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Title

Litigation

Description
Our record of success in trying high-stakes cases — including commercial and white collar matters — places us among the pre-eminent litigation groups in the nation.
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  • Kramer Levin lawyers have taken on and won precedent-setting federal and state court cases and bet-the-company matters, handling trials and appeals, and resolving disputes through arbitration, mediation and negotiated settlement. Our litigators are regarded as trial-ready, formidable opponents, which often enables us to resolve cases advantageously without litigation. We are also known for our success in achieving early case dismissal through skillful motion practice.

    In recent years, Kramer Levin litigators have tried to judgment a wide range of contract, fraud and other complex disputes for clients in industries as diverse as entertainment, energy, financial services and consumer products. We have attained winning results trying high-stakes cases — including complex commercial and white collar cases and Securities and Exchange Commission regulatory investigations and enforcement proceedings — which has earned us a reputation as one of the pre-eminent litigation groups in the nation.

    Our Litigation group includes former senior federal prosecutors, public defenders, counsel for congressional committees, fellows of the American College of Trial Lawyers, and dozens of lawyers who have served as law clerks to federal or state court judges. We use the knowledge, experience and insight gained in those roles to anticipate our opponents’ arguments, help clients determine the best course of action and optimize results. We keep our staffing lean, using smaller teams to maximize efficiency and ensure that every lawyer assigned to a case is well-versed in its facts and issues. When necessary, we draw on our firm’s different practice groups to assemble teams that can master the largest and most complex litigation. Utilizing our well-established network of expert witnesses and employing cutting-edge technologies, we streamline e-discovery, enhance the presentation of evidence at trial and efficiently manage litigation.

    While we often litigate matters for our corporate clients, about two-thirds of our cases come from clients who have retained us specifically because of our litigation capabilities.

    Defining Matters

    • Kramer Levin Secures Dismissal of Claims Against Deloitte Italy

      On Feb. 24, 2021, the U.S. District Court for the Western District of Pennsylvania granted the motion of our client, Deloitte & Touche S.p.A. (Deloitte Italy), to dismiss RICO, fraud and other Pennsylvania common law claims, in LCV Capital Management LLC v. Nuova Argo Finanziaria, et al., for lack of personal jurisdiction and denied plaintiffs’ motion for leave to file a second amended complaint.
    • Kramer Levin Represents Sutton 58 Associates LLC in Successful Appeal Before New York Court of Appeals

      On Nov. 24, 2020, the New York Court of Appeals reinstated a lawsuit brought by Sutton 58 Associates LLC, an affiliate of Gamma Real Estate, against real estate investor Philip Pilevsky, his sons and related entities. The suit seeks approximately $100 million in damages against the Pilevskys for tortious interference with Gamma’s loan agreements with the original developer of a proposed residential tower on Sutton Place and 58th Street.
    • SDNY Allows Kramer Levin Clients EIG Energy Funds XIV and XV to Move Forward with Aiding and Abetting Fraud Claim Against Keppel Offshore & Marine

      On May 11, 2020, the U.S. District Court for the Southern District of New York ruled that Kramer Levin clients EIG Energy Funds XIV and XV can move forward with their aiding and abetting fraud claim against Keppel Offshore & Marine Ltd.
    • Kramer Levin Files Suit for The Procter & Gamble Company against Railroads Alleging Violations of Federal Antitrust Laws

      On May 1, 2020, Kramer Levin filed a federal antitrust lawsuit in the U.S. District Court for the Southern District of Ohio on behalf of its clients The Procter & Gamble Company and certain affiliates against BNSF Railway Company, Union Pacific Railroad Company, CSX Transportation, Inc. and Norfolk Southern Railway Company.
    • Kramer Levin Wins Eleventh Circuit Appeal of Dismissal of Securities Fraud Class Action Against Mortgage Servicer Ocwen

      On Aug. 15, 2019, Kramer Levin achieved another win for its client Ocwen Financial Corporation when the Eleventh Circuit Court of Appeals affirmed the District Court’s dismissal with prejudice of a securities fraud class action against Ocwen.
    • Kramer Levin Secures Another Victory for EIG Energy Funds XIV and XV in Petrobas Litigation

      On July 30, 2019, Kramer Levin achieved another win for EIG Energy Funds XIV and XV on July 30, when a federal district court judge ruled that Petrobras had forfeited the right to arbitrate the 2016 lawsuit described below by waiting until April 2019 to claim it. The court also found that Petrobras had expressly waived arbitration earlier in the proceeding and had failed to show that arbitration was warranted on the merits.
    • SCOTUS Denies Cert, EIG Suit Moves Forward in US

      When firm client EIG Global Energy Partners and funds that it manages brought suit against Petróleo Brasiliero SA (Petrobras) in federal district court in 2016, Petrobras, an instrumentality of the Brazilian government, filed a motion to dismiss, asserting that it was immune from U.S. jurisdiction under the U.S. Foreign Sovereign Immunity Act. Three years later, the parties litigated this issue up to the U.S. Supreme Court.

