Litigation
The firm's litigation group is uniquely qualified to handle complex commercial claims in an efficient, creative and cost-effective manner. By design, the group functions as a unit, without the typical hierarchy of multiple partner and associate levels.
The litigation group prides itself on its careful, thoughtful approach to the special needs of each client and subtleties of each case. We know that some cases demand an unyielding, aggressive posture that employs every available resource and tactic, while other clients are best served by a more temperate approach.
We have engaged successfully in a wide range of large and small litigations in federal and state court, as well as arbitrations and mediations, on behalf of our domestic and foreign clients.
Advisory services also are an important aspect of the litigation group's mandate. In this context, we analyze commercial and financial transactions to anticipate potential legal issues, including insolvency and bankruptcy-related questions. For international and domestic corporations and their boards of directors, we are regularly engaged to conduct internal investigations and audits and to provide counsel on such issues as disclosure obligations and potential liability of officers and directors.
Civil Litigation
We have appeared for plaintiffs and defendants in cases of broad diversity ranging from clients engaged in heavy industry and mining to companies in financial services, hotel services, energy, real estate and high technology. Our work has included takeover misconduct, inter-bank disputes, breaches of fiduciary duties, employee discrimination, broken sales contracts, shareholders' rights, the federal RICO statute, the recovery of stolen art, the enforcement of security interests, protection of trade secrets, product liability, antitrust and real estate disputes. Recent assignments have included asserting price-fixing antitrust claims against the international cartel of vitamin producers; obtaining and defending against injunctions in federal and state courts to protect the misappropriation of corporate trade secrets and to enforce unique, commercial contracts; and class action litigation against one of the firm's European clients. In this context, we have developed specialized approaches to structuring non-traditional settlements in complicated commercial disputes.
We also have represented corporate clients with respect to environmental enforcement proceedings and related insurance coverage matters, involving CERCLA (Superfund) and other federal and state laws.
Arbitrations
Arbitrations regularly engage our attention, as have court proceedings incident to the enforcement, and avoidance, of arbitration clauses. We have prosecuted and defended commercial arbitrations before private tribunals and securities arbitrations before The New York Stock Exchange and the NASD. For European investors, we have obtained a multi-million dollar securities award against a major international investment bank. For parties seeking to avoid litigation, we have considerable experience in drafting rules and submission agreements for ad hoc arbitrations in the absence of binding contract arbitration clauses.
Bankruptcy/Work-outs
In bankruptcy proceedings we have been particularly concerned with reorganizations and have represented debtors and creditors in various aspects of bankruptcy practice. In Chapter 11 reorganizations, the litigation group litigates claims and drafts and negotiates plans of reorganization for debtors and steers the process through confirmation. For creditors, our group has opposed such plans and their confirmation for inadequacy of disclosure and other legal deficiencies.
We have developed special competence in prosecuting and defending preference and fraudulent transfer actions, automatic stay litigation, cash collateral applications and discharge actions in the bankruptcy and appellate courts. The firm also has considerable experience in the acquisition of the assets of companies reorganizing or liquidating under the bankruptcy laws.
On behalf of troubled companies burdened with liabilities, the firm has negotiated out-of-court reorganizations involving complex debt and equity restructurings. Recent successful work-outs have involved companies engaged in oil refining and trading, resort hotel operations, industrial services and real estate.
Primary Contact: | ||||
|---|---|---|---|---|
| Robin L. Alperstein | 212-888-3033 | |||
| Richard N. Chassin | 212-888-3033 | |||
| Zeb Landsman | 212-888-3033 | |||
Attorneys: | ||||
|---|---|---|---|---|
| Robin L. Alperstein | 212-888-3033 | |||
| Richard N. Chassin | 212-888-3033 | |||
| Jesse T. Conan | 212-888-3033 | |||
| Zeb Landsman | 212-888-3033 | |||
| William H. Newman | 212-888-3033 | |||
| Jordan E. Stern | 212-888-3033 | |||
