities litigation, and one Therapeutics and the Thomson Corporation.
tremendous desire to be the best” and being “astounding in patent work,” adding that development of autistic disorders. Thomasch “he has an incredible resume, but he’s Bar/Bri tied its multi-state Bar review course recently secured summary judgment for this to state-specific review courses. General information.” Partner Steven Zalesin is active commercial matters include representation of in intellectual property, false advertising and companies in failed mergers and acquisitions and other matters, and firm clients include Patterson Belknap Webb & Tyler houses
obtained a series of rulings in six states Johnson & Johnson, Con Edison and Boston denying certification of putative classes of Scientific. New York litigators also play an integral role in firm-wide Foreign Corrupt deceived by his client’s advertisements. Practices Act work for multinational clients. quality people and a great reputation.” Other recent cases include the firm’s more Clients overwhelmingly agree, and are eager than six-year representation of Cendant in its litigation head Stuart “Stu” Baskin. “He
litigation with Ernst & Young, a victory for stays pretty involved,” one client noted.
explained that “one of the best things about Johnson & Johnson regarding its average “He’s a very able, smart guy. He can do Patterson Belknap is that it’s a very selective wholesale price multidistrict litigation in litigation and regulatory criminal work. He firm and maintains quality control, so the has a nice background and he’s up there, defending some of the nation’s largest law definitely.” Baskin served as lead trial counsel extraordinary.” Another client attested that for Merrill Lynch against Allegheny Energy; “everyone at the firm is outstanding, we’ve With seven US offices, as well as posts in he also represented Merrill Lynch in securities Paris and Brazil, Proskauer Rose is well
Patterson Belknap is particularly renowned company’s relationship with Enron. He has for its intellectual property and media and matters. The firm’s litigation and dispute class actions arising from Firestone tire clients such as ESPN, Island Def Jam Music lawyers nationally, and is adept in areas matters, and represents Nortel Networks in including securities, contract and antitrust class actions and regulatory investigations.
matters, as well as intellectual property, Clients said Herbert “Herb” Washer is a
practice areas include white-collar crime and bankruptcy, insurance coverage counseling “master of the facts.” “He works very well government investigations, and chair of the and litigation, and ERISA litigation.
with other lawyers,” one client noted, “and is firm’s litigation department and white-collar Proskauer prides itself on having a mix of terrific at persuading a group and a very 226 BENCHMARK
thoughtful guy.” Washer has represented ultimately securing the US Court of Appeals Merrill Lynch extensively, and also worked represents clients in matters including the for the Eight Circuit’s affirmation of the for Credit Suisse in a shareholder class action defense of issuers, their offices and directors district court’s denial of class certification concerning investment in the Philadelphia and reducing Syngenta’s potential exposure.
representation of investment companies and Litigators in Sidley Austin’s New York
commercial litigation practice and is lead management fee, and transactional issues. counsel on one of the largest multi-district strengths in complex commercial, antitrust litigation securities fraud cases ever filed, Stroock also drew praise. The firm represents involving client Ahold’s disclosure of an about $1 billion overstatement of earnings and also is defending Bank of America in a financial guarantee, advertising, directors’ and officers’, errors and omissions, fidelity, Communications Corporation, which is said liability and property issues. Recent matters to be one of the largest and most complex million in conjunction with the company’s cases ever brought in the Southern District of Continental Casualty against select Lloyd’s of firm also has seen a recent boost in Korean litigation. In the Southern District of New Hale & Dorr and Washington DC stalwart York, Sidley represented the largest Korean Wilmer Cutler Pickering brought together a commercial bank in defense of a $50 million total of more than 1,000 lawyers in 11 US headquartered White & Case enough. The
firm’s litigation experts were noted for their WilmerHale. Peers say this firm’s New York
actions alleging inadequate disclosures, and “preparation, attention to detail and deep practice is “first rate” and count its securities involvement” in cases, and several clients group, which has been deeply entrenched in alleging securities and antitrust violations in attested that White & Case litigation teams recent years in the IPO litigation on behalf of “considerably out-lawyer the other side.” Credit Suisse and Citigroup Global Markets, antitrust team represents Bear Stearns and One happy client noted the firm’s deep bench, T-Mobile in class-action matters, and the generation has rejuvenated” the firm’s growing intellectual property group counts superbly prepared and able to lay their hands “longstanding national antitrust reputation,” GlaxoSmithKline among its clients. The firm on a particular document within seconds,” and peers say these “antitrust specialists” also has retained a post-merger relationship adding that “the White & Case team left the appear “in a lot of litigations.” Of particular opposition for dead.” Still other clients said note is the firm’s role in obtaining a ruling Robert “Bob” Pietrzak
they choose the firm because the attorneys are “practical, professional and responsive,” blocking investors from using antitrust law to general commercial practice. Pietrzak’s which creates “the ideal relationship for other Wall Street banks implicated in the IPO representation of Merrill Lynch, Deutsche White & Case boasts a national reputation litigation mentioned above. Partners also for proficiency in international arbitration support the firm’s traditionally strong investment banks in securities class actions.
matters, and New York partner Paul
intellectual property practice, which market Friedland boosts the firm’s status in this area.
