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Plaintiffs' Litigation

Kasowitz brings a comprehensive skill set to bear in its representation of corporations, financial firms and individuals in plaintiffs-side litigation. We consistently deliver winning results for our clients, whether by verdict or through settlement. Using creative and entrepreneurial legal strategies to outmaneuver large and well-funded defendants is our stock-in-trade. At the same time, we have the resources, personnel, experience, and expertise to handle any plaintiffs-side representation, no matter how large.

Kasowitz understands that while litigation is always a risk, it can also be an opportunity. Our Plaintiffs' Litigation Practice Group works closely with our clients to assess litigation opportunities. Using cross-disciplinary teams that are tailored to the particular needs of each potential client and dispute, we partner with senior management and other executives to understand your business, potential litigation options, and the ways in which legal action – like any tool – can best be deployed to maximize value. We are particularly skilled at identifying new avenues of potentially lucrative recovery for our clients in areas including antitrust, insurance recovery, intellectual property and financial products. When it comes to pursuing such claims, we welcome the opportunity to discuss alternative fee arrangements that intelligently allocate risk and reward for the benefit of our clients and our firm.

Notable representations include:

  • Anderson News, LLC in an antitrust suit against leading magazine publishers and distributors, alleging that these companies conspired to boycott Anderson, a magazine wholesaler, and forced it out of business. Trial in this action in the Southern District of New York is likely in 2016.
  • The plan administrator for MF Global Holdings Ltd., in connection with an ongoing $1 billion professional malpractice and negligence suit against PricewaterhouseCoopers LLP (“PwC”), concerning PwC’s role in MF Global’s demise. Kasowitz secured significant decisions which denied PwC’s motion to dismiss the case on the grounds of in pari delicto, and also prevailed against PwC’s summary judgment motion, clearing the way for the case to proceed to trial.
  • Loreley Financing, a collateralized debt obligation (CDO) investor that lost billions of dollars following the collapse of the residential mortgage market in 2007. Kasowitz analyzed Loreley’s portfolio and commenced fraud actions claiming over $2 billion in total damages against major underwriters (including Citigroup, UBS, Deutsche Bank, Wells Fargo, Morgan Stanley and Merrill Lynch) and collateral managers. Kasowitz has prevailed in both the trial and appellate courts in pursuing these claims and obtained successful recoveries for Loreley.
  • Companies and public entities including Levi Strauss & Co., Waste Management, Inc., Bridgestone Americas, Inc., ScanSource, Inc., Avantor Performance Materials, Inc., Jewelry Television, The County of Marin, California, the Chapter 7 bankruptcy trustee of FoxMeyer Corp., and Canadian Imperial Bank of Commerce in lawsuits seeking recovery of damages arising out of failed and problematic implementations of enterprise resource planning (ERP) business software.
  • Fairfax Financial Holdings Limited, the largest insurance company in Canada, in a $6 billion civil RICO action against hedge funds, securities analysts and others, in New Jersey state court, alleging that the defendants conspired to target and destroy the company in connection with shorting the company’s stock.
  • IMO Industries, Inc., winning a landmark appellate decision affirming its policyholder rights to coverage for tens of thousands of underlying asbestos claims under its $1.8 billion dollar insurance coverage program. In an extensive 114-page opinion, the New Jersey Appellate Division affirmed trial court rulings in favor of the policyholder after a four-day bench trial as well as rulings in the policyholder’s favor on nearly a dozen substantive motions decided by the trial court.
  • TransPerfect Global, Inc., a privately held translation services company, in a trial of a patent infringement action in the Northern District of California against website translator MotionPoint Corp. The federal jury verdict found the three patents owned by MotionPoint to be invalid and not infringed by TransPerfect, and also found that MotionPoint had infringed TransPerfect’s valid patent. The jury further awarded TransPerfect monetary damages and a 4% running royalty.
  • Visa, Inc., obtaining summary adjudication regarding critical coverage issues of first impression in California, followed by a highly favorable settlement for losses arising from a class action alleging violation of consent-to-record provisions of California’s Invasion of Privacy Act and other similar state statutes. The firm obtained summary adjudication for Visa against its primary Professional Liability, Technology and Multimedia insurer on one of the carrier’s major defenses, successfully arguing that fixed, minimum statutory damages available under the Act and similar statutes are not excluded under the policies.
