Practice Areas & Industries: Caplin & Drysdale, Chartered

 





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Practice/Industry Group Overview

Caplin & Drysdale litigators are regularly asked to handle complex business, financial, and commercial disputes that have put a business in peril. We also represent plaintiffs around the world seeking to have their rights vindicated through the court system. Our litigators efficiently handle matters of varying sizes, emphasizing close communication with clients, hands-on involvement by senior lawyers, and lean staffing in relation to the size of the matters we handle. Our aim is to deliver excellent value for our clients.

COMMERCIAL LITIGATION

Through case analysis and strategy crafting, gathering and proving of facts, persuasive written advocacy, and effective oral presentation, Caplin & Drysdale's complex litigation group is equipped to handle virtually any kind of commercial or financial dispute where the stakes are high.

Representative Engagements

1. Caplin & Drysdale pursued a wrongful corporate spinoff and fraudulent transfer case in a major Chapter 11 proceeding.

Result: Compensation estimated at over $1 billion dollars was recovered.

2. Following the collapse of a bank holding company and its lead banking subsidiary, Caplin & Drysdale was retained to represent the principal executive officers and directors of the company in a combined class action securities fraud and derivative suit seeking damages in excess of $100 million.

Result: Following denial of class certification and during the pendency of defense motions for summary judgment, the case was settled for a small fraction of the damages initially sought.

SECURITIES AND FINANCIAL PRODUCTS

From traditional securities cases to disputes involving the latest financial products and innovations, the litigators at Caplin & Drysdale can handle your dispute.

Representative Engagements

1. Two of the firm's partners served as plaintiffs' class counsel in what may have been the longest-running securities fraud litigation ever seen in this country.

Result: The case involved a six-week jury trial on behalf of nine separate plaintiff classes in which judgments were obtained against all of the principal defendants and that was sustained on appeal, including two visits to the United States Supreme Court. In the process our clients benefited from six separate partial settlements aggregating in excess of $60 million.

2. Following the collapse of a bank holding company and its lead banking subsidiary, Caplin & Drysdale was retained to represent the principal executive officers and directors of the company in a combined class action securities fraud and derivative suit seeking damages in excess of $100 million.

Result: Following denial of class certification and during the pendency of defense motions for summary judgment, the case was settled for a small fraction of the damages initially sought.

3. Caplin & Drysdale represented investors in a federal class action involving alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and the regulations promulgated thereunder.

Result: After successfully opposing a motion to dismiss, the case was favorably settled.

TRADE SECRETS, FALSE ADVERTISING

When the dispute involves business practices, Caplin & Drysdale attorneys are well-equipped to litigate and resolve disputes with effective advocacy and creative solutions.

Representative Engagements

1. Caplin & Drysdale was retained by an SEC-registered investment adviser that was sued by a competitor. The lawsuit alleged that our client violated federal laws prohibiting false advertising and that it also violated trade secret and copyright law by wrongfully taking a computer program used to select stocks for investments. The plaintiff competitor sought millions of dollars in damages and an injunction that would have effectively put our client out of business.

Result: Shortly after being retained, Caplin & Drysdale drafted advertising guidelines for our client, obtained the dismissal of the trade secrets and computer copyright claims, and drafted a letter for our client's customers explaining the litigation to them. The case was eventually tried. The Court awarded the plaintiff less than five percent of the damages it sought and required our client to follow the advertising guidelines Caplin & Drysdale had drafted. Because of our efforts, the client was able to continue using the computer program, continue its advertising efforts, and expand its business without interruption by its competitor.

2. An executive in a prominent communications company was sued in an individual capacity in a nationwide class action alleging consumer fraud and retained the firm to defend him.

Result: After successful motions to dismiss undercut key claims against the client, the case was settled before class certification.

CLASS ACTIONS

Our experience allows us to quickly focus on the most important issues in the litigation, efficiently gather the evidence and information our clients will need to win the case, and obtain favorable results for our clients through settlement, summary judgment, or trial.

Representative Engagements

1. An executive in a prominent communications company was sued in an individual capacity in a nationwide class action alleging consumer fraud and retained the firm to defend him.

Result: After successful motions to dismiss undercut key claims against the client, the case was settled before class certification.

2. Caplin & Drysdale represented investors in a federal class action involving alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and the regulations promulgated thereunder.

Result: After successfully opposing a motion to dismiss, the case was favorably settled.

