Main Areas of Practice:
Complex Commercial Litigation:
Kasowitz’s practice encompasses all aspects of litigation, including antitrust, banking, complex financial products, employment, general commercial, intellectual property, international arbitration, investigations and white collar defense, mass tort and product liability, real estate, and securities litigation. Kasowitz strives to achieve favorable results for its clients by focusing from the beginning of each case on preparation for trial.
■ MF Global Holdings, a former global financial derivatives broker, in a $3 billion lawsuit against its outside auditor, PwC, which settled during trial.
■ Federal Housing Finance Agency, as conservator for Fannie Mae and Freddie Mac, in actions in federal and state courts against numerous financial institutions and individuals.
■ MBIA, one of the world’s largest monoline insurers, in litigation brought by 18 of the world’s largest banks seeking to overturn MBIA’s corporate restructuring which, with the approval of the New York Department of Insurance (now the Department of Financial Services), established a separate company for MBIA’s municipal bond insurance business.
■ Loreley Financing in claims against banks totaling $13 billion, including a $965 million claim alleging that Citigroup had committed fraud by inducing Loreley to invest in CDOs filled with assets selected by short investors.
Bankruptcy Litigation & Restructuring:
Kasowitz represents major parties to the largest bankruptcies and restructurings throughout the country. The firm is a leader in representing investors in securities of distressed companies, as well as debtor companies. The firm represents businesses in developing legal strategies for their financial rehabilitation, working closely with clients to achieve an attractive resolution.
■ TPG Capital/Caesars: TPG Capital and senior partners in bankruptcy proceedings and state and federal court actions concerning the principal operating subsidiary of TPG portfolio company Caesars Entertainment Operating Company, along with certain directors of Caesars’ parent company.
■ Toys "R" Us: Cyrus Capital Management as the 'fulcrum' or critical creditor constituency at the parent company Toys 'R' Us in all aspects of Toys 'R' Us’ pending Chapter 11 case.
■ LightSquared: Harbinger Capital in restructuring its $2 billion investment in LightSquared, including related litigation by Harbinger against Dish Network and the FCC.
■ Anderson News: Anderson News, the second-largest wholesaler of books and magazines in the US, in its Chapter 11 case.
Intellectual Property Litigation:
Kasowitz has extensive experience in all aspects of intellectual property, including patent, trademark, trade secret, false advertising, copyright, right of publicity, and related antitrust and unfair competition litigation. The firm handles disputes concerning computer software and hardware, medical devices, telecommunications, semiconductors, financial services, pharmaceuticals, biotechnology, chemical processes, manufacturing processes, and other areas.
■ Uber in securing dismissal of a patent infringement case alleging that Uber’s user application infringed Halio Technologies’ automated dispatch and payment system patent.
■ Google, Motorola, LG, Samsung, and ASUS in a patent infringement case alleging Android-based smartphones and wearables infringed a device security patent.
■ LG in a seven-patent infringement case involving USB chargers in the Eastern District of Texas.
White Collar Defense & Investigations:
Kasowitz’s white-collar defense and investigations group is built on a foundation of deeply rooted government experience and decades of success defending corporations and individuals in highly sensitive regulatory and criminal matters. The firm’s attorneys include a former United States senator, a former United States Attorney, numerous former US and District Attorneys and two former state attorneys general.
Transactional Real Estate:
Kasowitz’s real estate team represents developers, private and institutional investors, opportunity funds, real estate investment trusts (REITs), lenders and servicers, and major corporations in various types of transactions.
■ The Related Companies/Oxford Properties in the one million-square-foot retail project at Hudson Yards in Manhattan, including the 250,000-square-foot lease to anchor tenant Neiman Marcus.
■ WeWork Companies in leases in the New York metropolitan area and throughout the United States.
■ JDS Development in the acquisition, joint venturing, financing and development of a mixed-use project on West 57th Street in Manhattan known as the Steinway Site.
Kasowitz Clients Have Included:
AIG, Aman Resorts, AMC Networks, Aurelius Capital Management, Beverly Hills School District, Boston Properties, Centerbridge Partners, Coach, Comcast, Condé Nast, Douglas Elliman, Elie Tahari, Energy Transfer Partners, Fairfax Financial Holdings, Fir Tree Partners, Google, Harbinger Capital Partners, Hilton Worldwide, Intercontinental Hotel Group, J. Crew, Levi-Strauss, Liggett Group, MacAndrews & Forbes, MBIA, MetLife, MF Global Holdings, Morgans Hotel Group, National Grid, Related Companies, Renco, Rescap, Starwood Capital, State of Hawaii, Teva Pharmaceuticals, TPG, U.S. Bank, USG Asbestos Trust, Vector Group, Waterfall Asset Management, WeWork.