Mintz Levin Cohn Ferris Glovsky & Popeo

New York

Review

Dispute resolution

Over its many decades in operation, Mintz has grown well beyond its Boston roots, expanding both geographically and reputationally to hold a national profile in various areas of practice. The firm is equipped with nationally recognized litigators in white-collar, commercial and product liability.
     The Boston office remains a powerhouse, especially in the area of insurance litigation. The insurance practice group founder and current co-chair Kim Marrkand is representing Liberty Mutual in a complex matter arising out of the Northern California forest fire which caused $1 billion in damage. The insured company Trees and the additional insured company Pacific Gas & Electric filed proceedings separately against the client in California federal court. Each case alleges breaches of Liberty Mutual policies and bad faith claims. Since one of the lawsuits involves the additional insured company, the case raises several questions regarding the insurer’s obligations to the additional insured. Nationally ranked insurance litigator Nancy Adams is also representing Liberty Mutual in connection with the bankruptcy of the Diocese of Duluth after the 125 sexual abuse claims against the diocese’s parishes resulted in an $8 million jury verdict on one claim alone. Adams is lead coverage counsel for the client and, in a rare move, Adams successfully persuaded the bankruptcy court to remove the reference of the coverage action to district court. After briefing on the issues, Adams secured a settlement and she awaits the bankruptcy court’s decision to confirm the Plan of Reorganization as per the settlement agreement.
     Fellow Boston partner Adam Sisitsky and New York partner Frank Earley are defending PriceSmart and former executives against a securities class-action lawsuit. The plaintiffs alleged that the client misled the public about its performance and prospect in the Latin American and Caribbean warehouse store markets. Sisitsky and Earley secured a dismissal of the case in February of this year, avoiding settlement and further exposure, especially as the case garnered media and public attention.
     White-collar litigators Robert Popeo and Peter Chavkin are representing one of the defendants in the highly publicized nationwide college admissions indictment, referred to as “Operation Varsity Blues.” Boston prosecutors allege that over 50 defendants used bribes or falsified credentials for their children to be accepted into elite universities. The client is among the last to litigate against the claims, and Popeo and Chavkin are set for trial in September of this year.
     Boston’s Scott Ford obtained a complete victory on his motion for summary judgment for LBV Hotel in a matter that sought to challenge the client’s rights under a Right of First Offer (RFO) provision in a 100-plus year ground lease for a hotel property owned by Headquarters Hotel worth over $80 million. The complex commercial matter defined the rights obligations of a party making an offer in accordance with a ROFO provision. Ford is continuing to represent LBV on its counterclaims and damages.