What We Do

We operate a national practice, litigating complex commercial disputes in state courts, federal courts, and arbitral fora throughout the country. Our lawyers frequently represent clients in high-value breach of contract actions, as well as cases involving alleged breaches of fiduciary duty and fraudulent transfers. Other areas of focus include:

  • Antitrust litigation
  • Securities litigation
  • Employment litigation
  • Intellectual property litigation
  • Partnership & joint venture disputes
  • Real estate litigation
  • Corporate governance litigation

But our essential talents—identifying and exploiting our adversaries’ pressure points and translating complex subjects into clear storylines—apply to the full panoply of commercial disputes.

Who We Represent

  • Investment funds, private equity funds, other asset managers, and their limited partners.
  • Portfolio companies.
  • Public and private corporations of all sizes.
  • Real estate developers, operators, and financiers.
  • Employers.
  • Executives, officers, and other high-net-worth individuals.

Why We Win

We turn thorny factual backgrounds into compelling narratives, a skill that becomes most valuable in the most complex litigation matters. We tailor our presentation to the relevant audience—whether it be a judge, jury, panel, or arbitrators. Most importantly, we develop themes that not only satisfy the legal requirements for establishing (or defeating) a cause of action but persuade the decision maker on an emotional level.

Our lawyers have represented:

  • Lenders of $725 million to SunEdison, once the world’s largest renewable energy company, in actions against KPMG for misrepresentation of internal controls over financial reporting, and Deutsche Bank Securities, Inc. for fraudulent inducement.
  • A financial services company in defending claims of unfair competition and trademark infringement arising out of purported brand confusion.
  • Deka Immobilien Investment, a real estate asset management company, in an action to recover $136 million paid on a guarantee after the borrower defaulted.
  • MF Global, a commodities brokerage firm, in a $3 billion accounting malpractice action against PwC, which settled dramatically mid-trial in the U.S. District Court for the Southern District of New York.
  • TerraForm Power, the owner and operator of renewable power assets, in a contract dispute with two major private equity funds over a purported $231 million earnout payment.
  • A travel company in a $100 million action against a multinational bank for misappropriating a travel deal distribution platform.
  • A prominent New York City real estate developer in litigation over the purchase and sale of air rights.
  • A former executive of a national paper manufacturer in negotiating a post-termination separation agreement.
  • MatlinPatterson, a global asset manager, and certain principals, in securing the dismissal of $123 million breach of fiduciary duty claims brought by a minority shareholder of portfolio company DuCool. 
  • An apparel industry technology firm in multiple arbitrations and litigations raising breach of contract and fiduciary duty claims involving Platinum Partners and its affiliates.
  • Fairfax Financial Holdings, a publicly traded company, in a civil RICO action against participants in an illegal short-selling scheme involving defamatory and fraudulent market reports, financial news articles, and internet publications.
  • Three investment funds in defending against fraudulent transfer claims arising out of their receipt of substantial redemption proceeds.
  • Cornwall Capital (featured in Michael Lewis’ “The Big Short”) in litigation arising out of an ISDA credit default swap referencing Bear Stearns; the case settled before discovery.