Business Litigation | McCarter & English, LLP

Our litigators have decades of experience working with clients as trusted business advisors to resolve their most challenging disputes in boardrooms and courtrooms across the country.

Lawyers in our Litigation practice have an impressive depth of experience in all types of litigation, from complex insurance recovery disputes to white-collar criminal defense. Our multidisciplinary team delivers legal solutions for Fortune 500 companies and global manufacturers in trials, disputes, appeals, and mediations in federal and state courts. We pride ourselves on fostering long-term relationships with each client, building a solid understanding of their individual needs during the process and supporting their unique business objectives.

A key component of our long-term relationships is ongoing and open communication, which involves regular status reports, budget updates, and customized services for each client. Our litigators are just as adept at negotiations and settlements as they are in front of a jury. With decades of experience in pre-trial counseling, we know how to develop cost-efficient solutions, resolve matters quickly, and minimize the overall impact on your business. Should a case go to trial, we work in close consultation with clients to prepare a strategy and guide them through every step of the process. We also use advanced technology to streamline the discovery process in large document-intensive cases, manage the deposition process, prepare witnesses, and execute powerful arguments in the courtroom.

Alternative Dispute Resolution & Mediation

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Alternative Dispute Resolution (ADR) offers privacy, flexibility, and speed to clients facing complex and high-stakes disputes. Our team—consisting of experienced trial lawyers, a former Chief Judge of the District of New Jersey, a former Judge for the Eastern District of Pennsylvania, a former New Jersey Supreme Court Justice, and former in-house counsel and federal prosecutors—combines trial experience, deep knowledge of ADR procedures, and experience across a broad range of industries and substantive areas of law.

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Antitrust

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With valuable insights and hands-on experience with antitrust agencies, we help clients develop a coordinated and efficient approach to resolving matters before these agencies and tribunals. Our litigators cover the full range of antitrust counseling and litigation, including pricing, distribution, intellectual property, and civil and criminal investigations. These investigations have involved claims or charges of participation in price-fixing conspiracies, horizontal market allocations, group boycotts, monopolization, anticompetitive licensing of intellectual property, and price discrimination. We also analyze and obtain clearance for merger transactions from the Federal Trade Commission, Department of Justice, and foreign competition authorities and represent third parties wishing to object to mergers before these authorities.

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Appellate Litigation

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Our appellate team delivers outstanding results by applying the most strategic and effective litigation tactics. Several of our appellate lawyers have served as law clerks for state or federal appellate judges and justices, bringing an intimate knowledge of the particulars of judicial decision-making. Clients also seek our outstanding oral and written advocacy skills for a wide range of appellate services, including full briefings and oral arguments, advice on appellate matters and emergency matters, interlocutory appeals, and significant motions in major litigation. Cases are often referred by other lawyers who recognize the specialized skillset that our experienced advocates bring to the table. We handle appeals for other firms in matters being litigated in lower courts, and we appear as amicus curiae on behalf of organization to bring a voice to the issues that may significantly impact their industries.

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Class Action & Multidistrict Litigation

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Our team defends businesses of all sizes against complex class actions, multidistrict litigations, and other multiclaimant proceedings across the country involving substantial corporate exposure. We bring disputes to an end at the earliest possible opportunity to prevent and minimize damage, fighting certification when needed. We have represented major financial and telecommunications companies in class actions alleging violations of securities laws, claims related to life and health insurance and annuities, and claims alleging violations of state and consumer protection statutes.

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Construction & Real Estate Litigation

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Quick resolution of disputes affecting construction projects and real estate transactions is important to our clients’ bottom line. Our experienced construction and real estate litigators help clients settle matters or pursue necessary litigation to protect their interests quickly and cost-effectively.

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False Claims Act

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False Claims Act (“FCA”) and qui tam “whistleblower” lawsuits have increased dramatically over the past several years, posing serious challenges to government contractors and companies across a broad spectrum of regulated industries. When faced with these potentially crippling lawsuits, it is important to rely on experienced counsel who can help navigate the entire life cycle of these cases, from preliminary fact-gathering through trial or appeal. Our team has successfully defended clients during the investigative stage, often resulting in no claims being filed or favorable settlements that significantly reduce our clients’ exposure.

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Government Investigations & White Collar Defense

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When prosecutors or government regulators are involved, the stakes could not be higher. Our team of litigators, many of whom are former federal and state prosecutors, bring years of experience and knowledge in defending individuals and corporations in regulatory and criminal investigations across the United States and internationally.

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IP Litigation

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We are experienced in the full range of IP matters, including patent, trademark, trade dress, trade secret, copyright, and licensing disputes. We win cases on behalf of companies of all sizes and in every forum, including federal and district courts, the Patent Trial and Appeal Board, and the Trademark Trial and Appeal Board. Many of our IP litigators have technical backgrounds in science and/or engineering, enabling them to craft an informed and compelling storyline for complex patents and technologies.

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Securities Litigation

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We represent issuers, underwriters, financial institutions, private equity firms, hedge funds, and accounting firms facing these highly complex and sensitive cases. We also deliver successful results for financial institutions, companies, and individuals on the prosecution side of the courtroom. Our litigators provide strategic regulatory advice and counsel in SEC and FINRA enforcement investigations. We also counsel clients in investigations conducted by state bureaus and attorneys general, including civil, criminal, and administrative enforcement actions involving violations of federal securities laws and state blue-sky laws.

