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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.


 
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.

    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.


 
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.