Kasowitz Benson Torres LLP > Washington DC, United States > Firm Profile

Kasowitz Benson Torres LLP
1399 NEW YORK AVENUE NW
SUITE 201
WASHINGTON DC 20005
United States

Dispute resolution > Leading trial lawyers Tier 2

Marc KasowitzKasowitz Benson Torres LLP. Marc Kasowitz is a well renowned trial lawyer and litigator, and is often lauded for his litigation work in the financial services industry. At present he is leading a litigation involving losses in the residential mortgage-backed securities market and was particularly successful in this area in 2021. A significant historical win involves successfully arguing in the New York Court of Appeals that a $120 million lawsuit against Goldman Sachs on behalf of ACA Financial Guaranty should be reinstated. Kasowitz is based in New York.Sheron KorpusKasowitz Benson Torres LLP

Work highlights

    Dispute resolution > Securities litigation: plaintiff Tier 2

    The New York office of Kasowitz Benson Torres LLP is home to a deep bench of securities litigators who handle both defense and plaintiff work but focus predominantly on the latter. The firm handles both direct securities fraud and opt-out cases, frequently acting for prominent hedge funds, mutual funds and pension funds in high-profile cases. It continues to be involved in cases concerning residential mortgage-backed securities, acting for trustees of RMBS transactions, and it is a key adviser to investment funds in disputes arising from the trillions of dollars in complex financial assets held in securitization trusts. Sheron Korpus, Michael Hanin and Stephen Tountas (who is ‘a talented securities lawyer – very knowledgeable and strategic and experienced‘) are the lead partners. Leading trial lawyer Marc Kasowitz, who scored a major victory for MBIA Insurance Corporation in an RMBS case by securing a $600m payout from Credit Suisse in 2020, also plays a central role in the practice. Uri Itkin left the firm in May 2022.

    Practice head(s):

    Sheron Korpus; Michael Hanin; Stephen Tountas

    Other key lawyers:

    Testimonials

    ‘Steve Tountas is a talented securities lawyer – very knowledgeable and strategic and experienced.’

    Key clients

    U.S. Bank

    MBIA Insurance

    Astra Asset Management

    Gotham Asset Management

    Royal Bank of Canada

    Federal National Mortgage Association (“Fannie Mae”)

    Comcast Corporation

    Public Employees’ Retirement System of Mississippi

    Federal Housing Finance Agency

    MF Global

    Davidson Kempner Asset Management

    Loreley Financing

    Waterfall Asset Management

    Angelo Gordon & Co.

    ACA Financial Guaranty

    UniCredit Bank

    Axon Capital

    Serengeti Asset Management

    Bracebridge Capital

    HBK Capital Management

    Axonic Capital

    Kawa Capital Management

    Work highlights

    • Represented MBIA in a decade-long put-back action against Credit Suisse in which MBIA sought to recover for breaches of representations and warranties related to RMBS insured by MBIA.
    • Represented holders of $1.4bn-plus in notes issued by the National Collegiate Student Loan Trusts, the largest student loan securitizations ever, in groundbreaking litigation against the Trusts’ equity owners concerning the management and control of the Trusts.
    • Represented Davidson Kempner Capital Management, Cowell & Lee, Autonomy Capital, Hutch Capital, and other holders of $550m in senior notes issued by China Fishery Group in resolving disputes arising from the bankruptcy of certain entities related to China Fishery Group, one of the world’s largest fishing companies.

    Dispute resolution > Corporate investigations and white-collar criminal defense

    The white-collar defense and investigations practice group at Kasowitz Benson Torres LLP consists of ‘superb strategists’ and acts for both corporate entities and individuals on high-stakes criminal and regulatory investigations. The team is led by former federal prosecutor Daniel Fetterman, who is a veteran trial lawyer with experience in internal and government investigations. Marc Kasowitz is a veteran trial lawyer well known for commercial litigation as it pertains to antitrust, banking, securities, product liability and governance. Former practice co-head Lyn Agre left the firm in February 2021. All named attorneys are based in New York unless otherwise stated.

