Commercial Litigation

At Kaplan & Company, LLP, we have extensive experience in cutting-edge commercial litigation matters, representing companies large and small as both plaintiffs and defendants, in state and federal courts.

Kaplan & Company, LLP lawyers have represented a highly diverse group of clients, including large financial institutions and ratings agencies, Fortune 500 companies, a large pharmaceutical company, an NFL team, and an Ivy-League university, as well as hedge funds, private equity funds, smaller commercial companies, startups, family-owned businesses, and prominent individuals.

General Commercial Litigation

Kaplan & Company, LLP lawyers are highly experienced commercial litigators with wide-ranging backgrounds that include litigating various commercial disputes on behalf of both plaintiffs and defendants, in court and in mediation and arbitration proceedings. Our practice includes contract disputes, partnership disputes, bankruptcy litigation, class actions, consumer protection cases, and much more. We have tried cases to verdict and defended those verdicts on appeal, and we have also delivered victories for our clients at the earliest stages of litigation. Our approach—having the strategy to win, and proceeding in the most efficient way possible—also results in favorable, early settlements for our clients.

Securities Litigation

Kaplan & Company, LLP lawyers have deep experience representing financial institutions in complex securities matters. We were on the front lines of the RMBS and CDO litigation of the past decade, in both regulatory investigations and a variety of civil lawsuits. We also have taken leading roles in matters concerning municipal bond transactions, research reports, market timing, bid rigging and brokerage practices, accounting and reinsurance transactions, and myriad other issues.

Appellate Litigation

Kaplan & Company, LLP lawyers have litigated cases in numerous state and federal appellate courts, including the U.S. Supreme Court, the federal Courts of Appeals (including in particular the Second Circuit, Fifth Circuit, and Ninth Circuit), and state courts of appeals. Our appellate practice spans all areas of our commercial litigation practice.

Representative commercial litigation matters since launching include:

  • Represented large hotel developer in high-profile contract dispute, including in arbitration and court proceedings;
  • Represented T-Mobile in federal appellate and mediation proceedings concerning various tort and contract claims; 
  • Represented large technology company seeking dismissal of putative class action pending in federal court;
  • Represented non-profit healthcare provider in Second Circuit appeal of post-trial damages ruling;
  • Represented individual in appeal of adverse standing ruling in high-profile custody case; and
  • Advised individuals in connection with contract disputes relating to management of prominent art estate.

Prior to launching Kaplan & Company, some of our lawyers’ representative commercial litigation matters include:

  • Represented ratings agency in dozens of civil litigations in both state and federal court relating to credit ratings of RMBS, CDO, and municipal bond transactions from 2007 through the most recent financial crisis;
  • Represented the California Public Utilities Commission in litigation relating to the bankruptcy of public utility PG&E;
  • Acted as lead counsel for J.P. Morgan Chase and coordinating counsel for a bank syndicate in a multi-billion dollar lender liability proceeding arising out of the bankruptcy of a mortgage originator;· Represented large startup company in putative class actions in the Southern District of New York;
  • Represented T-Mobile in Second Circuit appeal of district court decision dismissing the case against the company as a sanction for fraudulent conduct by the plaintiff and his counsel;
  • Represented a Fortune 500 company in major private civil antitrust litigation, in which company prevailed on a motion for judgment as a matter of law post-trial, and successfully defended that judgment on appeal and against a petition for a writ of certiorari to the U.S. Supreme Court; and
  • Represented a Fortune 500 company in complex cross-border tax dispute with former parent company, which resulted in summary judgment entirely in client’s favor.