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Litigation

Sills Cummis litigators represent multinational corporations, financial institutions and government bodies, often in complex and important matters.  Our attorneys are active in pre-trial, trial and appellate matters in federal and state courts, as well as administrative litigation, grand jury investigations, and arbitrations.  We pride ourselves on advancing our client’s strategic business objectives, while at the same time striving to identify the key factual and legal issues that determine the final outcome of the litigation.  We staff our matters intelligently and leanly.

We do not see litigation as an end in itself, but rather as a means of achieving our client’s goals.  This approach, together with a wealth of trial and appellate experience, places us at an advantage against our adversaries both in litigating cases to verdict and in negotiating a favorable settlement.  Our approach also reduces, to the extent practicable, unnecessary and expensive pre-trial activity.

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Representative Matters

  • Representation of a major bank in a $300 million lost profits jury trial surrounding the construction of the largest condominium complex in New Jersey.
  • Representation of a major Wall Street investment bank in dismissing securities fraud and related putative class claims valued at over $100 million by investors in commercial and real estate limited partnerships.
  • Lead defense counsel for a major New York bank in an antitrust and civil RICO class action alleging a conspiracy among lenders to fix the prime rate, obtained dismissal of the action and sustained dismissal on appeal.
  • Represented a luxury European automobile manufacturer in a suit in the Southern District of New York charging that the manufacturer’s largest dealer defrauded it through a complex scheme that included the diversion of automobiles subject to floor plan financing.
  • Recovered in excess of $25 million on behalf of a noted Wall Street investment banker against his former partner and investment funds that the former partner controls based on adjudications in Delaware, New York and New Jersey, for breach of fiduciary duty, fraudulent transfer and breach of contract.
  • Defending the family members of a prominent investment manager in connection with the recovery of approximately $1.2 billion in avoidance actions commenced by the SIPA trustee in In re Bernard L. Madoff Investment Securities LLC.
  • Representation of a leading health care provider in a significant victory in one of a group of class actions against not-for-profit hospitals in federal and state courts throughout the U.S. regarding the charging and collection practices of hospitals with respect to uninsureds.
  • Representation of a major financial institution in obtaining the dismissal of a putative class action arising out of the loss of personal account information of approximately four million customers.  In a written opinion, the court enforced a contractual provision agreeing to arbitration and waiving the customers’ right to pursue class action claims.
  • Representation of a major electronics manufacturer in obtaining summary judgment in a class action claim arising out of an alleged consumer fraud action involving HDTVs.
  • Representation of a consortium of lenders in obtaining final judgment in excess of $72 million against the owners of New Jersey’s largest office tower.
  • Defending a major bank against a $25 million lender liability claim by the developer of a large residential real estate project, obtaining summary judgment dismissing all claims and an affirmance in the U.S. Court of Appeals for the Third Circuit.

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