The Only Truly Global Law Firm: Truly a “one-firm” firm – Latham has no headquartered office, as firm and practice management is spread throughout the world, allowing Latham to quickly mobilize the best-suited teams regardless of location. With more than 2,700 lawyers qualified to practice law in 31 countries, and at least 60 different languages spoken across the firm, Latham provides clients with an unmatched global platform.
Litigation & Trial Practice: Latham’s more than 800 litigators are located in key business centers around the world, allowing the firm to bring together diverse teams and talent to develop and implement aggressive and creative litigation strategies. Our extensive experience enables us to dispose of most matters well short of trial, and when settlement is not an option, clients can count on our ability to seamlessly handle the full life cycle of a litigation.
Antitrust & Competition: Latham’s integrated Global Antitrust & Competition Practice is built around highly qualified lawyers who are accustomed to working across borders and are fully aware of both the local and international dimensions of antitrust and competition issues – no matter what the business model or industry. Latham’s antitrust lawyers provide forward-looking, business-centric advice and counsel on the full scope of antitrust and competition law issues, including merger clearance, cartel investigation and litigation, competition-related litigation, intellectual property antitrust, and compliance counseling and training programs.
Complex Commercial Litigation: The lawyers in Latham’s Complex Commercial Litigation Practice combine trial-ready capabilities, business fluency, and pragmatism to deliver a winning edge, no matter how complex a client’s challenge. Latham regularly represents public and private companies, leading financial institutions, private equity firms and portfolio companies, states and other municipal and governmental entities, and high net worth individuals in complex commercial disputes. With insight and experience in more than a dozen industries, Latham lawyers keenly understand clients’ business objectives and the necessity of nuanced litigation strategies that support these broader goals. We evaluate early exit options to minimize costs, including dispositive motions, alternative dispute resolution, and settlement, as well as third-party indemnification and insurance coverage. In the most aggressive of matters, Latham thrives on its extensive trial experience and shrewd negotiation skills to achieve the best possible resolution for clients. The team has tried or arbitrated several hundred cases to verdict over the past decade with an extraordinary success rate. The firm’s victories span every stage of litigation in US federal and state courts. The Latham arsenal includes more than 300 former federal law clerks from each of the US circuit courts, as well as 41 different districts courts. In addition, more than 30 former federal prosecutors from districts across the United States contribute invaluable institutional knowledge and a wealth of courtroom experience.
Intellectual Property Litigation: Latham’s award-winning Intellectual Property Practice consists of more than 100 IP litigators with unparalleled experience in the full range of IP disputes, including patent, trademark, copyright, and trade secrets. We practice regularly in all forums, including multijurisdictional litigation around the world, across more than 45 district courts around the US, and before the Federal Circuit, International Trade Commission, and Patent Trial and Appeal Board. Our team also includes 75 technically trained lawyers, seven technical analysts, and 18 dedicated IP paralegals. Latham’s highly trained technical teams have litigated cases across a wide range of areas, including semiconductors, software, biotechnology, pharmaceuticals, image processing, audio processing, therapeutics, medical devices, electric motors, engines, cloud computing and networking, packaging, building products and materials, and banking technologies, among others.
Securities Litigation & Professional Liability: Latham boasts one of the most experienced and successful securities and derivative litigation groups in the United States. Our securities litigators are recognized as among the best lawyers in the field, and include former federal prosecutors, senior staff of the SEC Division of Enforcement, and former clerks at the US Supreme Court, federal appellate and district courts, and state courts. We are a “go-to” law firm for Fortune 500 companies, major financial institutions, their officers and directors, and the Big Four accounting firms. Our approach is simple: identify the most expedient, cost-effective means of ending litigation with the least disruption to the client and its business. This may not be unique to Latham, but what does set the firm apart is our execution. We have obtained dismissals and favorable settlements in multi-billion dollar securities class actions. In the rare instances where trial is unavoidable, Latham is best positioned to represent our clients in achieving optimal results, as our securities litigators are also seasoned trial lawyers. For example, Latham tried one of the only private federal securities class action to go to trial in nearly 10 years. Over the past year, our lawyers have represented clients as defendants in more federal securities class actions than any other law firm, across 22 US district courts.