3. Following the collapse of a bank holding company and its lead banking subsidiary, Caplin & Drysdale was retained to represent the principal executive officers and directors of the company in a combined class action securities fraud and derivative suit seeking damages in excess of $100 million.

Result: Following denial of class certification and during the pendency of defense motions for summary judgment, the case was settled for a small fraction of the damages initially sought.

PROFESSIONAL LIABILITY

Our attorneys know how to move quickly to take over a malpractice dispute and handle every aspect of it — from dealing with the insurer on coverage questions, to analyzing the substantive problem, finding, retaining and educating the proper experts and, if necessary, trying the case. We have served both as counsel to law firms and lawyers against whom claims are being asserted and as expert witnesses testifying on the standard of care in various substantive fields as well as the reasonableness of legal fees.

Representative Engagements

1. Our attorneys represented another national law firm in defense of a $110 million legal malpractice claim arising from admittedly erroneous advice about the reach of the Investment Company Act of 1940.

Result: We successfully challenged the credentials of a law school professor to testify as to the standard of care for a practicing lawyer and won a motion for summary judgment that was affirmed.

2. An attorney facing abuse of process and civil conspiracy claims arising out of representation of a personal representative in a multi-million dollar estate retained the firm to defend him.

Result: After targeted discovery, Caplin & Drysdale filed a summary judgment motion that successfully disposed of all claims, and sustained that judgment on appeal.

TRUST AND PROBATE MATTERS

Trusts and estates present a range of unique issues in litigation. Caplin & Drysdale attorneys have experience with disputes involving many different types of trusts and a wide variety of estate and probate matters.

Representative Engagement

1. A non-profit religious organization funded by a fifty year-old trust with high-value real estate holdings retained Caplin & Drysdale to seek reformation of that trust to broaden the purposes for which the funding could be used. The modification was opposed.

Result: After a week-long trial, the court reformed the trust in the manner sought by the organization.

2. An attorney facing abuse of process and civil conspiracy claims arising out of representation of a personal representative in a multi-million dollar estate retained the firm to defend him.

Result: After targeted discovery, Caplin & Drysdale filed a summary judgment motion that successfully disposed of all claims, and sustained that judgment on appeal.

MASS TORT RESOLUTION

Caplin & Drysdale is home to several of the nation's leaders in mass tort creditors' rights litigation. Our team has many years of experience working with mass tort victims and their tort lawyers to ensure that they receive fair compensation.

Representative Engagement

1. Retained as lead counsel for the asbestos creditors committee in bankruptcy proceedings, the firm was charged with establishing the debtors' total liability for asbestos personal injury claims.

Result: Caplin & Drysdale attorneys established the debtors' total asbestos liability was billions more than the opposing parties claimed. The debtor paid several billion dollars to fund a trust designed to pay asbestos victims for decades.

2. Claimants injured by chemical exposure retained Caplin & Drysdale to protect their interests when their defendant corporation filed for bankruptcy.

Result: Our attorneys negotiated an agreement providing for a payment of tens of millions of dollars to settle those claims.


 

Services Available

 

Clients:
Official Committee of Asbestos Personal Injury Claimants of W.R. Grace & Co., Asbestos Creditors' Constituency in the Owens Corning Bankruptcy Proceedings

 
Group Presentations
  Jeffrey Liesemer to Speak at ABA Panel on Insurance Basics for Business Lawyers, April 10, 2014
Jeffrey Liesemer Presents a LIVE Webinar on Significant Issues for Fraudulent Transfer Actions, March 25, 2014
Peter Lockwood to Speak at Asbestos Litigation Conference, March 17, 2014
 
 
Articles Authored by Lawyers at this office:

U.S. Supreme Court Releases Opinion in McCutcheon v. Federal Election Commission
Joseph M. Birkenstock,Kirk L. Jowers,Trevor Potter,Matthew T. Sanderson, April 10, 2014
The U.S. Supreme Court released its long-anticipated opinion in McCutcheon v. Federal Election Commission this morning. Through a 5-4 decision, McCutcheon strikes down aggregate caps in federal campaign finance law that have limited an individual's total contributions to all federal candidates,...

Wisconsin Court Holds Parsonage Allowance Unconstitutional
, December 03, 2013
Last Friday, a U.S. district court judge in the Western District of Wisconsin ruled that it is unconstitutional for the government to favor religion by not taxing tax ministers on housing allowances provided by their churches. This ruling does not take effect until after any appeals are complete,...