As co-head of the international arbitration country’s best. Additional firm clients include practice group, Friedland has been involved DaimlerChrysler, General Electric, HSBC and colleague, Joel Mitnick, earned praise as well,
in a range of international arbitration, chiefly in the oil and gas, power, telecommunications working on IPO fee antitrust litigation for and construction industries. The New York partner Roger Witten is one of the firm’s
office is also adept in the areas of antitrust standout trial lawyers and a leader in the representing Deutsche Bank Securities in an state. He covers a wide range of litigation antitrust class-action matter. Mitnick’s matters has obtained the reversal of a district matters and recently led Titan, Invision and expertise includes his work for the People’s court’s dismissal of an antitrust suit for ABB in Foreign Corrupt Practices Act cases.
In practice for more than 30 years, co-chair of the securities department Robert McCaw represents Pfizer in ongoing patent-related was repeatedly hailed as a “very smart and Stroock Stroock & Lavan is best known for
good litigator” and a leader of the securities two of its New York practices: securities outcome in an infringement suit against Teva Bar. Paul Engelmayer is described as “an absolutely superb litigator.” One competitor litigation. “I like the people there,” one peer In general litigation matters, head of the said: “I’ve known him since I was eight and said. In securities litigation, Stroock has a 600-lawyer global disputes practice, Vincent I’ve admired him all that time; he’s a great client list that runs the gamut of influential “Vin” FitzPatrick, recently represented trial lawyer.” Christopher “Chris” Lipsett securities companies, including Bear Stearns, Syngenta Seeds in a price-fixing case filed also is credited with handling a lot of the Credit Suisse, Jeffries & Company, Keefe against the company and a co-defendant by a complex antitrust work that comes through Bruyette & Woods, Lehman Brothers and The definitive guide to America’s leading litigation firms and attorneys 227
Bernstein Litowitz Berger &
The New York Times Building, 620 Eighth AvenueNew York, NY 10018 Grossmann LLP
Aaron Marcu is head of Covington & Burling’s White Collar Defense and Investigations practice, one of the premier white collar groups in the United States. He has been repeatedly named one of the nation’s leading criminal Website: www.blbglaw.com
defense and SEC enforcement lawyers by surveys and publications in theUnited States and internationally, including International Who's Who of Managing partners: Max W Berger, John (Sean) Coffey
Business Crime Lawyers, Best Lawyers in America, Chambers USA:Americas Leading Business Lawyers, and New York SuperLawyers. Mr.
Number of partners: 13
Marcu defends public companies and their executives in white-collar Number of counsel: 7
criminal and SEC enforcement investigations and conducts internal Number of qualified lawyers: 27
investigations. Representative clients include: UnitedHealth Group, Pfizer,Goodyear, Adelphia, Delphi, Bausch & Lomb and Société Générale. He Firm profile:
also frequently advises audit committees and special committees in A distinguished group of trial-tested litigators, Bernstein Litowitz Berger & sensitive matters. Before entering private practice, he served as an Grossmann (BLB&G) handles complex commercial litigation for corporate, Assistant United States Attorney in the United States Attorney’s Office for institutional, and private clients on a contingency fee basis. BLB&G is the the Southern District of New York from 1983 to 1989. Marcu successfully leading law firm worldwide advising institutional investors in issues related prosecuted leaders of the mafia while in the Organized Crime Unit and to corporate governance, shareholder rights, and securities litigation. We then served as Chief Appellate Attorney, Chief of the Major Crimes Unit provide comprehensive asset protection services, including portfolio and finally as the Associate United States Attorney. He received his BSJ monitoring, to over 100 of the most significant and respected public With Highest Distinction in 1977 from Northwestern University’s Medill pension funds and private institutional investors in North America and School of Journalism and his JD, cum laude, in 1980 from Harvard Law abroad. Since its founding in 1983, BLB&G has obtained over $20 billion in recoveries for investors, achieved precedent-setting corporategovernance reforms on behalf of its institutional investor clients, and has Mayor Rudolph Giuliani appointed him Commissioner of the New York City prosecuted some of the most significant employment discrimination, civil Civilian Complaint Review Board in 1995, responsible for investigating rights, and consumer protection cases on record.
allegations of brutality and misconduct by the New York Police Department,and has served on many other boards.
