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Herbert Smith Freehills Kramer

Herbert Smith Freehills Kramer

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United States • Dispute resolution

1

General commercial disputes – mid-market ($250-500m)

Recognized by clients as ‘first rate’, Herbert Smith Freehills Kramer’s disputes team litigates a broad spread of commercial, bankruptcy, antitrust, securities, fraud, and cross-border issues. Its leadership combines complementary strengths across three key US hubs: New York office managing partner Scott Balber is a standout in commercial, securities, and financial services disputes; New York-based Kerri Ann Law handles a wide-ranging docket spanning breach of contract and fiduciary duty matters; and Washington DC office managing partner Ariel Lavinbuk, who is a key bankruptcy litigation figure, especially in fraudulent transfer battles. Further New York talent includes Daniel Goldman, who leads the antitrust and competition litigation practice, and Michael Dell, who focuses on complex business disputes, including financial services and professional liability matters. In DC, Brandon Arnold and Roy Englert are trusted for civil and commercial litigation, with especially strong appellate and Supreme Court firepower. Also in DC, Ralph Mayrell is regarded as ’indispensable’ in bet-the-company disputes. In Chicago, Jeffrey Bushofsky maintains a thriving litigation practice, with particular depth in lender liability and high-value contract conflicts.
Legal 500 Editorial commentary

Accolades

Client satisfaction: Billing & efficiency
Client satisfaction: Sector knowledge

Testimonials

Collated independently by Legal 500 research team.

  • 'The quality of the lawyering is first rate. I appreciated their thinking and the ability to link the business issues to legal concepts. Also, excellent responsiveness.'

  • ‘Ariel Lavinbuk showed an excellent understanding of the issues and marshalled the right resources consistently.'

  • ‘Roy Englert and his team are EXPERT in the appellate process, particularly with the US Supreme Court. Their superior expertise is coupled with remarkable client service.’

  • ‘Roy Englert and his team are extremely thoughtful and careful, yet they can be aggressive. At the same time, they are willing to give a client their unvarnished advice, even if the client does not want to hear it.’

  • ‘Roy Englert, Brandon Arnold, and their team treated my case like they too were plaintiffs. It wasn't just "another assignment." I felt like they were right alongside with me in caring about the litigation and wanting a positive result.'

  • 'They also showed great value in being able to think about the non-legal components: the media, the politics, my happiness, and my family. In the end, that helped me come to the right decision and win a positive settlement.’

Key clients

  • EIG Energy Funds XIV and XV
  • Jefferies Strategic Investments, LLC and Leucadia Asset Management Holdings LLC
  • Tether Limited
  • Li & Fung (Trading) Limited
  • Deloitte; Deloitte & Touche
  • Sirius XM Radio Inc.
  • Olympus Peak Asset Management LP
  • Endo GUC Trust
  • RMS Australia
  • Procter & Gamble (“P&G”) and Tronox Ltd (“Tronox”)
  • Fung Holdings
  • Cornell Capital

Work highlights

Represents Plaintiffs EIG Energy Funds XIV and XV in a lawsuit against Petroleum Brasileiro S.A., the state-owned Brazilian oil company. This suit stems from the “Car Wash” scandal, the biggest corruption scandal in history. In the lawsuit, the Funds claim that Petrobras defrauded them and seek damages in excess of $221m.
Represents crypto-stablecoin issuer Tether, whose affiliates are defendants in a $5bn+ lawsuit brought by Celisus, one of the many cryptocurrency exchanges that filed for bankruptcy in the summer of 2022. The case was filed in August 2024 and is among the largest (if not the largest) fraudulent transfer and preference action pending in the federal courts right now. Our motion to dismiss was granted in part and denied in part in June 2025, and the case is currently in discovery.
Representing plaintiff American multinational consumer goods corporation The Procter & Gamble Company and Tronox Ltd in connection with their lawsuit filed in Federal District Courts of Ohio and DC, respectively against Defendants Union Pacific Railroad, CSX, BNSF, and Norfolk Southern Railway, alleging that these railroads violated Section 1 of the Sherman Act by fixing the price of rates, including fuel surcharges, charged to P&G and Tronox from 2003–2008.
Practice head

Kerri Ann Law; Scott Balber; Ariel Lavinbuk

Other key lawyers

Daniel Goldman; Michael Dell; Brandon Arnold; Roy Englert; Ralph Mayrell; Jeffrey Bushofsky

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