  • Verizon Wireless in a lawsuit against premium text message services providers. Verizon Wireless sought damages and injunctive relief, alleging that the defendants fraudulently accessed its network in order to market their premium text messaging services to Verizon’s customers through unauthorized and deceptive websites. After a two-day evidentiary hearing, the United States District Court for the District of Arizona entered a preliminary injunction in favor of Verizon Wireless, holding that it was likely to succeed on the merits. On appeal, the Ninth Circuit affirmed.
  • Level 3 Communications, Ltd., one of the largest telecommunications providers in the country, in its action against Switch & Data Management Company ("S&D") to prevent S&D from effectively shutting down large portions of Level 3’s international network as a result of a contract dispute. The firm obtained a temporary restraining order and, after an extensive evidentiary hearing, obtained a preliminary injunction precluding S&D from taking action to prevent Level 3 from obtaining the benefits under the contract, after which the parties reached a confidential settlement.
  • National Australia Bank (“NAB”) in two actions against private equity firm J.E. Robert Company, Inc. (“JER”) and its affiliates to enforce a more than $60 million judgment against one of JER’s subsidiaries. Plaintiffs alleged that JER caused the subsidiary’s default on an interest rate swap by stripping the subsidiary of assets and attempting to move those assets outside NAB’s reach. Kasowitz aggressively pursued judgment enforcement discovery, and filed two actions in the Supreme Court of the State of New York, Manhattan (Commercial Division). The parties resolved all disputes by agreement before trial.
  • Metropolitan Life Insurance Company and Lloyds TSB Bank plc in their actions against investment banks, indenture trustees, rating agencies and accountants, asserting violations of federal securities and New Jersey Blue Sky laws relating to their losses on holdings of more than $250 million of financial instruments issued by National Century Financial Enterprises, Inc., which has been described by the FBI as the largest ever corporate fraud case involving a privately held company.
  • MBIA, securing a judgment in favor of the company just four months after the filing of the complaint in the Southern District of New York with the judge declaring that the London market must pay MBIA's tens of millions of dollars in costs related to the defending suits arising from the restructuring of its core business operations.
  • Official Committee of Unsecured Creditors of Adelphia Communications Corporation, its affiliated debtors and the Adelphia Recovery Trust. On behalf of the Adelphia Recovery Trust, a publicly traded liquidating trust, Kasowitz prosecuted actions against numerous commercial banks and their investment bank affiliates, alleging, among other things, that such institutions assisted Adelphia’s management, led by the Rigas family, in looting funds from the company. This single action was settled for $175 million. Kasowitz represented the Trust in connection with several other claims for intentional and constructive fraudulent conveyances, aiding and abetting fraud and breach of fiduciary duty, in the litigation, appeal, and mediation contexts.
  • The Liquidation Trustee of the Le-Nature’s Liquidation Trust, which was formed under the plan of reorganization in the Chapter 11 case of Le-Nature’s, Inc. in multi-district litigation against, among others, Wachovia, CIT, and Krones AG, a major German manufacturer, for their participation and substantial assistance in Le-Nature's massive Ponzi scheme. Kasowitz also separately brought claims against BDO Seidman LLP in a related arbitration. Together with the Liquidation Trustee, Kasowitz achieved multiple settlements with defendant parties.
  • The Federal Housing Finance Agency (“FHFA”), as conservator for Fannie Mae and Freddie Mac, in several actions in federal and state courts against numerous financial institutions and individuals. The lawsuits sought rescission or damages from several of the major money-center banks for, among other things, misrepresentations concerning pools of mortgage loans that underlie residential mortgage-backed securities issued and securitized by the defendants and sold to Fannie Mae and Freddie Mac. After prevailing on critical pre-trial issues, FHFA settled the actions brought by Kasowitz for several billion dollars, including a $1.25 billion settlement with Morgan Stanley.
  • Harbinger Capital Partners LLC (“Harbinger”), an investment fund engaged in the development and operation of a satellite-and-terrestrial wireless-services network worth billions of dollars, through its ownership and control of LightSquared Inc. and its subsidiaries (“LightSquared”), which are the debtors in Chapter 11 bankruptcy proceedings pending in the United States Bankruptcy Court for the Southern District of New York. Kasowitz filed an adversary complaint against satellite television mogul Charles Ergen (“Ergen”) and his company Dish Network (“Dish”), alleging that they and certain subsidiaries and affiliates and co-conspirators perpetrated a fraud to wrest control of LightSquared and its valuable wireless spectrum from Harbinger. Kasowitz thereafter joined in similar litigation commenced by the debtors. In August 2013, Kasowitz developed, formulated, and proposed Harbinger’s own plan of reorganization for the debtors, which was originally the only one of four competing plans in the bankruptcy cases that would have reorganized the debtors instead of liquidating their assets. Kasowitz represents Harbinger in connection with all confirmation issues for LightSquared.