Litigation

The moment a client calls us for help with a business dispute or litigation, we focus on our client’s ultimate goal.  At Sullivan, we shape our advice and strategies to our client's business realities, careful not to lose the business war while winning the litigation battle. We recognize that litigation is more than a legal issue for our clients — there are often major, complex business concerns as well.

Exploring creative legal options from the point of view of practical, commercial realities sets us apart. This strategic, holistic approach leverages our capabilities to help prevent budding disputes from turning into major crises.

When a negotiated resolution cannot be achieved, our early intervention and inventiveness strengthens our ability to vigorously litigate the dispute to a successful conclusion.

Regardless of the client or claim, we litigate each case aggressively yet efficiently and credibly, with lean staffing and hands-on partner focus and involvement.

Clients and Industries

Many of our litigations come from long-term clients, often in financial services and tech.  Our firm structure enables and empowers us to represent companies of all sizes, headquartered within the U.S. and abroad, as well as individuals facing difficult claims and disputes.

We regularly litigate across a variety of other industries, including art and museum, consumer goods, insurance, life sciences, media and entertainment, real estate, securities and sports.

We regularly represent clients involved in diverse subject matters, including:

• Blockchain and crypto-currency litigation
• Complex breach of fiduciary duty matters
• Copyright/trademark/patent infringement
• Employment disputes, including discrimination, harassment, retaliation and compensation
• Insurance/reinsurance
• Preference actions in bankruptcy court
• Securities fraud
• Software implementation/licensing disputes
• White collar defense and investigations

Accolades

• According to the 2018 edition of The Legal 500 United States, Sullivan "provides ‘excellent’ service, particularly in cross-border litigation and investigations. Gerry Silver heads the department, which is equipped to handle a range of litigation concerning securities, real estate, art law, professional liability and other areas. Highlights include the ongoing representation of Comcast in approximately 15 False Claims Act cases; Laura Steinberg in Boston is the lead partner. The team is also active in the financial services space, where clients include Credit Suisse and American Financial Resources." 

Representative Client Work

• Representing the Export-Import Bank of the Republic of China in various sovereign debt collections, including successfully settling a 17-year-old judgment for the bank against the Republic of Niger. Through various federal and state post-judgment procedures, Sullivan obtained a temporary restraining order in federal court, restraining payment from a U.S. company to a Nigerian state-owned company. This led to negotiations in Paris and an eventual settlement.
• Successfully defending major Austrian bank in connection with bankruptcy and civil proceedings arising out of Madoff Ponzi scheme fraud, including obtaining dismissal of over $50 billion in RICO and common law claims against our client.
• Lead counsel to plaintiffs seeking restitution of the Guelph Treasure, sold under duress by Jewish art dealers in 1935 to the Prussian government, the first case in which a U.S. court has found jurisdiction over a German state museum for claims to allegedly Nazi-looted art. Upheld on appeal in Philipp v. F.R.G., 894 F.3d 406 (D.C. Cir. 2018).
• Obtained a judgment of more than $40 million for a European bank against a Middle Eastern bank for the failure to reimburse on a so-called synthetic letter of credit. The defendant attempted to avoid reimbursement claiming it was not subject to jurisdiction and was defrauded in connection with the underlying transaction.
• Successfully representing independent trustees and mutual funds in various disputes with their advisors and/or third-party service providers. These matters are generally highly confidential, complex disputes requiring detailed factual analyses and involving arcane issues arising under both the Investment Company Act of 1940, as amended, as well as common law duties.
• Successfully defended blockchain platform client and digital signage platform client in patent infringement litigations.
• Successfully represented banks and financial institutions in domestic and international litigation and arbitration involving trade credit disputes.
• Successfully represented both purchasers and sellers of companies and assets in post-closing disputes including alleged breach of representations and warranties, balance sheet adjustments, valuation controversies and indemnification rights.