Supreme Court & Appellate: Led by a former US Solicitor General, Latham’s appellate team has represented clients in numerous groundbreaking cases, with an outstanding record before the US Supreme Court and other appellate courts. Latham appellate practitioners have appeared before the Supreme Court more than 30 times since 2007 alone, representing Fortune 100 corporations, State governments, leading educational institutions, and individuals. The appellate team regularly prepares petitions for certiorari, as well as merits and amicus briefs. The practice has secured certiorari in nearly a dozen cases on behalf of firm clients in the past few years alone. Latham’s appellate lawyers have served at all levels in the US Office of the Solicitor General and clerked for Supreme Court Justices and judges serving on every US federal courts of appeals, providing them with crucial insights into the US appellate court system. The firm has argued and briefed hundreds of cases before the Supreme Court and federal and state courts of appeals.
White Collar Defense & Investigations: Latham’s formidable White Collar Defense & Investigations Practice comprises some of the world’s top white collar lawyers, who are uniquely situated to handle the highest-stakes cases. Our roster includes former regulatory practitioners, career defense advocates, and former government lawyers from Republican and Democratic administrations, including former top-ranking DOJ, SEC, CFTC, and SFO officials, along with Obama White House Counsel’s Office attorneys, among others. Our team knows the inner workings of the government and regularly delivers results that dramatically reduce our clients’ financial exposure, prevent or navigate through potentially debilitating investigations, and manage potentially brand-destroying public discourse. Notably, Latham is a top global firm in securing FCPA declinations, a market leader in healthcare regulation, the world’s leading CFIUS regulatory group, a destination firm for CTFC enforcement litigation, and a leader in highest profile investigations.
History: Pomerantz LLP is the oldest securities litigation firm in the United States and one of the most highly respected. The firm was founded in 1936 by legal pioneer and “dean” of the plaintiffs’ securities bar, Abraham L. Pomerantz, who helped secure the rights of investors to bring class and derivative actions.
Practice: Pomerantz protects and vindicates shareholder rights through its securities litigation services and proprietary PomTrack® portfolio monitoring program. The firm’s global clients include more than 100 of the largest and most influential pension funds, asset managers and private institutions, with combined assets of over $5.7 trillion. Pomerantz’s practice also includes corporate governance, antitrust and strategic consumer litigation.
Global Expertise: Jennifer Pafiti, Partner and Head of Client Services, is dually qualified to practice in the United States and United Kingdom. Our Paris office is headed by French lawyer, Nicolas Tatin, Pomerantz’s Director-Business Development Consultant for France, Benelux, Monaco and Switzerland. In addition to the Firm’s in-house team in the United States and Paris, Pomerantz utilizes an extensive network of prominent law firms in the United Kingdom, Switzerland, and the Middle East, so that we are ready to assist clients, wherever they are situated, in recovering monies lost due to corporate misconduct and securities fraud. Our team of attorneys is collectively fluent in English, Arabic, Mandarin and Cantonese Chinese, Farsi, French, German, Greek, Hebrew, Italian, Portuguese, Romanian, Spanish, and Ukrainian.
Cutting-Edge Legal Strategies: Pomerantz’s position at the cutting edge of 21st century concerns is evidenced in the cases it pursues and the law it makes. For example, the firm’s $80 million settlement in In re Yahoo! Inc. Sec. Litig. was the first ever significant settlement of a securities fraud class action filed in response to a data breach. Pomerantz is Lead Counsel in a securities class action against Wynn Resorts Ltd. stemming from accusations of sexual misconduct towards the company’s employees by its founder and former CEO, Steve Wynn. Such allegations have not traditionally been considered to be within the realm of securities laws. The Firm aims to convince the court that a company’s statements as to compliance with its code of conduct are indeed actionable.
Results: In early 2018, Pomerantz, as sole lead counsel, achieved a landmark $3 billion settlement for investors in the securities class action against Petróleo Brasileiro S.A. – Petrobras. The allegations arose from a decades-long, multi-billion-dollar corruption scheme—a scandal that ensnared not only Petrobras’ former executives, but also Brazilian politicians, including every former and current living Brazilian president and at least one third of the Brazilian Congress. This historic settlement represents:
the largest securities class action settlement in a decade;
the largest settlement ever in a securities class action involving a foreign issuer;
the fifth-largest class action settlement ever achieved in the United States;
the largest class action settlement ever achieved by a foreign lead plaintiff; and
the largest class action settlement ever not involving a restatement of financial reports.
Throughout the i litigation, Pomerantz achieved important precedents at the Second Circuit Court of Appeals that will form the bedrock of securities class action jurisprudence and help protect investors for decades to come.
In August 2019, Pomerantz achieved final approval of a $110 million settlement in a securities class action against Fiat Chrysler N.V., one of the world’s largest car manufacturers, for allegations that the company misled investors about its compliance with regulations for safety recalls and emissions. In late 2018, the firm achieved an $80 million settlement in the class action litigation against Yahoo! Inc., arising from one of the largest data breaches in U.S. history and represents the first significant settlement of a securities fraud class action filed in response to a data breach. Also in 2018, Pomerantz secured a $31 million partial settlement in In re Libor Based Financial Instruments Antitrust Litigation, a closely-watched case concerning the London Interbank Offered Rate rigging scandal.
