Cadwalader trial lawyers have tried hundreds of complex business litigation cases - in celebrated, high-profile matters and in cases that have been kept out of the public eye. Collectively, our team has numerous multi-million dollar trial wins - both on behalf of plaintiffs and defendants. The Wall Street Journal has described our practice group head as having a "long and distinguished career as a corporate litigator," a description that applies to many of our lawyers who try complex commercial disputes.
The scope of our litigation talents is as broad and varied as modern commerce itself, including experience with breach of contract, breach of manufacture, sale, distribution, co-development, or confidentiality/standstill or co-promote agreements; class actions; corporate governance, including board of director conduct and challenges relating to MAC clauses; construction; environmental; indemnification; maritime; surrogate's matters; and telecom. In addition, we are widely-recognized for our capabilities in cases that fall into areas of specific legal expertise, such as antitrust, intellectual property, white collar and business fraud, financial services and products, health care, insurance and reinsurance, securities, and international dispute, all of which are more fully described separately.
Our litigators are experienced in the supervision and management of large, complex cases and frequently work with technical consultants, experts and other counsel to efficiently and effectively further the interests of our clients. We continually explore state of the art technologies to help us organize and manage discovery and trial materials, design exhibits, and communicate with our clients and the courts.
Our recent cases involve significant commercial matters and trials for many of the firm's clients, including General Atomics, AriZona Iced Tea, Banco BBM, Bristol-Myers Squibb, Canada Dry Bottling Company, Dover Corporation, Japan Tobacco, Jefferies, FIFA, msystems, New York Jets, Overseas Shipholding Group, PepsiCo, U.K.'s Premier Football League, W.R. Huff, XL Capital and Bank of America, to name a few. Recent litigations include:
- AriZona Iced Tea in an important summary judgment ruling from the Supreme Court, New York County, upholding transfer restrictions in the company owners' agreement and invalidating a sale of part of the company to a vulture investment firm.
- PepsiCo, in multidistrict litigation dismissing on federal pre-emption grounds claims that the company engaged in unfair and deceptive trade practices in violation of state consumer protection and related statutes by misrepresenting that Aquafina water comes from a pure mountain spring and not from public water supplies.
- Collins & Aikman/Wickes Corporation in 28-day trial involving claims for fraud, indemnification and damages arising out of the sale of 15 aircraft manufacturing facilities in the U.S. and Europe.
- PepsiCo in the U.S. District Court and the Second Circuit against claims for $750 million in damages by CESPA and in efforts to stay the U.S. proceedings.
- Real Estate Alliance Ltd. (REAL) in a real estate industry-wide patent infringement case filed in Los Angeles federal court. At issue are two pioneer patents, invented by Mark Tornetta and owned by REAL, which describe mapping methods for locating available real estate properties for sale, lease or rental using a database of available properties. The case involves 37 defendants, all of whom play pivotal roles in the real estate industry, including Move, Inc., which operates five popular real estate websites; two major real estate trade associations; and several computer software providers. Among the other claimed infringers are real estate brokers, agents, multiple listing services, new home builders, and rental property owners/managers.
- A group of sports and music copyright holders in a class action led by the U.K.-based Football Association Premier League against Google Inc. and its video-sharing web site YouTube.com.
- Interpublic, one of the world's largest advertising companies operating through well known subsidiaries such as McCann and Deutsch, in numerous litigations including complex cases in both federal and New York state courts overlapping insurance, securities and foreign criminal issues.
- ACIC in the prosecution of claims for coverage of liabilities arising out of the sale of DES, including a four-phase trial before the U.S. District Court for the Southern District of New York and related appeals to the Second Circuit, resulting in a several hundred million-dollar recovery.
- A pharmaceutical company in a six-month trial concerning issues of validity, enforceability, privilege and evidence surrounding the release of a new product.
- The New York Jets football team in consumer fraud, contractual, and antitrust putative class actions relating to the sale of personal seat licenses in the new Meadowlands stadium.
- The New York Jets football team in eight cases relating to its bid to acquire properties in Manhattan's western rail yards, a site that was the cornerstone of the U.S. bid to host the Olympics.