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Secured a victory at the Delaware Supreme Court for House of Lithium, Ltd., a private equity fund, when the court affirmed the decision of the Delaware Court of Chancery relating to an alleged breach of stock purchase agreements valued at almost $100 million. The Chancery Court found that although the agreements were valid contracts, the plaintiffs failed to satisfy the necessary conditions to close, and as a result, our client was not obligated to proceed with the transaction.

Represented Consolidated Rail Corporation in the United States District Court for the Eastern District of Pennsylvania in an action allegedly based upon an assignment of rights to challenge Conrail’s sale of property to a third-party. We successfully invoked the doctrine of champerty to obtain dismissal of the claim and this was affirmed by the United States Court of Appeals for the Third Circuit.

Represented this leading pharmaceutical company in its misappropriation of trade secrets case against a start-up competitor in a civil jury trial in Delaware’s Superior Court.

Represented the State of New Jersey in a litigation against the State of New York that resulted in a significant victory in favor of our client at the New York Court of Appeals, which declared New York’s commuter tax unconstitutional.

Obtained a “no action” letter from the Federal Trade Commission in connection with “Made in USA” marketing claims on behalf of a Boston-based technology company.

Counsel for Fortune 50 retailer in defense of action by New Jersey Attorney General alleging pervasive violations of the New Jersey Consumer Fraud Act.

Obtained the dismissal of all claims asserted against Hewlett Packard Enterprise Co. in a New York state court litigation seeking millions of dollars in damages in connection with plaintiff’s allegations that he had been denied just compensation for his share of a business acquired by HPE. The court dismissed the complaint in its entirety prior to discovery.

Secured the complete dismissal, with prejudice, of an action filed against a national residential mortgage broker in the U.S. District Court for the District of Connecticut. The Court granted our motion to dismiss in its entirety, dismissing the five-count complaint against the client, which included claims of fraudulent misrepresentation and unfair trade practices related to allegations that the client orchestrated a scheme to fraudulently acquire the business assets of a competitor. The action was dismissed with prejudice and the Court denied the plaintiff leave to amend the pleadings.

Represented a stockholder in successfully challenging and invalidating a provision requiring stockholders to personally indemnify the buyer in a merger transaction.

Represented defendants in breach of contract and misappropriation of trade secrets action. Clients prevailed following jury trial and again on appeal.

Represented the stockholders’ representative in a post-acquisition indemnification dispute. Negotiated resolution saving stockholders tens of millions of dollars in claimed indemnification.

Represented defendant in fraud and breach of contract litigation. Negotiated a resolution saving defendant over $40 million in claimed damages.

Successfully defended a national investment advisor affiliate and its principals against a $7.5 million claim in a FINRA arbitration involving civil RICO claims and additional claims for unfair trade practices, defamation, breach of contract, tortious interference, conversion, and statutory theft. After 39 days of hearings, the dispute culminated in a defense decision ordering the claimant to pay over $1.1 million to our clients on the counterclaims, which amount included punitive damages and attorneys’ fees.

Defended a prominent New Jersey law firm in a multi-million dollar legal malpractice claim brought by the U.S. Small Business Administration.

Successfully challenged the denial by the State Board of Nursing to accredit a New Jersey-based nursing school and obtained a unanimous reversal of the Board’s decision before the New Jersey Supreme Court.

Defended a leading medical device manufacturer in an action brought in the District of Connecticut by the operator of an online auction site which facilitates the purchase of medical supplies by hospitals and buying organizations. Plaintiff alleged that our client failed to make payments to the auction operator of a portion of any awarded bid, as allegedly required by the auction rules. We contended that the entire auction payment scheme violates the Federal Anti-kickback Statute as it relates to medical contracts, an issue of first impression under health care regulation. The Court agreed with us and granted summary judgment on all counts.

Served as plaintiffs’ counsel for more than a dozen Spring Air mattress manufacturers and licensees in the favorable settlement of a federal MDL against several domestic and international manufacturers of polyurethane foam. We sought damages and injunctive relief from defendants pursuant to §1 of the Sherman Antitrust Act alleging that, for more than a decade, defendants engaged in a conspiracy to fix the price of polyurethane foam used in our mattress products.

Affirming a $33 million judgment on behalf of a multinational consumer electronics maker, before the United States Court of Appeals for the Seventh Circuit.

Affirming the Appellate Division of New Jersey Superior Court’s complete dismissal of a $25 million lawsuit brought by an asset-based lender against our client, a mail-order retailer.

Represented major life insurance company in two-week jury trial to determine cause and manner of death of named insured.

Securing a multimillion-dollar award for a major chemical company in a binding arbitration arising from a chemical supply contract, successfully defeating claims in excess of $30 million and prevailing on a counterclaim of approximately $10 million.

Defended a top national bank against securities fraud claims filed in New Jersey federal court by an investor; secured dismissal of all claims at the pleading stage on a motion to dismiss.

Defending a major bank in two jury trial wins and two appeals to the Second Circuit in a $90 million case brought by secured equipment trust certificate holders alleging breaches of contract, fiduciary duty, and the federal Trust Indenture Act.

Representing clients in various alternative dispute resolution forums, including the American Arbitration Association and the International Institute for Conflict Prevention and Resolution.

Represented worldwide telecom company in week-long jury trial concerning contractual indemnity and defense obligations.

Represented The State of New Jersey in Quinn v. The State of New York in successfully obtaining the declaration of New York's Amended Commuter Tax as unconstitutional.

Obtaining a summary judgment dismissal of an $8 billion short-selling RICO conspiracy case in favor of the client, a preeminent hedge fund group and its principal, in a highly publicized litigation in the Superior Court of New Jersey.