Practice Overview
Practices

Litigation

Favorable results at trial and through settlement

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With a strong dedication to client advocacy, the litigation attorneys at Olshan are regularly called upon to handle clients’ most difficult and challenging litigation issues.

We represent publicly held companies, privately held entities and individuals in a wide range of commercial litigation matters before federal and state courts, administrative agencies, self-regulatory organizations, and in arbitration.

Litigation Trial Preparation

Our New York litigation attorneys take a significant number of matters to trial each year. As such we are highly skilled and efficient in conducting the strategic and tactical preparations that can make or break a case.

Our litigation attorneys first perform extensive early case analysis to identify the case’s strengths and weaknesses and determine the most effective means of achieving a favorable resolution, including if litigation can or should be avoided or settlement is advisable. We understand our clients’ businesses, and know how to prioritize litigation within the overall scope of their business operations. We staff based on the needs of each individual case, and have the ability to draw from a deep pool of veteran litigators when stakes are high. We also leverage the latest litigation support technology to reduce client costs and improve efficiency.

Trial Experience

Our leading litigation partners have over 60 winning verdicts tried to either jury or judge. The department as a whole has had similarly successful results in arbitration before FINRA, AAA, JAMS and other alternative dispute resolution (ADR) forums.

We believe our success rate at trial and in ADR is exceptional.  The fact is the overwhelming majority of litigation is resolved either through motion practice and/or settlement.  Our trial preparation and confidence helps us file sharper motions and obtain more favorable settlements on behalf of our clients.

Many of the cases our litigation attorneys handle are in the news. In fact, a significant portion of our commercial litigation work is on behalf of publicly traded companies and funds with significant holdings in public companies. As a result, our litigation attorneys have extensive experience handling a wide range of business disputes. We are particularly skilled in corporate and securities matters, including those involving securities fraud allegations, broker-dealer disputes, contests for corporate control, and shareholder disputes. We also handle high stakes contract, D&O, employment, unfair competition, Lanham Act, intellectual property, bankruptcy and real estate litigation, as well as legal matters related to the art world. Several or our litigation attorneys are former prosecutors with substantial experience in white-collar criminal proceedings, so we litigate a number of those cases as well.

Litigation Counsel

The Litigation Group is routinely called upon to advise public and private companies and boards of directors in a variety of areas ranging from control and corporate governance issues to shareholder matters. Our attorneys have conducted internal investigations of both public and private entities, including retentions by independent board members of publicly held companies.

Litigation Referrals

Many of our litigation cases are referred from other firms, from Am Law 50 law firms to solo practices. A typical referral arises from a conflict, the need for co-counsel or when a dispute occurs within a partnership or joint venture. Often, the referring firm has litigated with or against us previously and respects the quality of our work on behalf of clients. We accept these limited engagements with a mutual respect and appreciation for the referring firms’ ongoing client relationships.

  • Multi-Million Dollar Jury Award to Olshan Client IDX Capital

    Represented IDX Capital LLC in a six-week jury trial in State Supreme Court in Manhattan after which the jury awarded IDX, and two of ifs former principals, $8.25 million, including punitive damages, against two former business associates whose actions doomed a potential $25 million buyout of the firm by Knight Capital Group Inc.

  • Olshan Blocks Hilton from Terminating Top Performing Franchise

    Won a temporary restraining order in New York state court to block the imminent termination of a $50 million hotel franchise and prevent default on a $35 million mortgage.

  • JFK Hotel’s Lawsuit Against Hilton and CIBX
    Represented the Vista Group, owners of the JFK DoubleTree, in the re-branding of the hotel to a new flag after partially settling a lawsuit against the trustee holding the hotel’s mortgage which had alleged a loan default.

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