    Focus Areas

    • Advertising Litigation
    • Alternative Dispute Resolution
    • Antitrust and Competition Litigation
    • Bankruptcy Litigation and Investigations
    • Complex Commercial Litigation
    • Congressional Investigations
    • Crisis Management
    • Privacy, Cybersecurity and Data Innovation
    • False Claims Act Litigation
    • Financial Services Litigation
    • Internal Investigations
    • Professional Liability Defense
    • Real Estate Litigation
    • Securities and Shareholder Litigation
    • Supreme Court and Appellate Litigation
    • White Collar Defense and Government Investigations
    A 'Litigation Powerhouse'
    — Law360

    Practice Contacts

      • Kerri Ann Law

        • Partner
        • Partner, Chair, Complex Commercial Litigation
        • New York
        • klaw@kramerlevin.com
        • T 212.715.9128
        • F 212.715.8128
      • vcard
      • Gary P. Naftalis

        • Partner
        • Partner, Firm Co-Chairman
        • New York
        • gnaftalis@kramerlevin.com
        • T 212.715.9253
        • F 212.715.8253
      • vcard
      • Paul H. Schoeman

        • Partner
        • Partner, Co-Managing Partner; Chair, White Collar Defense and Investigations
        • New York
        • pschoeman@kramerlevin.com
        • T 212.715.9264
        • F 212.715.8064
      • vcard
      • Norman C. Simon

        • Partner
        • Partner, Chair, Advertising Litigation
        • New York
        • nsimon@kramerlevin.com
        • T 212.715.7816
        • F 212.715.8054
      • vcard
    • Perspectives

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        Defining Matters
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        May 05, 2025
        Title
        Kramer Levin Client To Receive Lifechanging Cash Award as Compensation for Wrongful Conviction
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        May 05, 2025
        Title
        Kramer Levin Elevates Litigators in New York and Washington, DC Offices
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        April 28, 2025
        Title
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        March 18, 2025
        Title
        Kramer Levin Obtains Second Circuit Affirmance of Dismissal with Prejudice in Putative Consumer Class Action Against Clearblue Ovulation Test Kits
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        Date
        Feb. 19, 2025
        Title
        Second Circuit Affirms Order Compelling Disclosure of Attorney-Client Communications Subject to the Crime-Fraud Privilege Exception
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        Date
        Feb. 13, 2025
        Title
        President Trump Signs Executive Order Pausing Enforcement Under the FCPA; Attorney General Bondi Issues 14 Memoranda Realigning DOJ Enforcement Priorities
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      • Category
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        Date
        Jan. 23, 2025
        Title
        Kramer Levin Files Amicus Brief in the US Supreme Court on Behalf of March For Our Lives Action Fund in Support of Gun Victims’ Right to Redress
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        Jan. 23, 2025
        Title
        Third Circuit Chides SEC for Terse Refusal To Engage in Crypto Rulemaking
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        Jan. 06, 2025
        Title
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        Date
        Dec. 12, 2024
        Title
        Delaware Supreme Court Affirms Breach of Fiduciary Duty Judgment Against CEO but Reverses Bidder’s Aiding and Abetting Liability
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      • Category
        Articles
        Date
        Dec. 04, 2024
        Title
        US Audit Board Rightly Paused New Plan for Illegal Act Reporting
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        Date
        Nov. 22, 2024
        Title
        Advisory Firm Pays $17.5M Civil Penalty To Settle SEC Charges for Making Misrepresentations Regarding ESG Considerations in Investment Decisions
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      • Category
        Media Mentions
        Date
        Nov. 13, 2024
        Title
        The National Law Journal: Justices Ask If They Should Have Even Taken Nvidia’s Appeal of Investor Suit
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        Date
        Oct. 24, 2024
        Title
        2024 New York Super Lawyers and Rising Stars Lists Include Over 90 Kramer Levin Attorneys
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        Oct. 10, 2024
        Title
        Kramer Levin Formalizes Private Credit Practice, Serving Clients Seeking Creative Financing Strategies and Access to New Asset Classes
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        Oct. 03, 2024
        Title
        Benchmark Litigation 2025 Recognizes Kramer Levin
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        Oct. 02, 2024
        Title
        DOJ Updates Corporate Compliance Programs Criteria To Include Focus on AI Emerging Technologies
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        Sept. 09, 2024
        Title
        Kramer Levin Expands Litigation and Congressional Investigations Practices with Addition of Former White House Special Counsel Richard Sauber
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        Date
        Aug. 28, 2024
        Title
        Kramer Levin Files Amicus Briefs on Behalf of the Environmental Defense Fund, 17 Other Groups and Six Individuals Supporting Congestion Pricing for New York City
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        Aug. 13, 2024
        Title
        Kramer Levin Seeks Supreme Court Review in Bribery Case Against Former New York Lt. Gov. Brian Benjamin
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        Aug. 06, 2024
        Title
        Kramer Levin Files Amicus Brief on Behalf of Former Generals, Admirals and Surgeons General in Support of Transgender Veterans
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        Aug. 05, 2024
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        Audit Watchdog’s Future at Risk After Supreme Court’s SEC Ruling
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        June 27, 2024
        Title
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        June 26, 2024
        Title
        Supreme Court Grants Certiorari To Determine Scope of Required Corporate Risk Disclosures
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        June 20, 2024
        Title
        Kramer Levin Obtains Appellate Victory in Lender Liability Dispute Over Multibillion-Dollar Real Estate Development
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        June 11, 2024
        Title
        Kramer Levin Secures Another Appellate Victory for Client EIG Global Energy Partners
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        June 06, 2024
        Title
        Chambers USA 2024 Recognizes Kramer Levin
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        May 01, 2024
        Title
        Former DOJ Appellate Attorney Daniel Lerman Joins Kramer Levin as Deputy Chair of Supreme Court and Appellate Litigation Practice
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        April 30, 2024
        Title
        Kramer Levin to be Honored by Brooklyn Defender Services at 2024 Family Defense Benefit
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        Date
        April 22, 2024
        Title
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    • Recognition

