litigation attorney

Litigation

The litigation practice group reflects both the extensive experience of the firm’s attorneys and the nature of its corporate and bankruptcy practice groups.

Our close relationship with our clients and our knowledge of their businesses enable us to react quickly and to respond aggressively when our clients become involved in disputes that may not otherwise be resolved without legal advice and intervention. We actively counsel our clients on ways to avoid and to minimize the possibility of litigation. The objective in all circumstances is to resolve disputes as quickly and as inexpensively as possible. We are, however, equipped to handle complex litigation matters at every level of the state and federal court systems and before all arbitration forums. Where appropriate, we also will explore alternative dispute resolution methods such as pre-litigation mediation, negotiation and arbitration.

Attorneys in the litigation department have extensive experience in litigating virtually every type of commercial issue arising in today’s business environment. In addition, they have significant experience litigating regulatory and white-collar criminal matters.

Practice Groups

Mortgage-Backed Securities & Structured Finance Litigation

The Firm has been at the forefront of securities litigation concerning the financial crisis, including claims relating to residential mortgage-backed securities (“RMBS”). We have brought billions of dollars of claims on behalf of investors against RMBS issuers, trustees, underwriters, and rating agencies. Our clients in these matters have included insurance companies, hedge funds, CDO issuers, foreign banks, the Federal Deposit Insurance Corporation, and the National Credit Union Administration. We are the go-to law firm for institutional investors that want to bring direct securities claims to aggressively maximize their own recoveries as opposed to being a passive class member. The members of the structured litigation group have unique expertise and experience, a good amount of it gained at law firms on the defense side of securities litigation. This has allowed the Firm to go toe-to-toe with the large, multi-national firms representing RMBS defendants, and to obtain substantial recoveries for our clients.

The many major lawsuits brought by the Firm to recover RMBS losses include:

· Federal Deposit Ins. Corp. as Receiver for Guaranty Bank v. The Bank of New York Mellon (S.D.N.Y.): Case pending.

· Federal Deposit Ins. Corp. as Receiver for Guaranty Bank v. Citibank N.A. (S.D.N.Y.): Case pending.

· Federal Deposit Ins. Corp. as Receiver for Guaranty Bank v. U.S. Bank National Assoc. (S.D.N.Y.): Case pending.

· National Integrity Life Ins. Co. v. Countrywide Financial Corp., et al. (C.D. Cal.): Settled favorably following denial of motion to dismiss.

· National Credit Union Administration Board v. Barclays Capital, Inc. (S.D.N.Y.): Case pending.

· National Credit Union Administration Board v. Deutsche Bank National Trust Co. (S.D.N.Y.): Case pending.

· National Credit Union Administration Board v. Goldman, Sachs & Co., et al. (S.D.N.Y.): Defeated motion to dismiss and compel arbitration; case pending. A copy of the decision denying the motion to dismiss and to compel arbitration is available here.

· National Credit Union Administration Board v. HSBC Bank USA, N.A. (S.D.N.Y.): Case pending.

· National Credit Union Administration Board v. RBS Securities, et al. (S.D.N.Y.): Settled favorably.

· National Credit Union Administration Board v. UBS Securities, LLC (S.D.N.Y.): Case pending.

· National Credit Union Administration Board v. U.S. Bank National Assoc., et al. (S.D.N.Y.): Case pending.

· National Credit Union Administration Board v. Wachovia Capital Markets, LLC (S.D.N.Y.): Defeated motion to dismiss; case pending. A copy of the decision denying the motion to dismiss is available here.

· National Credit Union Administration Board v. Wells Fargo Bank, N.A. (S.D.N.Y.): Case pending.

· National Integrity Life Ins. Co. v. Countrywide Financial Corp., et al. (C.D. Cal.): Settled favorably following denial of motion to dismiss.

· Phoenix Light SF Limited, et al. v. The Bank of New York Mellon (S.D.N.Y.): Case pending.

· Phoenix Light SF Limited, et al. v. Deutsche Bank Nat’l Trust Co. (S.D.N.Y.): Case pending.

