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Complex Contract & Commercial Litigation
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Complex Contract & Commercial Litigation
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Gordon Atkinson
Partner—San Francisco, CA

Celia Goldwag Barenholtz
Partner—New York, NY

John C. Dwyer
Partner—Palo Alto, CA

Alan Levine
Partner—New York, NY

Robert Lovett
Partner—Boston, MA

Richard Sanders
Partner—Boston, MA


Ashley Kanigher



Each year, Cooley Godward Kronish's Complex Contract & Commercial Litigation litigators try a significant number of complex, high-stakes cases in areas such as RICO and fraud, antitrust, securities, foreign exchange, derivatives, commodities, insurance and reinsurance, contracts, partnerships, corporate governance, employment and ERISA, to name a few. From 2004 through 2006 alone, our litigators handled hundreds of cases in more than 80 state and federal courts, arbitral forums and administrative bodies across the country. A sampling of this work includes:

  • A major victory on behalf of our client, Siebel Systems, Inc., against the Securities & Exchange Commission in the first litigated cased under Regulation FD (Fair Disclosure)
  • A settlement in which our clients, St. Paul Fire and Marine Insurance Co. and Travelers Indemnity Company, and seven other insurance companies agreed to pay approximately half of the $1.093 billion sought by JPMorgan Chase in relation to Enron obligations  
  • The granting of summary judgment to our client, PacifiCare Health Systems, in a series of national HMO-related class actions pending in a Florida federal court, involving tens of billions of dollars
  • A dismissal with prejudice in a suit brought by Monolithic System Technology, Inc. in Delaware Chancery Court seeking to compel our client, Synopsys, Inc., to complete its acquisition of MoSys
  • Sale of patents for Auspex, Inc. through a bankruptcy auction process, enabling the company to resolve its Chapter 11 liquidation with full satisfaction of all creditor claims
  • A consent judgment during trial on behalf of Del Mar Datatrac Inc., permanently enjoining both the misuse of Datatrac source code and further contacts by defendants with Datatrac’s customers
  • Settlement against major insurers for our client, GATX Capital Corporation, after first prevailing in more than 10 summary judgment motions filed by insurers’ counsel

We also have in-depth experience representing companies in numerous types of class actions, including RICO and fraud, securities, copyright, products liability, digital rights, wage and hour, antitrust and consumer actions, and various statutory violations, such as unfair competition laws and other consumer protection statutes. We know the ins and outs of the certification procedures, how to creatively structure class action settlements and, when necessary, how to try these cases.

Our clients include leading companies of all sizes from new, emerging companies to Fortune 50 and 100 public companies across many industries, such as capital markets, entertainment and media, transportation, insurance, military contracting, and accounting, with a particular focus on technology companies and financial institutions in all sectors. We have a deep understanding of what these businesses do and what they expect and need from their litigators.

Our client list also extends beyond corporations to include banks, broker dealers, private investment firms, real estate developers, individual directors, hospitals, corporate boards and more. We often represent professionals as well. For example, we have advised attorneys and law firms in connection with partnership issues, disputes with clients and professional responsibility matters; and we have tried cases involving partnership disputes and legal and accounting malpractice actions. In one case, we obtained a jury verdict for a major law firm a $40 million malpractice action arising from its representation of a client in a complex bankruptcy and corporate transaction.

While our team comprises skilled litigators who repeatedly win jury verdicts in favor of our clients, we appreciate that litigation, and ultimately trial, are not always the best answers. To this end, we offer a broad range of pre-litigation counseling, so that our clients can avoid litigation when possible. We work with each of our clients to achieve the best outcome under the circumstances, in the most prompt and cost-efficient manner.

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