Judge Jed S. Rakoff of the United States District Court for the Southern District of New York stated at the February 2018 hearing for preliminary approval of the $3 billion settlement achieved by Pomerantz in In re Petrobras Securities Litigation:
...the lawyers in this case [are] some of the best lawyers in the United States, if not in the world.
In approving the Petrobras settlement in June 2018, Judge Rakoff wrote:
[T]he Court finds that Class Counsel’s performance was in many respects exceptional, with the result that, as noted, the class is poised to enjoy a substantially larger per share recovery [65%] than the recovery enjoyed by numerous large and sophisticated plaintiffs who separately settled their claims.
In approving the settlement in Thorpe v. Walter Investment Management Corp. in October 2016, Judge Ursula Ungaro wrote:
Class Counsel has developed a reputation for zealous advocacy in securities class actions. ... The settlement … is an outstanding result.
Weil is a leader in the marketplace for sophisticated, global legal services. Our pioneering “one-firm” approach, which integrates approximately 1,100 attorneys across three continents and multiple practice areas, allows the Firm to partner with many of the world’s most successful organizations on matters as complex and interconnected as the businesses themselves.
Featuring approximately 350 lawyers in more than a dozen practice areas and areas of specialization, Weil’s Litigation Department is one of the largest, most diversified, and highly respected in the legal industry. Weil provides clients with business oriented solutions to complex, multi-faceted legal challenges, including business disputes, regulatory actions and investigations, financial distress, and other potentially enterprise-changing circumstances.
Our expertise spans a number of substantive areas:
Antitrust: Weil is regularly retained by some of the largest corporations in the world to handle their antitrust litigation matters. Our antitrust litigators advise clients on the inter-relationship between antitrust, intellectual property, trade, and unfair competition laws and regulations, and litigate and try those cutting-edge issues in civil and criminal cases before juries and judges in multiple jurisdictions. Representative clients include Bridgestone, C&S Wholesale Grocers, CBS, Farmers Insurance, H&R Block, Hilton Worldwide, Panasonic, Pilgrim’s Pride, and Sanofi.
Appellate: Weil’s Appellate practice focuses on a broad array of substantive areas, including employment, securities, copyright and trademark, patent, tax, bankruptcy, antitrust, civil rights, and constitutional law, among other areas. With 30 practitioners, including numerous former clerks for federal appellate judges and U.S. Supreme Court justices, we regularly handle appeals in state and federal appellate courts across the country, including the U.S. Supreme Court.
Bankruptcy: Weil is well-known as the leading restructuring firm in the world. We not only invented much of what is standard today, but we have been involved in almost every type of consensual and litigated restructuring transaction in the U.S. since the 1970s. Weil has served as chief debtors’ counsel in six of the seven largest U.S. bankruptcy filings in history and has represented clients in numerous complicated international insolvencies. Our experience extends to exchange offers, debt for equity swaps, pre-packaged and pre-arranged chapter 11 cases, as well as conventional chapter 11 reorganizations.
General Commercial: Weil is a one-stop firm for commercial litigation matters, and has achieved significant victories in recent high-profile disputes for Carlyle Group, CBS, Discovery Communications, eBay, ExxonMobil Corporation, Farmers Insurance, First Data, and Nuance Communications, among others. We specialize in trying high-stakes breach of contract, fraud, tortious interference, unfair competition and other business tort claims, class actions, and litigations arising under RICO, the False Claims Act, and numerous other statutes.
Intellectual Property:Weil’s IP practices offer market-leading capabilities in IP litigation – including complex patent, trade secrets, copyright, and trademark disputes – and IP counseling. For decades, Weil’s prestigious IP/Media group has been at the forefront of hot-button intellectual property and media issues. The group’s work in the area of digital media has been trailblazing, touching on multiple areas of commercial significance including e-commerce, digital rights management, and digital content licensing. We are also recognized for our expertise in false advertising, music licensing, television/motion picture and other content distribution, and privacy/data protection issues. Representative clients include Alibaba, eBay, Facebook, Getty Images, Sirius XM Radio, and Twitter. Weil’s Patent Litigation group focuses on high-stakes patent and IP disputes, whether they involve winning a key patent infringement action at trial or on appeal, litigating a complex investigation at the U.S. ITC, or trying contested post-grant proceedings at the PTAB. Our team includes more than 40 attorneys, many of whom have technical degrees, allowing us to identify critical issues, understand the technology at the forefront of a case, and become trusted advisors to our clients, which include Bio-Rad, CBS, General Electric, HP, Illumina, Intel, Sanofi, and T-Mobile.