· Phoenix Light SF Limited, et al. v. HSBC Bank USA, N.A. (S.D.N.Y.): Case pending.

· Phoenix Light SF Limited, et al. v. Wells Fargo Bank, N.A. (S.D.N.Y.): Case pending.

· Pacific Life Ins. Co., et al. v. U.S. Bank National Assoc., et al. (S.D. Ohio): Case pending.

· The Western & Southern Life Ins. Co., et al. v. Bank of America, N.A., et al. (Hamilton Cty., Ohio): Settled favorably following denial of motion to dismiss.

· The Western & Southern Life Ins. Co., et al. v. The Bank of New York Mellon (Hamilton Cty., Ohio): Defeated two motions to dismiss; case pending.

· The Western & Southern Life Ins. Co., et al. v. Deutsche Bank National Trust Co., et al. (Hamilton Cty., Ohio): Case pending.

· The Western & Southern Life Ins. Co., et al. v. DLJ Mortgage Capital, Inc. et al. (Hamilton Cty., Ohio): Settled favorably following denial of motion to dismiss.

· The Western & Southern Life Ins. Co., et al. v. GS Mortgage Securities Corp. et al. (Hamilton Cty., Ohio): Settled favorably following denial of motion to dismiss. A copy of the decision denying the motion to dismiss is available here.

· The Western & Southern Life Ins. Co., et al. v. JPMorgan Chase Bank, N.A., et al. (S.D. Ohio): Defeated motion to dismiss; case pending. A copy of the decision denying the motion to dismiss is available here.

· The Western & Southern Life Ins. Co., et al. v. Morgan Stanley Mortgage Capital, Inc., et al. (Hamilton Cty., Ohio): Settled favorably following denial of motion to dismiss.

· The Western & Southern Life Ins. Co., et al. v. Residential Funding Co., LLC, et al. (Hamilton Cty., Ohio): Settled favorably following denial of motion to dismiss. A copy of the decision denying the motion to dismiss is available here.

Represented objectors in the New York state Article 77 proceedings seeking approval of trustees’ proposed settlements of RMBS-related claims with Countrywide/Bank of America and JPMorgan.

General Securities Litigation

Attorneys in the Litigation Practice Group have experience representing clients in disputes involving securities laws and regulations as well as in securities-related arbitrations before FINRA and other regulatory bodies.

General Commercial & Complex Commercial Litigation

Attorneys in the Litigation Practice Group have successfully pursued and defended through trial multimillion dollar claims on behalf of domestic and international corporations, shareholders, families and individuals, in each case across a broad spectrum of industries and businesses.

Insurance & Reinsurance Litigation

Attorneys in the Litigation Practice Group have expertise litigating and arbitrating through trial complicated reinsurance and insurance coverage disputes involving tens and, sometimes, hundreds of millions of dollars.

Investment Fund Litigation

Our Firm has extensive experience advising and representing investment funds on a broad range of litigation-related matters. A large portion of the advisory and litigation services we provide our investment fund clients stems from the Firm’s attorneys in-depth experience with complex financial products, including structured financial produces and derivatives, as the capital markets. We are one of the few litigation-focused firms that has corporate and bankruptcy groups, which allows us to provide our investment fund clients unparalleled advisory and litigation services. Representative engagements include:

Antitrust & Competition Litigation

Attorneys in the Litigation Practice Group have expertise representing clients in a variety of complex antitrust litigations. Our partners who specialize in antitrust are leaders in the antitrust field, including Vincent Chang who has served as Vice Chair of two committees of the Antitrust Section of the American Bar Association and Ronald Aranoff who represents businesses and individuals as both plaintiffs and defendants in class and individual actions throughout the United States.

Appellate Practice

Our Firm has extensive experience representing clients in both federal and state appellate matters. In particular, our attorneys have a wealth of experience before the federal and state appellate courts in New York. Our appellate attorneys are also trial attorneys so they combine their deep knowledge on litigating matters with their appellate advocacy skills. In addition to representing parties to appeals, the Firm also regularly represents parties wishing to file amicus briefs in connection with significant appellate issues.

