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Holwell Shuster & Goldberg LLP has established itself as one of the nation's leading litigation boutiques. Named New York Law Firm of the Year by Benchmark Litigation and one of 10 firms named to The National Law Journal's Litigation Boutiques Hot List, HSG serves as lead trial counsel for clients such as Visa, HSBC, and Freddie Mac in a range of high-stakes commercial litigation, antitrust, intellectual property, international arbitration, and appellate matters. With particularly deep experience with complex financial instruments, HSG has become a leader in the wave of residential mortgage-backed securities "putback" litigation that is now resolving billions of dollars in liability associated with the mortgage crisis.
Founding partners Richard Holwell, Michael Shuster, Daniel Goldberg, and Dorit Ungar Black previously practiced together at White & Case, where Judge Holwell and Michael Shuster led the global litigation practice. Before rejoining his partners at HSG, Judge Holwell served nine years as a respected federal judge in the Southern District of New York, presiding over several high-profile cases, including the insider-trading trial of Raj Rajaratnam.
Since its founding in 2012, HSG has expanded from four founding partners to more than 50 lawyers today, giving the firm the capacity to handle complex commercial litigation matters of any size. The firm's ranks include lawyers who have held prestigious clerkships at all levels of the federal judiciary, including the U.S. Supreme Court, and served as editors of the nation's top law journals.
HSG is particularly well known for:
- Financial Markets & Securities Expertise: HSG attorneys have extensive experience in all facets of financial markets litigation, having represented and been adverse to banks, hedge funds, private equity funds, governmental entities, and numerous other market participants in securities-related litigation of every type, and litigation relating to debt and debt instruments, including bankruptcy litigation. HSG lawyers have been involved in numerous headline-making securities-fraud and insider-trading cases. Recent highlights include HSG's representation of a settling plaintiff in litigation pending in the Southern District of New York and the Second Circuit concerning defaulted Argentine sovereign debt, and U.S. Bank and Wilmington Trust as lead trial counsel pursuing over $10 billion in claims in the Lehman Brothers bankruptcy.
- Impact Antitrust Litigation: In addition to representing Visa, Inc. in multidistrict litigation involving billions of dollars in potential damages, the firm's lawyers have represented Comcast, Raytheon, General Re, Saudi Refining Inc., and other clients in major antitrust litigation and governmental reviews. Most recently, the firm was retained to represent Valassis, a MacAndrews & Forbes company, as plaintiff in a massive antitrust claim against competitor News Corp.
- Financial Crisis Litigation: At the forefront of litigation stemming from the mortgage crisis, HSG has brought more than 20 RMBS putback cases on behalf of HSBC, Bank of New York Mellon, and U.S. Bank as trustee or securities administrator. In 2014 alone, HSG obtained nine critically favorable decisions that shaped the landscape for RMBS litigation in both New York state and federal courts. The firm also has been named national coordinating counsel for Freddie Mac for its portfolio of RMBS putback claims. Relatedly, Michael Shuster serves as liaison counsel for the putback plaintiffs (and three other HSG lawyers are on the steering committee for the putback plaintiffs) in connection with the dozens of RMBS cases pending before Justice Marcy Friedman in state court in New York.
- IP Litigation: In patent, copyright, trademark, and IP litigation, HSG excels at making complex issues understandable to judges and juries. It is a talent that serves the firm well in high-stakes matters before federal district and circuit courts and the International Trade Commission, as well as in the new Inter Partes Review proceedings before the U.S. Patent and Trademark Office. The firm's lawyers have represented clients such as Johnson & Johnson, Bloomberg L.P., Philips Electronics, and Cold Spring Harbor Laboratory as lead counsel in high-value patent litigation on a wide variety of subject matters; defended Lime Group, LimeWire, and their founder in copyright infringement actions; and secured a summary judgment victory for Microban in the Southern District of New York, which awarded damages, a permanent injunction, and attorneys' fees.
- Appellate Litigation: In an area of expanding work, HSG has earned significant appellate victories in state and federal court, including a landmark RMBS victory on behalf of HSBC and a successful Second Circuit argument in a high-profile appeal brought by holdout bondholders to challenge the decision of the Southern District of New York lifting the pari passu injunction it had entered against the Republic of Argentina in the wake of its default. Through partner Daniel Sullivan, former law clerk to Justice Scalia, HSG was selected to represent Kickstarter, Foursquare, Tumblr, and Meetup as amici in Facebook's appeal challenging New York warrants requiring it to produce data on more than 300 users. Daniel Sullivan and Judge Holwell also filed an amicus brief on behalf of well-known human rights advocates in connection with an appeal in the Chevron environmental case. In addition to Judge Holwell and James McGuire, who served as associate justice in the First Judicial Department of New York's Appellate Division, HSG lawyers include numerous Supreme Court clerks, federal appeals court clerks, and district court clerks.