      Year
      2010 – 2025
      Name
      U.S. News & World Report and Best Lawyers’ Best Law Firms
      Description
      Ranked in Tier 1 for Criminal Defense: White-Collar (National, New York); Ranked in Tier 1 for Litigation – Regulatory Enforcement (SEC, Telecom, Energy) (National, New York); Recognized for White-Collar (Washington, DC)
      Year
      2008 – 2024
      Name
      Chambers USA
      Description
      Recognized for:
      Litigation – General Commercial: The Elite – NY (2005-2024)
      Litigation – White-Collar Crime & Government Investigations – NY (2008-2024)
      Litigation – Securities – NY (2019-2024)
      Litigation – General Commercial: The Elite – DC (2022-2024)
      Year
      2023
      Name
      Law360 Practice Group of the Year: White Collar
      Year
      2023
      Name
      New York Law Journal's New York Legal Awards: Litigation Department of the Year for Real Estate
      Year
      2023
      Name
      The National Law Journal: 2023 Appellate Hot List
      Year
      2023
      Name
      Benchmark Litigation: White Collar Crime/Investigations Firm of the Year – Nationwide
      Year
      2022
      Name
      Benchmark Litigation: Law Firm of the Year for New York
      Year
      2007 – 2020
      Name
      Benchmark Litigation
      Description
      Recognized as a Leading New York Litigation Firm
      Year
      2017
      Name
      American Antitrust Institute
      Description
      Received Antitrust Enforcement Award for Outstanding Antitrust Litigation Achievement in Private Law Practice
      Year
      2007 – 2020, 2023 – 2024
      Name
      Legal 500 US
      Description
      Ranked in Top Tier for White Collar Criminal Defense: Advice to Individuals (2023 – 2024); Recognized for White Collar Criminal Defense: Advice to Corporates
      Year
      2007 – 2024
      Name
      Legal 500 US
      Description
      Recognized for General Commercial Disputes
      Year
      2007 – 2022, 2024
      Name
      Legal 500 US
      Description
      Recognized for Securities Litigation
      Year
      2007-2018
      Name
      Legal 500 US
      Description
      Recognized for Leading Trial Lawyers
      Year
      2006-2017
      Name
      Chambers Global
      Description
      Recognized for Litigation: Trial Lawyers
      Year
      2010-2014
      Name
      Chambers USA
      Description
      Recognized for Litigation: Trial Lawyers
      Year
      2010-2017
      Name
      U.S. News & World Report and Best Lawyers’ Best Law Firms
      Description
      Ranked in Tier 1 for Litigation (National and New York)
      Year
      2017
      Name
      The American Lawyer
      Description
      Profiled as One of 2016’s 17 Pro Bono Matters that Big Law Championed for Touro Synagogue
      Year
      2016
      Name
      Law360
      Description
      Named a Litigation Powerhouse
      Year
      2016
      Name
      Law360
      Description
      Named Practice Group of the Year
      Year
      2016
      Name
      Global Law Experts
      Description
      Named New York White Collar Defense Law Firm of the Year
      Year
      2014
      Name
      Monthly Finance Global Awards
      Description
      Named White Collar Crime Law Firm of the Year
      Year
      2013
      Name
      Corporate INTL Magazine
      Description
      Named New York Business Crime Law Firm of the Year
      Year
      2006 – 2024
      Name
      Chambers USA
      Description
      Ranked in Band 1 for Advertising Litigation (2010 – 2024)

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