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Litigation

Phillips Nizer has long been known for its litigation work, and with good reason. The legacy of Louis Nizer remains alive and well at the firm bearing his name, and his achievements are a continuing source of pride and inspiration for the litigation group.

The leading trial lawyer in New York for years, and one of the finest trial lawyers in the nation, Nizer combined relentless energy, formidable written and oral advocacy skills, and a detail-oriented, problem-solving approach to achieve an enviable record of success on behalf of many prominent clients. Nizer was creative, always prepared and stressed the importance of teamwork. Nizer trained scores of Phillips Nizer litigators, including some who remain active.

Today, the litigation group at Phillips Nizer combines homegrown talent with well-known and well-regarded lawyers who arrived from government, other prominent mid-size firms and, more recently, from some of the largest law firms in the country. It is a diverse group with enormous experience and real bench strength. Indeed, there is virtually no type of litigation, in any subject area, that one of our lawyers has not handled in the past. Where helpful, our litigators enlist the assistance of other practice groups.

We appear in state and federal courts in New York and around the country. Collectively, current Phillips Nizer litigators have tried hundreds of cases to verdict, taken and defended hundreds of expert depositions and thousands of fact witness depositions, and filed countless motions to dismiss and motions for summary judgment. We have also argued hundreds of appeals in federal and state courts. In short, we have the skills and experience to handle important cases, large or small, complex or simple. And we have been doing that successfully for close to 100 years.

Many litigators do not listen very well. We do. We want to know what our clients hope to achieve, in what time frame and at what expense. We provide an honest assessment of those goals and work to find ways to achieve them. If alternative strategies are available, they are analyzed and presented. Staffing levels reflect the needs of each case. If alternative billing arrangements are desired, we work with clients to find an approach that works for the client and the firm.

We recognize that most cases not do get disposed of by trial, as one of our attorneys has recently documented. Accordingly, we do not litigate every case as if it will go to trial, which would be unnecessarily time consuming and very expensive. Rather, we take a very disciplined approach in working with our clients to set an initial strategy, thereafter monitor how the strategy is being implemented, with what results and at what expense, and then adjust the strategy as needed.

Clients do not like surprises, and neither do we. As a result, we keep clients apprised of all major developments in a case, and we expect clients to provide us with timely information about events that might otherwise impact the progress and the outcome of the case. Circumstances change, and it is important that everybody remain aware of how that might affect the progress and strategy of a case.

We are also adept at alternative dispute resolution, such as mediation and arbitration. Our experience shows that unique skills are required to achieve success in these forums. A lawyer should not mediate a case the same way he/she litigates a case. We have been able to achieve outstanding outcomes in alternative dispute forums because we understand what is required and have the ability to deliver. Our goal is always to achieve the best result possible for the client in the most cost-effective manner possible given the circumstances. That goal has served Phillips Nizer well over the years, and it is consistent with Louis Nizer’s legacy.

Our litigators are especially well-known for handling the following types of cases:

Antitrust and Unfair Competition
Appeals
Bankruptcy Adversary Proceedings
Business Dissolution
Broker-Dealer Claims
Commercial Arbitrations
Computer, Technology and Internet Law
Contractual Disputes
Copyright
Employment and other Discrimination Claims
Entertainment

Environmental Disputes
Fashion Industry
Fraud and other Defalcations
Intellectual Property and Licensing
Matrimonial
Partnership Disputes
Real Estate
Securities Litigation & Enforcement
Trademark
Trusts & Estates Litigation

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1"Going, going, but not quite gone: Trials Continue to Decline in Federal Courts, Does it Matter?" Judicature, Winter 2017

Attorneys practicing in this area:

Elizabeth A. Adinolfi
Rachel M. Bandli
Jared R. Clark
Mark M. Elliott
Regina E. Faul
George R. Fearon
Michael S. Fischman
Helene M. Freeman
Perry S. Galler
Edward G. Imperatore
Thomas G. Jackson
Donald L. Kreindler
Laura E. Longobardi
Monica P. McCabe
Alisha L. McCarthy
Eileen D. Millett
Craig E. Penn
Julian D. Perlman
Jeffrey L. Shore
Jeffrey Q. Smith
Evan J. Spelfogel
Stuart A. Summit
Sean W. Vallancourt
Lauren J. Wachtler
Martin B. Wasser