International Arbitration: Weil’s International Arbitration and Trade practice possesses vast experience, having been involved in more than 200 major international disputes – including scores of arbitrations – dealing with the laws of dozens of nations. Leading multinationals involved in important international disputes repeatedly turn to Weil for its business-oriented approach, understanding of specific cultural issues, extensive government and trade experience, and recognized skill in handling complex investment and commercial arbitrations before all major arbitral institutions, including the ICC, AAA, LCIA, and ICSID.
Product Liability: Weil handles significant product liability and complex mass tort matters, including nationwide class actions, MDL proceedings, and joint state/ federal litigations. Our group has won some of the largest consumer fraud class actions involving alleged product defects in the United States, and has handled one of the single largest product recalls in European history. Our experience extends to a broad range of areas, including automotive products, industrial chemicals, medical devices, toys, food and beverage, pharmaceuticals, heavy equipment, and airlines. Notable clients include Core-Mark, Dometic, Eli Lilly, Johnson & Johnson, Procter & Gamble, Repsol, Sanofi, and Toyobo.
Securities: Weil’s Securities Litigation group has handled numerous high-stakes, precedent-setting assignments including those relating to the insolvency or restructuring of major financial institutions, high profile SEC enforcement proceedings, white-collar securities prosecutions, proxy contests, busted-deal and other M&A litigation, and class action and derivative litigation. The group continues to tackle complex litigation and investigations for clients such as AIG, BTG Pactual, General Electric, Lehman Brothers, Morgan Stanley, Sanofi, Signet Jewelers, and Willis Group, and shareholder suits arising out of large, sophisticated M&A transactions.
White Collar Crime: Led by an elite group of highly ranked criminal defense lawyers with extensive government experience, Weil’s White Collar practice conducts complex internal investigations and handles an array of criminal, civil, and regulatory investigations and parallel litigation arising out of accounting and securities issues, allegations of insider trading, market manipulation, and cartelization, and allegations related to U.S. criminal and regulatory laws with international and extra-territorial dimensions, such as the Foreign Corrupt Practices Act.
We have represented clients in some of the world’s largest and most complex disputes, including domestic and cross-border deal litigation, corporate governance disputes, white collar and regulatory defense, commercial litigation, securities litigation, bankruptcy litigation, complex settlements, appeals, and arbitration. Our litigators have a long history of handling cutting-edge merger litigation, including many of the most significant takeover defense battles in history. We are called upon to play a central role in high stakes and high profile matters generally, including litigation related to the tragic events of 9/11, the recent financial crisis, and other litigations with fundamental consequences for our clients. We also assist our clients with sensitive internal and law enforcement investigations. In addition, our litigators engage in significant pro bono activity at both the trial and appellate court levels, write and speak in areas of expertise, and teach at the nation’s top law schools.
Our Approach to Litigation
A tight-knit group of approximately 75 lawyers, we approach each matter with intensity, thoroughness and creativity and build teams appropriate to the circumstances. We approach our clients’ legal issues within the larger framework of their strategic, business, and financial goals. We specialize in matters that require careful attention, tested experience, and a high degree of expertise. We handle litigation at all stages, from pre-suit counseling and investigations through trials and appeals. Engagements undertaken by the Firm are at all times afforded the direct personal attention of partners possessing relevant expertise. Our approach is to achieve the best result for the client as quickly as possible. We regularly take cases to trial and win before judges, arbitrators and juries. But we also know when it makes sense to settle, and we have structured some of the largest and most complex litigation settlements to date.
Takeover and Merger Litigation
We are known for trendsetting takeover, transactional, and corporate governance litigation. We litigated the Revlon, Household, and other cases in the 1980s that set the doctrinal framework for all subsequent deal litigation. And the Firm continues to lead in the area — year after year, Wachtell Lipton handles the most important corporate governance and takeover cases in the nation, from the seminal case Corwin v. KKR Financial, which recognized the merger ratification defense to the successful Airgas trial (in which the court reaffirmed the “poison pill” takeover defense against a generation of attack) to the successful Vulcan trial (in which the Firm secured an unprecedented order enjoining a hostile takeover bid) to the successful Sotheby’s defense of the company’s shareholder rights plan against an activist investor attack; to Allergan’s closely watched takeover battle with Valeant and Pershing Square, resulting in a groundbreaking preliminary injunction that set new federal precedent against unfair tactics in takeover bids. Other leading merger cases the firm has litigated include: Paramount Communications, Inc. v. Time, Inc.; Paramount Communications, Inc. v. QVC Network, Inc.; and IBP, Inc. v. Tyson Foods. In recent years, our litigators also have led the charge against appraisal arbitrage litigation, securing post-trial victories in the appraisals of Ancestry.com, SWS Group, PetSmart, and AOL. And we have been the thought leaders behind innovative corporate litigation developments in books-and-records suits and stockholder forum-selection bylaws.
