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RK&O’s litigation practice was recognized as “highly regarded” by Chambers USA: America’s Leading Lawyers for Business 2009, which noted that our clients regard our litigators as “extremely tough and client-focused” and “excellent at turning difficult situations into satisfying outcomes.”  Our attorneys’ trial experience informs our judgment at every stage of litigation, from evaluating the prospective strengths and weaknesses of a case, to formulating strategy for discovery, engaging in settlement discussions and, ultimately, preparing for and conducting trial.  RK&O works closely with the client throughout the litigation process to ensure that strategic and tactical choices remain consistent with the client’s business objectives.

As business and commercial litigators, our advice and advocacy are informed by the diversity of disputes we have litigated.  These include claims for breach of contract, breach of non-compete agreements, breach of fiduciary duty, fraud, theft of intellectual property, antitrust violations, insurance litigation and intellectual property infringement.

Experience

• The Boeing Company as defendant in all of Boeing’s 9/11-related wrongful death and property damage litigation. We act as lead counsel for Boeing on damages analysis and the defense of the six largest property claims, which together exceed $15 billion. We obtained a grant of our summary judgment motion capping Larry Silverstein’s claims for more than $12 billion against Boeing and other defendants at $2.8 billion. A further motion is pending to offset the $2.8 billion claim against $4.1 billion of insurance recoveries that Silverstein obtained.
• Financial Guaranty Insurance Company ("FGIC"), a monoline bond insurer whose credit rating was downgraded as a result of the mortgage crisis, as national litigation counsel. We currently represent FGIC in 14 class action and other litigations in New York, Alabama, California, Louisiana and Arizona. The litigations raise extremely complex issues, implicating the subprime mortgage crisis, structured finance, municipal finance and the system of dual credit ratings for municipalities and corporations.
• Counsel for Oracle Partners and its affiliate, Oracle Real Estate Holdings, in breach of contract and fraud litigation pending in the United States District Court for the Southern District of New York. The dispute arises out of an investment made by plaintiff which relates to real estate holdings in Florida. We successfully obtained both a temporary restraining order and preliminary injunction against the defendants which resulted in the Court ordering that all voting control of the entity that holds the real estate at issue is transferred to plaintiff during the pendency of the litigation.
• Represented a manufacturer and wholesaler in a federal jury trial involving a contract and copyright dispute arising from a licensing agreement.
• Represented a large chemical manufacturing company in litigation alleging breach of the terms of a stock purchase agreement and non-compete agreement entered into in connection with the sale of a subsidiary.
• Represented major financial corporation in obtaining voluntary dismissal of federal court action brought by hospital in connection with hospital’s lease of equipment from manufacturer and manufacturer’s assignment of contract receivables to client.
• Represented a manufacturer in a multimillion-dollar state court action brought by a factory seeking to evade an arbitration clause entered into by an assignor under the Uniform Commercial Code.
• Represented a major media and advertising corporation in obtaining resolution of state court action brought by foreign bank after corporation declined to register the transfer of shares of restricted stock to bank.
• The acquirer of a manufacturing company in a litigation brought by the founder and former CEO of that company who was terminated, allegedly "for cause", shortly before his options vested.
• An international manufacturer of software in defending allegations by former employees of violations of labor laws in the United States and the United Kingdom, and prosecuting copyright infringement claims against the same former employees.
• A mutual fund manager accused of improprieties in the valuation of his investments.
• A former CFO of a software company in connection with enforcing change-of-control provisions in his employment contract after his company merged merger with another software company.

Publications

• "Tribune suits put public liability on trial" by Craig Newman published in the Financial Times
• "MSHDA v. Lehman: Trying to Keep the Safe Harbor Safe for Swap Counterparties" by Neil Binder
• "Recent New York Case Demonstrates Limits of Big Boy Provisions" by Brian Fraser and Tamala Newbold published by VCExperts
• "Denial of Consents to Secondary Loan Assignments on the Rise" by Paul Haskel and Neil Binder

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Presentations

• James Walker to participate in PLI “Ethics for Corporate Counsel: Multijurisdictional Practice and Other Current Issues” seminar
• James Walker to participate in “Preserving Privileges: Ethical Issues Confronting Insurers, Policyholders, & Counsel” panel sponsored by the New York City Bar Association
• James Walker participates in “How to Effectively Maneuver Through the Forest of Social Media,” hosted by the Association of Black Women Attorneys
• James Walker co-presented "High Tech/High Impact Ethics" at the National Employment Lawyers Association New York City Conference on Representing Employees

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News & Announcements

• Richards Kibbe & Orbe LLP names Matthew Riccardi a partner and Grace Wen counsel
• Craig Newman quoted in Management Today article "Off on a Rant"
• Neil Binder recognized among AVENUE magazine's Legal Elite for second consecutive year
• James Walker quoted in Law360 article "FDIC Sets Its Sights On Failed Banks' Law Firms"

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