    Practice head(s):

    Daniel Fetterman

    Other key lawyers:

    Marc Kasowitz; Daniel Saunders

    Testimonials

    ‘Daniel Fetterman is a terrific lawyer with excellent judgment and he is what distinguishes this practice.’

    ‘One of the two key areas I like about their service is the strategies on the solution of the matter and they give us, as a client, a lot of preparation.’

    ‘Dan Fetterman is strategic, brilliant, knowledgeable and experienced.’ 

    ‘What I like the most is the strategic approach they have to the cases.’

    ‘Dan Fetterman takes ownership of the case as if he was the defendant.’

    ‘Superb in all aspects; smart, great insight, able to predict the next steps and see obstacles.’

    ‘Superb strategists with a superb follow through’.

    ‘Good understanding of human nature and of the law.’

    Key clients

    Pilgrim’s Pride Corporation

    Teva Pharmaceuticals

    Abraham Jose Shiera Bastidas, formerly owner of multiple U.S.-based energy companies

    Jeffrey Tucker, co-founder of the Fairfield Greenwich Group (“FGG”)

    Joseph Krigsfeld, co-founder of Aberon Capital Management

    Work highlights

    • Representing Pilgrim’s Pride, one of the nation’s largest chicken producers, in resolving criminal antitrust claims relating to the US Department of Justice Antitrust Division’s high-profile investigation into alleged price fixing in the poultry industry.
    • Representing Teva Pharmaceuticals, the world’s largest generic drug manufacturer (headquartered in Israel), in connection with an indictment brought by the United States Department of Justice’s Antitrust Division alleging that Teva participated in three alleged conspiracies to suppress and eliminate competition by agreeing to fix prices, allocate customers, and rig bids for generic drugs.
    • Acting as lead defense counsel to Abraham Jose Shiera Bastidas, formerly the owner of multiple US-based energy companies, in his indictment and ongoing investigation into alleged corruption, wire fraud and money laundering charges relating to more than $1bn in energy contracts from Venezuela’s state-owned energy company, Petroleos de Venezuela.

    Dispute resolution > General commercial disputes Tier 3

    Plaintiffs and defendants alike choose the New York-based team of Kasowitz Benson Torres LLP to represent them in commercial disputes. Asset managers, hedge funds and private equity houses as well as institutions active in the real estate sector are providing a regular workload for the group. Practice head Marc Kasowitz successfully represented MBIA in a put-back action against Credit Suisse amounting to $600m in damages. Sheron Korpus has more than 25 years of experience, and Jennifer Recine is considered to be ‘smart, determined and effective.’ Paul Burgo  is well versed in corporate governance, commercial and securities law.

    Practice head(s):

    Marc Kasowitz

    Other key lawyers:

    Paul O’Connor; Paul Burgo; Jennifer Recine; Sheron Korpus

    Testimonials

    ‘Jennifer Recine is smart, determined, aggressive and effective. I would be comfortable relying on her to lead the prosecution or defense of any complex civil litigation.’

    ‘Smart, experienced, personable, practical.’

    ‘Paul Burgo: very quick study on business issues, good on precedents/case law. Effective communicator with us (the client).’

    ‘The team is extremely available and totally aligned on interests.’

    ‘Paul O’Connor is an exceptional human being.’

    Key clients

    Angelo Gordon

    Astra Asset Management

    Davidson Kempner Asset Management

    Douglas Elliman Realty

    Federal Housing Finance Agency

    FinancialApps

    Harbinger Capital

    InterContinental Hotels Group

    JDS Development Group

    Liggett Group

    Mahindra and Mahindra

    Maverick Real Estate Partners

    MBIA

    MDC Energy

    MusclePharm

    State of Hawaii

    Tapestry (formerly Coach)

    Teva Pharmaceuticals

    TPG Capital

    Waterfall Asset Management

    XPO Logistics

    Yellow f/k/a YRC Freight

    Work highlights

    • Represented MBIA in a decade-long put-back action against Credit Suisse in which MBIA sought to recover for breaches of representations and warranties related to RMBS insured by MBIA.
    • Representing Teva Pharmaceuticals in different litigations in the US including a multi-district litigation, and in the defense of a securities class action.
    • Represented Alaskan Reefer Management and Kloosterboer International Forwarding in securing a preliminary injunction in the District of Alaska enjoining the US government from assessing penalties for alleged Jones Act violations while the legality of already assessed penalties is adjudicated.