Areas of practice:
Antitrust, Consumer Fraud, Corporate Governance and Shareholder
Rights, Derivatives and Specialty Investment Products, Distressed Debt
and Bankruptcy, Employment Discrimination and Civil Rights, ERISA Fraud,
False Claims-Qui Tam, Patent Infringement and Protection, Securities
Fraud
Other offices:
San Diego, CA; New Orleans, LA; Westfield, NJ
228 BENCHMARK
Mr. Dell is an experienced trial and appellate lawyer who serves as lead Gary P Naftalis is a co-chair of Kramer Levin Naftalis & Frankel LLP, where counsel in securities, accountants and auditors liability, commercial, real he heads the firm’s litigation practice.
estate, insurance, ERISA, fiduciary and employment class action and otherlawsuits. He also conducts arbitrations and mediations. In addition, Mr. Dell One of the nation’s leading trial lawyers, he represents individuals and represents clients in connection with investigations and enforcement corporations in complex civil, criminal and regulatory matters, including proceedings before federal and state agencies and self-regulatory those involving allegations of insider trading, market manipulation, organizations. Although Mr. Dell most often represents defendants, he has accounting irregularities and other financial fraud. He was selected recently obtained significant judgments or settlements for plaintiffs.
as one of the 100 most influential lawyers in America by The National LawJournal and one of the 10 Leading Trial Lawyers in the United States by Among his recent representations are the following: Defense of Deloitte Touche Tohmatsu in the Parmalat MDL litigations.
He recently successfully defended Michael Eisner, the CEO of The Walt See 2007 WL 2120279; 2007 WL 2263893; 477 F.Supp.2d 602; 477 Disney Company, in the shareholders derivative lawsuit relating to the F.Supp.2d 637; 2007 WL 1169217 (SDNY 2007). hiring and termination of Michael Ovitz. After a 37 day trial in the DelawareChancery Court, Mr. Eisner and the other Disney Directors prevailed on all Defense of Citco Fund Services in a market manipulation securities counts. The Disney case was chosen as one of the top defense wins of fraud action. See 2007 WL 1989336 (2d Cir 2007).
2005 by The National Law Journal. Defense of Northern Trust Company in an ERISA class action. See 426 During his 30+ year career he has successfully represented numerous securities industry clients, including Salomon Brothers, Kidder, Peabodyand Canary Capital Partners. He has been counsel for significant figures Defense of Goldman, Sachs & Co in NASD and NYSE securities and entities in investigations and litigation concerning corporate arbitrations and litigations. See 2005 NASD Arb LEXIS 1596; 382 accounting irregularities, including the recent successful representation of F.Supp.2d 1112 (D Mo 2005); 2003 NYSE Arb LEXIS 52.
the Chairman and Founder of Global Crossing.
Defense of Aetna, Inc in commercial litigation. See 27 AD 2d 439 (2d Mr. Naftalis is a Fellow of the American College of Trial Lawyers. He served as Deputy Chief of the Criminal Division in the U.S. Attorney’s Office forthe Southern District of New York. He is the author or co-author of Defense of Phipps Houses against litigation concerning withdrawal numerous books and articles, including the leading work on the grand jury from the Mitchell-Lama Program. See 6 NY 3d 783 (2006).
system: The Grand Jury: An Institution on Trial (with Judge Marvin EFrankel).
The definitive guide to America’s leading litigation firms and attorneys 229
KRAMER LEVIN NAFTALIS & FRANKEL LLP1177 Avenue of the Americas Patterson Belknap Webb & Tyler
Harold P Weinberger heads Kramer Levin’s Advertising Group and is oneof the country’s leading practitioners in the field. He has been lead counsel in the litigation of many significant false advertising cases under Section 43(a) of the Lanham Act, representing both plaintiffs and defendants. Mr.
Website: www.pbwt.com
Weinberger has also defended class actions alleging that consumers weredefrauded by false advertising claims.
Firm co-chairs:
Mr. Weinberger’s recent false advertising matters include his successful representation of McNeil-PPC, Inc, the manufacturer of Reach® dental Litigation department chair:
floss, in which he obtained an injunction against Pfizer, Inc., the manufacturer of Listerine® mouthwash. He obtained a judgment on behalfof Johnson & Johnson enjoining CIBA Vision Corporation from making false Firm profile:
claims comparing its O2OPTIX® contact lenses with ACUVUE® lenses More than half the attorneys at Patterson Belknap Webb & Tyler are and also awarding corrective advertising. Mr. Weinberger represented devoted to litigation. Our litigating partners have tried hundreds of cases, AstraZeneca in a false advertising dispute with TAP Pharmaceutical, in including many of the most complex in their fields. The group is active in a which he defeated a preliminary injunction motion seeking to enjoin variety of industries and practice areas, including intellectual property such AstraZeneca’s “Better is Better” comparative advertising campaign for as patents, false advertising, trademark and copyright; subprime mortgage; Nexium®. He also obtained a verdict dismissing a complaint of Colgate- financial litigation; products liability; media and entertainment; law firm Palmolive, Inc that advertising claims by The Procter & Gamble Company defense; antitrust and government investigations. comparing its Crest Whitestrips® tooth bleaching product to Colgate’sSimply White® product were false or misleading.