Complex Commercial and Securities Litigation
Our approach to complex commercial and securities litigation also exemplifies our focus on fresh thinking and creative solutions and the fact that we are called upon to handle some of the nation’s biggest and most complex cases. We represented National Australia Bank in the landmark Morrison case, in which the United States Supreme Court held that Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5 apply only to purchases and sales of securities in the United States. The decision overturned 40 years of lower-court precedent and eradicated a burgeoning species of securities litigation (so-called “foreign-cubed” and “foreign-squared” class actions) along with billions of dollars in potential liability for foreign securities issuers. We successfully defended Goldman Sachs in Baker v. Goldman Sachs, a five-week jury trial in federal court in which co-founders and major shareholders of a speech-recognition software company, Dragon Systems, were challenging Goldman’s investment banking advice and seeking over half a billion dollars in damages. We helped Bank of America contain its mortgage exposures arising from the financial crisis, including by negotiating Bank of America’s landmark $8.5 billion settlement of claims involving more than 500 trusts for mortgage-backed securities issued by Countrywide and in resolving multibillion dollar claims arising from the foreclosure crisis with the federal government and 49 state attorneys general. Following the tragic events of 9/11, we were called upon to represent the leaseholder of the World Trade Center in two jury trials with its property insurers that ultimately helped it secure enough money to rebuild the site. And we continue to represent Philip Morris USA in arbitrations and litigation that have arisen under the landmark 1998 settlement between the major tobacco companies and 52 states and territories. Wachtell Lipton previously had the lead role structuring and negotiating this more than $200 billion settlement.
Bankruptcy and Restructuring Litigation
We have a long and successful record representing major parties in litigation relating to bankruptcy cases and other debt-related issues. We have represented major companies in the successful defense of actions brought by bankruptcy trustees and creditors. We represented JPMorgan Chase in: (1) the Lehman Brothers bankruptcy, where the Firm obtained summary judgment dismissing $8.6 billion of estate claims; (2) the Bernard Madoff liquidation, where the Firm obtained dismissal of claims by the trustee seeking $18 billion in damages; and (3) the General Motors bankruptcy, where we successfully defended the bank at trial from fraudulent transfer claims seeking $1.5 billion. We represented Campbell Soup at trial and on appeal in defeating a fraudulent transfer challenge to the spin-off of Vlasic Pickles. On behalf of Education Management, the Firm defeated an attempt to enjoin the company’s $1.5 billion restructuring and won a precedent-setting appeal from a judgment under the Trust Indenture Act. We have represented private equity firms, hedge funds, and other clients in significant contested matters arising in chapter 11 cases, including Toys “R” Us and Energy Future Holdings. We also represent companies in defending litigation and default claims by activist debtholders.
White-Collar and Regulatory Enforcement
We have a leading white-collar criminal and regulatory practice. We have represented major financial institutions and multinational corporations, as well as their boards of directors and senior executives, in a broad range of the most complex and typically high-profile white-collar criminal and regulatory enforcement matters, both nationally and internationally. In the past few years alone, our litigators have handled both U.S. and foreign governmental investigations focusing on the Foreign Corrupt Practices Act, criminal tax evasion, criminal transfer pricing, the False Claims Act, insider trading, securities fraud, accounting fraud, criminal antitrust, and export control violations. In addition, we regularly represent boards, audit committees, and special committees charged with conducting special investigations in response to whistleblowers or governmental inquiries.
We have an active pro bono litigation practice. Our lawyers are encouraged to take on pro bono matters with the full support of the Firm and many take advantage of this opportunity. We have represented abused women seeking protection, indigent criminal defendants in the state and federal courts, immigrants seeking asylum, and non-profit organizations challenging government action. We file amicus briefs on significant legal issues on behalf of business groups and others. On behalf of the Chief Judge of the State of New York, we represented the state’s judiciary in historic and successful litigation over the state’s failure to increase the pay of its judges since 1999. We took on one of the earliest cases challenging the military’s policies discriminating against gay service members.