    Labor and employment > Labor and employment disputes (including collective actions): defense Tier 3

    Led by experienced trial lawyers, the team at Kasowitz Benson Torres LLP acts for a diverse range of clients, including individuals and businesses in the financial services, real estate, retail, and health care spaces, and is able to handle discrimination, harassment and retaliation claims, wages and hour class actions, enforcement of non-compete clauses, and the full range of enforcement matters before key agencies. The practice is led by Mark W. Lerner , an experienced employment litigator who acts for a number of high-profile clients across wage and hour actions, employee raiding, termination, and harassment claims, among others, while Jessica Taub Rosenberg , a consistent litigator on behalf of senior executives and employers facing a variety of labor claims, is another key senior team member. All lawyers mentioned are in New York.

    Practice head(s):

    Mark W. Lerner

    Other key lawyers:

    Jessica Taub Rosenberg

    Key clients

    Bregal Partners

    Douglas Elliman

    Glazer Capital

    Gotham Asset Management

    Greenbridge

    GXO Logistics

    JDS Development Group

    L&L Holdings

    Lumen Technologies/CenturyLink Communications

    mGage

    Mortgage Assets Management

    Northwell Health

    Perella Weinberg

    Quinn Emanuel Urquhart & Sullivan

    Ryan Serhant

    Saw Mill Capital

    Steel Partners

    Triad Life Sciences

    XPO Logistics

    providers of transportation services in the world No

    Yellow, formerly YRC Worldwide, a Fortune 100 logistics company

    Work highlights

    • Representing Ryan Serhant – who currently controls the listings of half a billion dollars in New York City real estate – in the separation from from his legacy brokerage firm Nest Seekers and the founding of his new independent brokerage and media company, “SERHANT.” The separation was a complex legal process involving contract interpretation, negotiation, non-competition issues, and financial issues.
    • Representing Douglas Elliman in a putative class action currently pending in the Superior Court of the State of California, Los Angeles County. In this action, a former employee alleges, among other things, that Douglas Elliman of California failed to pay all non-exempt employees the minimum wage for all hours worked and overtime wages for all overtime worked, and failed to provide them compliant meal periods and rest breaks, or pay premiums.
    • Represented XPO Logistics in an action brought against XPO and three of its employees by SEARS for allegedly taking confidential information from and unlawfully competing against Sears Hometown and Outlet Stores, where the three individuals were previously employed.

    Dispute resolution > Securities litigation: defense Tier 4

    Kasowitz Benson Torres LLP handles bet-the-company securities litigation on both defense and plaintiff side, acting for major corporations and financial institutions, and their directors and officers. Among its prominent clients is the world’s largest generic drug manufacturer Teva Pharmaceuticals, for which the firm is defending one of the largest securities class actions currently pending as well as the more than 20 related direct actions, filed on behalf of more than 75 opt-out plaintiffs. Sheron Korpus, who led the Teva case, Michael Hanin and Stephen Tountas lead the practice from New York. Emerging partner talent Uri Itkin left the firm in May 2022.

    Practice head(s):

    Sheron Korpus; Michael Hanin; Stephen Tountas

    Work highlights

    • Representing Teva Pharmaceuticals and its individual directors and officers in defense of one of the largest securities class actions currently pending as well as the more than 20 related direct actions, filed on behalf of more than 75 opt-out plaintiffs.
    • Representing Prem Parameswaran, the former CFO of Eros Int’l, in a putative securities class action arising from a series of alleged misrepresentations regarding: (i) Eros’s financial condition; (ii) the accuracy of its public financial statements; (iii) and the integrity of its accounting practices.  Plaintiffs allege claims against our client arising under Sections 10(b) and 20(a) of the Securities Exchange Act.
    • Representing HBK Capital Management, a leading investment manager in the structured credit space, as a respondent in a trust instruction proceeding recently commenced by Wells Fargo Bank, as trustee of 23 residential mortgage-backed securities (RMBS) trusts, arising out of the $4.5 billion settlement struck by Wells Fargo and other trustees with JPMorgan in connection with billions of dollars in losses stemming from hundreds of RMBS trusts due to JPMorgan’s violations of representations and warranties concerning the underlying mortgage loans.