Product Liability & Mass Torts Litigation

Attorneys in the litigation department have experience representing manufacturers in matters involving allegations of product liability.

Employment Litigation

Our Firm regularly counsels clients on employment issues and drafts and negotiates the terms of employment and separation agreements. When employment disputes escalate into litigation, attorneys in the Litigation Practice Group have represented our clients in such employment litigation.

Data Privacy & Cybersecurity Litigation

Recognizing the growing risks posed to our clients from data privacy and cybersecurity attacks, the Firm has a team of experienced attorneys available to represent clients both on data privacy and cybersecurity governance and litigation matters. The Firm’s attorneys possess cutting edge knowledge of the data privacy and cybersecurity legal landscape that they draw upon to counsel businesses on data privacy and cybersecurity governance issues as sound governance is the best way to avoid data privacy breaches and potential resulting litigation. The Firm’s data privacy and cybersecurity team issues periodic bulletins to keep clients abreast of critical new developments in this evolving area of the law. If litigation does arise from a data privacy breach or cybersecurity attack, the Firm’s litigators will bring their substantial and wide-ranging litigation skills and experience to protect our clients’ interests in connection with data privacy and cybersecurity litigation.

Regulatory & White-Collar Criminal Law

Attorneys in the Litigation Practice Group have experience in disputes involving regulatory and white-collar criminal law.

Arbitration & Alternative Dispute Resolution

Our Firm has wide-ranging experience representing its clients in arbitrations and alternative dispute resolution in all types of disputes and encompassing all types of industries. The Firm’s attorneys have conducted numerous arbitrations through full hearing at FINRA, AAA, JAMS and ARIAS. Representative engagements include:

Practice Leaders

William A. Maher

William A. Maher, Partner

Litigation & Dispute Resolution Group

David H. Wollmuth

David H. Wollmuth, Partner

Litigation & Dispute Resolution, and Corporate Groups

Partners & Counsel Supporting The Practice

Adam M. Bialek

Adam M. Bialek, Partner

Litigation & Dispute Resolution, and Bankruptcy & Restructuring Groups

Vincent Chang

Vincent T. Chang, Partner

Litigation & Dispute Resolution Group

Jeffrey Coviello

Jeffrey Coviello, Partner

Litigation & Dispute Resolution, and Bankruptcy & Restructuring Groups

William F. Dahill

William F. Dahill, Partner

Litigation & Dispute Resolution Group

Paul R. DeFilippo

Paul R. DeFilippo, Partner

Bankruptcy & Restructuring, and Corporate Groups

Steven S. Fitzgerald

Steven S. Fitzgerald, Partner

Litigation & Dispute Resolution Group

John D. Giampolo

John D. Giampolo, Partner

Bankruptcy & Restructuring, and Litigation & Corporate Group

Jay S. Handlin

Jay S. Handlin, Partner

Litigation & Dispute Resolution Group

Ryan A. Kane

Ryan A. Kane, Partner

Litigation & Dispute Resolution Group

Frederick R. Kessler

Frederick R. Kessler, Partner

Litigation & Dispute Resolution Group

James N. Lawlor

James N. Lawlor, Partner

Bankruptcy & Restructuring, Litigation & Dispute Resolution, and Corporate Groups

Michael C. Ledley

Michael C. Ledley, Partner

Litigation & Dispute Resolution Group

Thomas P. Ogden

Thomas P. Ogden, Partner

Litigation & Dispute Resolution Group

Randall R. Rainer

Randall R. Rainer, Partner

Litigation & Dispute Resolution Group

Lyndon M. Tretter

Lyndon M. Tretter, Partner

Litigation & Dispute Resolution Group

Select Representations

Represented plaintiff, Assured Guaranty Municipal Corp. against three affiliates of The Royal Bank of Scotland Group plc (“RBS”) regarding $1.15 billion mortgage-backed securitization that realized over $400 million in losses. A copy of the Amended Complaint is available here. See Assured Guaranty Municipal Corp. v. RBS Securities Inc., et al., 13 Civ. 2019 (SDNY) (JGK).

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