The firm’s litigation group represents clients in federal, bankruptcy and state court proceedings at both the trial and appellate levels, as well as in arbitrations and mediations. Our clients range from corporations, banks, hedge funds, insurance companies and other financial institutions to individual entrepreneurs. Among the matters we litigate are cases arising out of debtor-creditor relationships, commercial tort, fraud and contract actions, and disputes among competing lenders.
We are known for our tenacity, our aggressive pursuit of remedies for our clients, and our tireless defense of claims against our clients. But we also understand that litigation arises within a business context. Our attorneys have the experience and business acumen to analyze sophisticated transactions or business disputes and devise strategies that maximize benefits and minimize exposure for our clients.
We are proud of the many important, precedent-setting successes we have achieved for our clients over the years. And we are equally proud to have helped many clients to avoid protracted litigation through appropriate counseling, sound advice and negotiation.
In general, we staff our major litigation cases with fewer attorneys than are typical at other firms. We prefer using smaller teams with deeper knowledge of, and involvement in, each matter, rather than many people performing isolated tasks. Over the years, we have found that our approach contributes significantly to efficiency, client confidence and associate satisfaction.
Our litigators are experienced in handling a wide spectrum of disputes, including, among other areas:
The work done by accountants is subject to particular scrutiny in the representation of banks and other financial institutions or corporations that have suffered financial failure. As a result, a significant body of case law has evolved to establish and refine the bounds of accountants’ legal liability. Because we have been involved in numerous actions against accounting firms, we are in a particularly good position to advise a client of the existence of such a claim, the basis for it, and the possibility of its success.
When business relationships such as law partnerships, medical practices, joint ventures or corporations face disputes or dissolution, individuals need representation to protect their interests in the existing business and to go on to establish new ventures. The firm has successfully represented parties involved in business relationship disputes, both in the courts and arbitral forums, as well as reaching negotiated settlements so as to avoid the need for litigation.
Our litigators have defended clients in class actions brought both by consumers and in commercial contexts. We know the unique procedural twists that may arise in such cases and have the practical experience to manage these matters to our client's advantage.
Corporate Investigations and White Collar Crime
The firm regularly works with clients, corporate boards and special committees to investigate and advise on internal corporate matters, including issues arising under the Foreign Corrupt Practices Act, securities regulations and reporting, and corporate ethics matters. Our white collar criminal practice includes the representation of businesses and individuals who are involved in or subject to federal or state investigations and prosecutions.
Crisis Advice and Management
When a business faces a crisis such as discovery of a fraud or a major problem with a product or employee, there may be an immediate need for public disclosure, to address regulatory issues or institute prompt court action, or to take other legal steps to protect corporate assets. We leverage our extensive legal and practical experience to provide clients with the prompt, clear-headed advice they need to weather such turbulent times.
As discovery proceedings and obligations grow more complex, the firm has developed expertise in advising and assisting clients who are parties or non-parties in dealing with electronic discovery. We are regularly retained on matters involving millions of pages of paper and electronic documents, and can work with clients to develop and implement appropriate document retention policies and programs.
The firm's experience in commercial litigation includes the representation of banks, hedge funds, insurance companies and other financial institutions in a variety of circumstances. We are known for our expertise in many areas of law that financial institutions may confront, including:
Fraud and business torts
Uniform Commercial Code issues
General Corporate Matters
We represent both corporations and partnerships in all types of disputes and litigation, including:
Corporate and partnership law
Laws relating to acquisitions, mergers, sales and dissolutions
Mortgage backed securities
Officer and director liability and shareholder derivative actions
Trade secret protection, licensing, copyrights and trademarks
We counsel clients to consider whether and to what extent there may be insurance coverage available, such as directors’ and officers’ liability insurance, professional liability insurance and casualty insurance. The firm also represents insureds, insurers and third-party beneficiaries in disputes regarding coverage, liability and damages.
Our lawyers collaborate closely with counsel in other jurisdictions to pursue and protect our clients’ rights. We have a deep understanding of the ways in which United States law works in relation to international conventions and treaties in cross-border trade disputes and international bankruptcies, and we apply this knowledge to the defense or remedies of our creditor clients, whether the debtor is located or organized outside the United States or within the United States with assets abroad. We are also conversant in the intricacies of international and domestic laws governing letters of credit and related matters of international trade, finance and international banking.
Mortgage-Backed Securities and Collateralized Debt Obligations
We represent issuers, underwriters, insurers and other credit guarantors and purchasers who have been parties to structured finance transactions in investigations and litigations. At the heart of the financial turbulence facing the global economy is the complex world of residential and commercial mortgage-backed securities and other collateralized debt obligations. We are adept at counseling and litigating the contract, representation and warranty, fraud and other tort claims that the parties face or may assert in connection with these transactions.
Real Estate Litigation
Our lawyers understand the steps necessary to litigate real estate matters successfully, and are able to avoid pitfalls that may prevent a lender or other party enmeshed in a real estate dispute from successfully protecting its position or pursuing remedies.
Risk Management and Portfolio Reviews
We review loan portfolios on behalf of either prospective buyers or sellers, and provide counsel to our clients with respect to the litigation and other legal risks affecting such portfolios.
Toxic Asset Workouts, Disposition and Litigation
The firm represents lenders and other parties in connection with workouts, dispositions and litigation of “toxic” assets, including real estate parcels and portfolios. Our clients include financial institutions and government agencies engaged in the management and disposition of problem assets. We assist clients in all aspects of the workout and disposition process and, where necessary, the enforcement of their rights in the courtroom.Top of Page
- $800 Million Fraudulent Transfer Action Against Bank of America Dismissed
- 11 Otterbourg Attorneys Included in the 2013 Super Lawyers Business Edition
- Bank Represented by Otterbourg Held Not Liable for Customs Duties for In-Transit Inventory
- Commercial Finance Association Files an Amicus Brief on Appeal to the Ninth Circuit
- Federal Judge Selects Otterbourg Attorney for Southern District Advisory Group
- New BTI Client Service All-Star from Otterbourg
- New York Court of Appeals Rules on Rights of Lender to Rely on Representations about Financial Statements
- Otterbourg Attorneys Named 2015 Super Lawyers
- Otterbourg Establishes Women in Finance Luncheon Series
- Otterbourg Named New York Financial Services Law Firm of the Year
- Otterbourg Obtains Summary Judgment in a Case of First Impression on Bills of Lading
- Otterbourg Partner and Former Bankruptcy Chief Judge Selected As Referee for Sale of Stuyvesant Town and Peter Cooper Village
- Otterbourg Partner Named a Fellow of the American College of Bankruptcy
- Otterbourg Partner Presents on Mediation in Federal Courts
- Otterbourg Presents Award at 5th Annual Women in Achievement Awards
- Otterbourg Prevails in Action on Capital Call Agreement
- Otterbourg Prevails in Upholding Usury Savings Clause
- Otterbourg Receives Five Tier 1 Rankings from U.S. News & World Report and Best Lawyers
- Otterbourg Successful in Dismissing Antitrust Complaint against 3 Commercial Finance Firms
- Otterbourg Successfully Defeats Class Action
- Otterbourg Successfully Represents Law Firm in Bankruptcy Fee Case
- Otterbourg Wins 2014 Dispute Resolution Award
- Otterbourg Wins in Third Circuit Antitrust Action
- Otterbourg's Melanie Cyganowski Appointed to GM Ignition Switch Multidistrict Litigation Committee
- Six Otterbourg Attorneys Listed in the Best Lawyers in America