    Finance > Restructuring (including bankruptcy): corporate Tier 4

    The practice at Kasowitz Benson Torres LLP is best known for its bankruptcy-related advisory. Its expertise is evidenced through the representation of MDC Energy in its Chapter 11 case, which involved the sale of assets and a plan of reorganization. The practice is led from New York by David Rosner who is well known for representing clients in Chapter 11 cases; notable mention is given to the Fieldwood Energy matter where he represented second lien term lenders and negotiated its recovery. The practice saw the departure of Adam Shiff in May 2021 and Andrew Glenn in February 2021.

    Practice head(s):

    David Rosner

    Other key lawyers:

    Matthew Stein

    Key clients

    ACA Financial Guaranty

    Ad Hoc Group of noteholders in China Fishery

    Aman Group Resorts

    Anderson News

    Columbia Property Trust, a major real estate investment trust company, and its affiliates 880 Broadway Owner and 880 Broadway Tenant

    Contrarian Capital Management

    Cyrus Capital Partners

    Cyprus Mines

    Fairfax Financial Holdings

    Fred’s

    Howard Meyers

    Law Debenture Trust Company of New York (Tribune bankruptcy)

    MDC Energy

    Official Committee of Equity Security Holders of Garrett Motion

    Kevin Nystrom, in his capacity as the Litigation Trustee for the UC Litigation Trust for Essar Steel Minnesota

    Mudrick Capital Management

    Official Committee of Unsecured Creditors of TriVascular Sales

    Pasig

    Plan administrator for MF Global

    Renco Group

    Salvatore Lamonica, Chapter 7 Trustee in CIL Limited bankruptcy

    Second lien term lenders of Fieldwood Energy, a major offshore oil producer

    Strategic Value Partners

    TPG Capital

    USAVflow Limited

    Walter Ganzi, Jr. and Bruce Bozzi, Sr., owners of the Palm Restaurant chain

    Waterfall Asset Management

    Work highlights

    • Represented MDC Energy, the oil and gas subsidiary of MTE, in its Chapter 11 bankruptcy case.
    • Represented second lien term lenders of Fieldwood Energy in its chapter 11 bankruptcy case, successfully negotiating its recovery.
    • Represented senior noteholders in the bankruptcy case of China Fishery Group Limited and its affiliates.

    Antitrust > Civil litigation/class actions: defense Tier 5

    With particular strengths in bet-the-company antitrust cases, Kasowitz Benson Torres LLP represents clients on both sides of the aisle in industries such as pharmaceuticals, food, and technology. The firm is involved in a range of antitrust cases, defending clients against allegations including price-fixing, big-rigging, tying, exclusive dealing, and monopolization. The New York-based team is led by Hector Torres, who represents high-profile companies before federal and state courts, and Sheron Korpus, who ‘thinks strategically and has tremendous credibility’.  Kevin Arquit left the firm in May 2021 for an in-house position.

    Practice head(s):

    Hector Torres; Sheron Korpus

    Testimonials

    ‘Sheron Korpus is a formidable opponent and a trustworthy ally. He thinks strategically and has tremendous credibility.’

