Ms. Rochon, a member of the firm's Executive Committee, has litigated numerous commercial matters at both the trial and appellate levels, as well as in the arbitration context. She has also represented companies and individuals in a variety of criminal and regulatory investigations. Ms. Rochon was named one of New York's 2011 Super Lawyers in Business Litigation.
Ms. Rochon has extensive experience working with pharmaceutical and biotech companies in disputes concerning licensing, development, supply and distribution agreements. She has conducted numerous arbitrations and has tried cases in state and federal court, including jury trials. In addition to representing such companies in their litigations, Ms. Rochon has advised pharmaceutical companies in assessments of their contractual rights with other drug companies for purposes of structuring their ongoing relationships.
Ms. Rochon has litigated numerous false advertising matters for pharmaceutical and other companies. Legal 500, which has characterized Kramer Levin as "one of the best advertising litigation firms," acknowledged Ms. Rochon as recommended counsel. Most notably, Ms. Rochon represented McNeil-PPC, Inc., a subsidiary of Johnson & Johnson, in obtaining an injunction in federal court against Pfizer, Inc.’s widespread advertising that Listerine is “as effective as floss.” See McNeil-PPC, Inc. v. Pfizer, Inc., 351 F. Supp. 2d 226 (S.D.N.Y. 2005).
Ms. Rochon's practice also extends to representing companies and individuals in connection with sensitive and high-profile criminal and regulatory investigations and representations, including those regarding compliance with rules and regulations promulgated by the Office of Foreign Assets Control (OFAC). She interacts regularly with the Commodity Futures Trading Commission (CFTC), Securities and Exchange Commission (SEC), Manhattan District Attorney's Office, Department of Justice (DOJ) and other governmental agencies. She has conducted, and represented individuals in, internal and government investigations, including investigations concerning compliance with U.S. sanctions laws and regulations, practices of financial institutions, and structuring and rating of collateralized debt obligations.
Additionally, Ms. Rochon represents and advises clients in employment litigations, including disputes concerning discrimination, sexual harassment, retaliation, whisteblowing and complex ERISA claims.
Ms. Rochon is Chair of the Women’s Initiatives Committee. She is also a member of the Leadership 35 Advisory Committee to the National Women's Law Center.
Representative Matters
- Ms. Rochon defended a subsidiary of Johnson & Johnson against a Robinson-Patman antitrust action brought by one of its distributors before a jury in the Southern District of New York and secured an award of millions on its counterclaims.
- Ms. Rochon represented a biotech biodense company in a trial in Delaware Chancery Court against another biotech company regarding the development and licensing of an anti-viral drug to combat smallpox.
- Ms. Rochon represented a subsidiary of Johnson & Johnson in an expedited arbitration against a major pharmaceutical company regarding distribution rights to purchase rapid-exchange catheters for use with coronary stents.
- Ms. Rochon defended a subsidiary of Johnson & Johnson in an action brought by a major pharmaceutical company regarding the scope of its rights to distribute a fully human anti-TNF monoclonal antibody.
- Ms. Rochon represented a medical device company engaged in the diagnosis and treatment of vascular disease in a dispute with a physician researcher regarding his rights under a Joint Venture Agreement and Shareholder's Agreement.
- Ms. Rochon represented McNeil-PPC, Inc., a subsidiary of Johnson & Johnson, in obtaining an injunction in federal court against Pfizer, Inc.’s widespread advertising that Listerine is “as effective as floss.” See McNeil-PPC, Inc. v. Pfizer, Inc., 351 F. Supp. 2d 226 (S.D.N.Y. 2005).
- Ms. Rochon defended a global consumer products company and other companies in a false advertising and consumer fraud nationwide class action brought on behalf of women and men who purchased skin care products advertised as “anti-aging.”
- Ms. Rochon conducted an internal investigation of a rating company concerning its methodology for rating ABS CDOs and contested ratings of certain transactions.
- Ms. Rochon represented a former collateral manager for various collateralized debt obligations from a major financial institution in connection with an inquiry by the SEC and Antitrust Division of the Department of Justice for which no charges were ever brought.
- Ms. Rochon represents a prominent former portfolio manager for a significant hedge fund in governmental investigations and a civil class action regarding alleged commodities manipulation.
- Ms. Rochon represented numerous former and current employees of an international financial institution in a joint state and federal criminal investigation involving compliance with U.S. sanctions laws and regulations. No charges were brought against any of the individuals.
- Ms. Rochon represents a senior employee at a global financial institution in a coordinated investigation conducted by the DOJ, FBI, SEC, CFTC and the United Kingdom's FSA.
- Ms. Rochon provided advice to a major financial institution on litigation risks associated with a takeover involving Europe's largest financial services merger.
- Ms. Rochon represented a hedge fund in resolving contract and CEPA whistleblower claims brought by a former executive.
- Ms. Rochon defended a national law firm against claims by a former employee of sexual harassment in a jury trial in New York State Supreme Court, which was ultimately favorably resolved mid-trial to the satisfaction of the firm.
- Ms. Rochon represented a renowned scientific research organization in a federal employment discrimination and copyright case brought by a former research scientist.
- Ms. Rochon represented a global professional services firm in defending against a federal ERISA action brought by the former president and chief operating officer of one of its subsidiaries regarding his severance benefits.
- Ms. Rochon represented a major medical center in defending against a federal First Amendment and gender discrimination claim brought by a former employee.
- Ms. Rochon represented a telecommunications company in an appeal to the First Department Appellate Division regarding the applicability of certain municipal tax provisions.