- Lyondell Chemical in presenting valuation and other evidence to establish that the company's record-breaking DIP financing was a sound exercise of the debtors' business judgment in accordance with Section 364(d) of the U.S. Bankruptcy Code.
- The world's leading modern art museum in a lawsuit by the heirs of Weimar-era artist George Grosz to recover three of his works, each of which had been in the museum's possession for more than 50 years.
- Putative owner of the world famous Brancusi sculpture, Miss Pogany, in his efforts, in at least five counties, to obtain possession of the sculpture.
- FIFA concerning protecting its intellectual property rights and commencing the process for considering the location for the 2018 and 2022 World Cup games.
- Overseas Shipholding Group, one of the largest publicly-traded fuel tanker companies in the world, in resolving commercial disputes before a maritime arbitration panel with American Shipping Company and its shipbuilding partner Aker Philadelphia Shipyard.
- Aguas Lenders Recovery Group, the holders of debt originally extended to Aguas Argentinas, a consortium that held a water and sewer concession with the Argentine government, in a precedent-setting ruling from the U.S. Court of Appeals for the Second Circuit, which held that a successor in interest to a contract may be bound by a forum selection clause entered into by its predecessor.
- AIG Financial Products as a senior noteholder in that prevailed on summary judgment in a federal interpleader action in the U.S. District Court for the Southern District of New York arising from a dispute over entitlement to payments in the defaulted Summer Street CDO.
- Various companies and their affiliates in insurance coverage matters, including environmental, D&O, and general liability claims.
- Numerous insurance companies, including Lloyd's of London, in reinsurance litigation.
- Bristol-Myers Squibb regarding the alleged breach of supply and manufacturing agreements.
- Banco BBM, a leading Brazilian financial institution, in several disputes.
- W.R. Huff in a trial that succeeded in challenging, in the U.S., an Argentinean debt restructuring.
- W.R. Huff companies in an appeal to the U.S. Court of Appeals for the Third Circuit regarding profit sharing and the transferability of interests in various companies.
- General Atomics in a series of high stakes, complex litigations and arbitrations relating to its uranium mining businesses, including allegations of fraud, RICO, breach of contract and breach of fiduciary duty.
- Charming Shoppes, Inc., a leading multichannel specialty women's apparel retailer, in an action seeking to enjoin several hedge funds in connection with a proxy contest.
- Value Health Care, an affiliate of Omnicare Inc., in a breach of contract action seeking to enforce a guaranty agreement.
- A major French telecom company in claims against the manufacturer of a virtual networking system for breach of contract and other claims relating to a major outage.
- A leading furniture company in claims involving breach of contract, breach of warranty and failure to indemnify.
- Corporate Property Investors in various litigations.
- Bank of America in successfully obtaining the dismissal of fraud and negligent misrepresentation claims regarding the alleged breach of certain representations and warranties in a contract governing the sale of loans.
- The founder and former CEO of China Water and Drinks, Inc. and Kotex Development Corporation in an action against Heckmann Corporation, a Delaware corporation that merged with China Water, and its officers and directors concerning defendants' improper attempt to unilaterally cancel more than 5 million shares of Heckmann common stock collectively owned by plaintiffs and breaches of their contractual and fiduciary obligations to plaintiffs.
- UBS Securities LLC and UBS AG, London Branch, in an action for indemnification and breach of contract against Highland Capital Management and two of its funds.
- CIFG in several actions brought by various municipalities in California state courts against CIFG and other monoline insurers alleging common-law claims arising out of the insurance of bond offerings by California municipalities.
- Ambac Assurance Corporation and affiliated entities in an action brought by Hoosier Energy Rural Electric Cooperative against John Hancock Life Insurance Company and Ambac arising out of a complex leveraged lease transaction seeking injunctive and declaratory relief to excuse payment obligations on the grounds of temporary impracticability and to void the transaction.
- MBIA in connection with claims brought against Residential Funding Corporation based on, among other things, breach of contract, negligent misrepresentation and fraud arising out of MBIA's insurance of distributions to investors in various RMBS securitizations.