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Complex Business Litigation | Government
Enforcement | Intellectual
Property | Securities
What do we do?
We represent clients in the many types of complex disputes that arise
from their business dealings — including mergers, asset purchases,
technology licensing, employment, franchising, leasing, bankruptcy,
and manufacturing. We handle litigation and arbitration in venues throughout
the United States and abroad, and often call upon our extensive appellate
experience. We also help clients avoid such disputes, by advising them
on litigation implications and potential pitfalls as they build and
run their businesses. Including trial lawyers at the negotiation stage
who are knowledgeable about a client's business can help avoid lawsuits
and improve the odds for success when a controversy develops.
What areas of the law do we handle?
Our Complex Business Litigation practice involves a wide array of substantive law and industries. Areas of particular expertise and recent experience include antitrust, health
care, insurance, and sports law. Click on these areas to see more about each practice.
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Bonnie McGuire (University
of Michigan Law School '01) and Giselle Joffre (Yale
Law School '03) have been actively engaged in the defense
of TJX, discussed below. Both are alums of our summer
program. |
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What have we done lately?
- Representing leading national retailer TJX in multiple class
action lawsuits brought by banks, consumers, and shareholders in
the U.S. and abroad and related investigations by a group of 39
state Attorneys General and the Federal Trade Commission in connection
with unauthorized computer network intrusion(s) by criminal hackers
into portions of the TJX computer network that centrally processed
transactions from TJX's store chains in the U.S., Puerto Rico,
and Canada.
- Defending pharmaceutical manufacturer Schering-Plough in multiple courts against claims of wholesale price manipulation, including a 20–day bench trial in federal multidistrict litigation which resulted in the dismissal of all claims against our client. For a description of an associate's role in this matter, click here.
For more examples of the Litigation Department's health care practice, click
here.
- Represented the Commonwealth of Massachusetts in a dispute involving the Commonwealth’s temporary use of a billboard owner’s
air rights. The case was tried before a jury in Suffolk County Superior
Court. We achieved a favorable result for our client.
- Won a jury trial in federal court on behalf of the Massachusetts Port Authority in a case where plaintiff claimed that his seizure by the State Police at Logan Airport was the result of racial profiling. For a description of an associate's role in this matter, click
here.
- Representing underwriters at Lloyd's of London and other insurers in multiple cases over insurance coverage for the World Trade Center following the 9/11 terrorist attack. Recently won Second Circuit affirmance of successful verdict that followed a 10-week jury trial.
For more examples of the Litigation Department's insurance practice, click here.
- Representing a private equity firm in the defense of an indemnification
claim arising out of a merger agreement that resulted in the
sale of our client's packaging company. Under the terms of the
merger agreement, the securityholders agreed to indemnify the
purchaser in the event of a breach of certain representations,
warranties or covenants. A portion of the merger consideration
was held in escrow to satisfy any such indemnification claim
by the purchaser. In 2007, the purchaser filed a Notice of Claim
for Indemnification with the escrow agent, thereby preventing
the transfer of the held-back consideration to our client.
- Representing TravelCenters of America LLC — the operator of
over 163 travel centers and truck stops across the United States
— in antitrust litigation brought by one of its largest competitors,
Flying J, Inc., which claims that TravelCenters participated
in a group boycott with at least two other operators of travel
centers. For a description of an associate's role in this matter, click
here.
For more examples of the Litigation Department's antitrust law practice, click here.
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Jared
Nagley (Cornell Law School '01) recently
teamed with partner and Litigation Department Head Bob
Fischler to represent Harbinger Capital Partners in a two-week
hearing before the Bankruptcy Court. |
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