    Key clients

    Teva Pharmaceuticals

    Ford Motor Company

    Google

    Pilgrim’s Pride

    CenturyLink

    Kevin Mulleady

    Delicato

    Work highlights

    • Representing Teva Pharmaceuticals and its US subsidiary Actavis, in defending many antitrust class actions brought by private plaintiffs, as well as an antitrust action brought by 48 States, the District of Columbia, and Puerto Rico, which are consolidated in an MDL in the Eastern District of Pennsylvania that allege price-fixing of over 100 generic drugs.
    • Representing Pilgrim’s Pride in a criminal price fixing investigation by the Department of Justice – Antitrust Division relating to the sales of broiler chicken products in the United States, one of the largest antitrust litigation matters currently ongoing in the U.S.

    Intellectual property > Patents: litigation (full coverage) Tier 5

    Silicon Valley’s Jonathan Waldrop heads the team at Kasowitz Benson Torres LLP, which is sought out by defendants and plaintiffs from the technology and life sciences sectors and has a solid track record across the major federal patent venues. The group stands out for its growing presence in the Western District of Texas. The other key names are New York-based attorneys Jay Deshmukh and Hershy Stern, who make up the Hatch-Waxman team and focus on disputes arising from patents covering pharmaceutical products; and California-based duo Darcy Jones and Marcus Barber, who cover a wide range of technologies, including software and telecommunications.

    Practice head(s):

    Key clients

    Google

    Samsung Electronics

    LG

    Adobe

    Reddit

    Intellectual Ventures

    ASUS

    Verizon

    Motorola

    Cox Communications

    zModo

    Fintiv

    MV3 Partners

    Kroy IP

    Leader Development Industrial Corp.

    Alan Stuart

    Work highlights

    • Representing Fintiv in a case against Apple involving a patent that covers the management of virtual cards stored on mobile devices.
    • Representing Zydus Pharmaceuticals in two Hatch-Waxman patent infringement actions involving generic versions of diabetic drugs INVOKANA® and INVOKAMET®.
    • Represented defendant Reddit against allegations that Reddit, as well as over 100 other Amazon customers, including Airbnb and Square, use Ruby on Rails software implementing the HTTP web protocol as well as Amazon Simple Storage Service (‘S3’),  successfully securing summary judgment on non-infringement on behalf of Reddit.

    Real estate Tier 5

    Kasowitz Benson Torres LLP is noted for office, residential, shopping center and mixed-use real estate development projects throughout the United States. Practice head David Szeker and Darwin Huang are its key New York-based attorneys, representing a wide range of corporates, borrowers, landlords and tenants in acquisition and disposition of single properties and property portfolios and in the leasing of office and retail spaces.  

    Practice head(s):

    David Szeker

    Other key lawyers:

    Testimonials

    ‘They take a very commercial and practical approach to legal issues. And they are very dedicated to getting a job well done.’

    ‘Darwin Huang take a very commercial and practical approach in handling and resolving legal issues and matters. He always put the client first, even accommodating for calls at odd hours of the day 7 days a week.’

    ‘Darwin Huang – simply excellent. Darwin was available at all times of the day and his response time was extremely short. ’

    ‘I have spent a significant amount of time working with Darwin Huang across several transactions. He is the hardest working attorney I have had the privilege to work with and is always available to answer his client’s questions or walk through issues. Additionally, he knows his limits and brings other resources at his firm into a situation whenever it is needed.’

    ‘The Kasowitz real estate group lead by Darwin Huang and David Szeker are some of the brightest attorneys and advisors that truly understand our business. Each attorney, from juniors to the partners, are committed to our needs and the pressure points in the way our investments works. The advice and value they provide reaches far beyond legal issues and is evident in their approach in problem solving and negotiations. The ability to balance the legal considerations with the on-the ground implications is what sets the Kasowitz group apart.’

    ‘Darwin Huang is our primary attorney on all our complex transactions. I have never met or worked with anyone as hard working as Darwin, every message or email is answered right away. He is a valuable member of our team and critical to the tremendous growth we have had in the last decade.’

    ‘Darwin Huang – extremely focused on your project and wants to understand our objectives so that he can match that in the documentation – he is a deal maker not a deal killer – always available at any time of the day or week.’