Patterson Belknap’s litigation practice is both broad and deep. Our whitecollar defense and investigations practice is headed by the former chief Mr. Weinberger has spoken on issues relating to advertising at cosmetics appellate attorney of the US Attorney’s Office for the Southern District of and pharmaceutical industry legal conferences and at ABA, PLI and other New York; it now also includes both the former Chief Judge of the CLE seminars. He has authored numerous publications on the Lanham Act Southern District and a past Attorney General of the State of New Jersey.
and related false advertising issues. Mr. Weinberger is a Lecturer in Law at Our patent group continues to enjoy a long string of trial successes, Columbia University Law School, where he teaches a seminar in false including the two largest patent verdicts in one year. Our litigators pioneered the law of false advertising and have represented consumerproducts companies in many of the false advertising cases decided by theUnited States Court of Appeals for the Second Circuit in the past twodecades. Our employment litigators have defended numerous companiesin matters involving non-compete agreements, trade secrets, confidentialitybreaches, discrimination claims, ERISA and independent contractor issues.
We also have a burgeoning practice defending law firms facing claims oflegal malpractice. Some of the top firms in the nation turn to us when theirown integrity and business are on the line.
230 BENCHMARK
Of counsel in the Litigation Department, Martin London has an extensive David M Covey is a partner at Sedgwick and a prominent litigation and trial practice that encompasses broad litigation issues both domestically and attorney. He co-chairs the firm’s Mass Tort & Complex Litigation Practices internationally, involving both criminal and civil matters. Mr. London’s civil group. Mr. Covey focuses his nationwide practice on products liability, experience includes trials and litigation of numerous commercial cases environmental and toxic torts, mass tort, class actions and complex involving antitrust, breach of contract, tortious interference, real estate, litigation. He has been lead counsel and first chair trial attorney in product liability, securities laws, environmental laws, insurance, numerous matters of significance for his clients for more than 25 years. Mr.
administrative law and miscellaneous torts. His criminal representations Covey possesses extensive experience in successfully representing diverse include that of Vice President Spiro Agnew in connection with criminal corporate clients in matters involving pharmaceuticals, medical equipment, charges brought against him that led to his nolo plea and resignation. He chemicals, automotive products, construction machinery and industrial has also served as counsel to the Special Litigation Committee of a mutual equipment. One of his defense verdicts was cited by the National Law fund Board of Directors respecting shareholders’ derivative litigation, and Journal as a “Top Win for the Defense” in 1998.
defended numerous securities litigations for a number of clients thatinclude New York’s largest investment banks. Furthermore, Mr. London has Mr. Covey serves as national counsel to a leading chemical manufacturer in represented Citigroup with various lawsuits arising out of the WorldCom an MDL litigation. He is lead counsel and national coordinating defense collapse, and is representing Chubb in a number of 9/11-related cases. A counsel to a prominent pharmaceutical company. Mr. Covey is national fellow of the American College of Trial Lawyers, and a recipient of the counsel for this client in an MDL in over 2,400 opt-out cases pending Award for Outstanding Oral Advocacy, presented by the Office of the throughout the country and in four class actions pending in Canada. He is Appellate Defender, Mr. London has been twice appointed special trial also lead defense counsel for a major medical device manufacturer. He has counsel by special New York judicial tribunals to prosecute judicial served as national trial counsel in numerous other matters and has a misconduct cases. Mr. London has lectured extensively, including a talk significant record of success in bringing Daubert motions.
given during the national meeting of the Securities Industry Association onthe intricacies of the Private Securities Litigation Reform Act. Mr. London Mr. Covey is a Fellow of the International Academy of Trial Lawyers and a graduated cum laude from the New York University School of Law in 1957, member of the American Board of Trial Advocates (ABOTA), American Bar where he was a member of Law Review.
Association, Defense Research Institute and New York State BarAssociation. He is listed in “The Best Lawyers in America” (2006 & 2007) (category:Mass Tort Litigation) and “The Best Lawyers in New York,” New YorkMagazine (August 2005 & July 2006) (category: Mass Tort Litigation).
The definitive guide to America’s leading litigation firms and attorneys 231

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