    Key clients

    Starwood Property Trust

    JDS Development

    SL Green

    Axonic

    iStar

    GFI Capital

    Cottonwood Management

    Quinlan Development Group

    L&L Holding

    Icon Realty Management

    Young Nian Group

    Haven Capital

    Maefield Development

    Nostalgic Partners

    Columbia Property Trust

    Steiner Studios

    Work highlights

    • Represented Cottonwood Management in providing a $105m mortgage loan to finance the lease up of a newly completed 26-story office building commonly known as The Six located in Midtown Manhattan consisting of over 90,000 square feet of office space developed by Savanna.
    • Represented iStar, a REIT focused on reinventing the ground lease sector, in its $170m acquisition of the 350,000-square-foot Newport Office Center 6 in downtown Jersey City, New Jersey, from the LeFrak Organization.
    • Advised Haven Capital, a newly formed real estate finance platform formed by Ares and Regis Group, in connection with the negotiation of a new lease for its national headquarters at RXR’s 230 Park Avenue in Manhattan.

    Kasowitz Benson Torres’ core focus is commercial litigation, complemented by exceptionally strong bankruptcy/restructuring and real estate transactional practices. The firm is known for their creative, aggressive litigators and willingness to take on tough cases. Kasowitz lawyers outthink and outflank their opponents, and understand how to win for their clients. The firm has extensive trial experience and are always trial-ready, representing both plaintiffs and defendants in every area of litigation. Kasowitz is committed to pursuing aggressive and innovative approaches for their clients’ most challenging legal matters.

    The firm’s clients include Fortune 500 companies, private equity and other investment firms across a wide range of industries, including significant experience across financial services (banking, investment management and insurance), technology and real estate.

    Kasowitz has successfully secured billions of dollars in awards and settlements for their clients, who have recently included:

    • Aman Resorts
    • Astra Asset Management
    • Centerbridge Partners
    • Comcast
    • Condé Nast
    • Davidson Kempner Capital Management
    • Douglas Elliman
    • Elie Tahari
    • Energy Transfer Partners
    • Fairfax Financial Holdings
    • Fir Tree Partners
    • Ford Motor Company
    • Genting Malaysia Berhad
    • Google
    • Harbinger Capital Partners
    • Hilton Worldwide
    • InterContinental Hotels Group
    • JDS Development Group
    • Laidlaw & Company
    • Levi-Strauss
    • Liggett Group
    • MacAndrews & Forbes
    • Mahindra & Mahindra
    • Marc Fisher Footwear
    • MBIA
    • MF Global Holdings
    • Morgans Hotel Group
    • MusclePharm
    • National Grid
    • NJOY
    • Northwell Health
    • Purolite
    • Renco
    • Rescap
    • Starwood Capital
    • State of Hawaii
    • TerraForm Power
    • Teva Pharmaceuticals
    • The Palm Restaurant
    • TPG
    • U.S. Bank
    • USG Asbestos Trust
    • Vector Group
    • Waterfall Asset Management
    • W.C. Bradley
    • XPO Logistics
    • Zydus Pharmaceuticals
    • ZTE Corporation
    DepartmentNameEmailTelephone
    Antitrust litigation Hector Torres
    Commercial litigation Sheron Korpus
    Commercial litigation Marc E. Kasowitz
    Creditors rights and bankruptcy David S. Rosner
    Entertainment John V. Berlinski
    Government affairs Senator Joseph I. Lieberman
    Government affairs Clarine Nardi Riddle
    Intellectual property litigation Jonathan K. Waldrop
    Investigations and white-collar defense Daniel J. Fetterman
    Software litigation Mark P. Ressler
    Real estate litigation Paul M. "Tad" O'Connor
    Real estate transactions David Szeker
    Structured finance litigation Michael A. Hanin
    Intellectual property litigation Jay R. Deshmukh
    Real estate litigation Jennifer S. Recine
    Number of Partners : 79
    Total Number of Lawyers : 249
    Partners : Marc E Kasowitz (mkasowitz@kasowitz.com)
    Partners : Daniel R Benson (dbenson@kasowitz.com)
    Partners : Hector Torres (htorres@kasowitz.com)