Litigation

 

 

Our litigation practice is focused on complex commercial litigation and business disputes on behalf of corporations and individual entrepreneurs and investors, both domestic and foreign. As a boutique firm we provide a high level of personal service with flexibility and efficiency. We have a skilled team of trial lawyers who have accumulated significant experience in each phase of the litigation process. The senior members of our team have argued substantive motions in federal and state courts across the United States, taken and defended hundreds of depositions worldwide, overseen large-scale electronic discovery, and tried cases to a winning verdict both in court and before arbitration and disciplinary tribunals. At Russo PLLC, we understand the importance of tailoring our litigation strategy to achieve the goals of our clients. To that end, we utilize our network of multi-disciplinary professional teams, develop creative arguments and strategize to obtain non-traditional solutions.


Financial Services Litigation

Russo PLLC has extensive experience in representing both plaintiffs and defendants in securities litigation and accountants’ liability matters.  We represent officers and directors in securities fraud actions brought pursuant to state and federal securities laws.  Our attorneys have litigated issues pertaining to proxy contests, corporate governance and representation, and disputed voting of American Depositary Shares.  We also represent registered persons and broker-dealers in DOJ, FINRA and SEC investigations and disciplinary actions involving allegations of violations of the securities laws.

Our attorneys have represented clients and advised foreign law firms regarding every facet of accountants’ liability in both domestic and international litigation, including jurisdictional issues, the standard of care and interpretations of auditing standards, substantive violations of Generally Accepted Accounting Principles (GAAP), privity, common law fraud, defenses based on the doctrines of imputation, in pari delicto and loss causation, as well as issues specific to tax malpractice.  We have notable experience litigating audit and accounting malpractice cases involving a variety of issues, including weaknesses in internal controls, the duty of internal auditors, improper revenue recognition, use of the percentage of completion accounting method, the adequacy of litigation reserves, and valuation of intangible and unique assets.


Commercial Business & Bankruptcy Litigation

Our attorneys have achieved consistent success in a wide variety of commercial and financial litigation matters in both federal and state court at the trial and appellate levels, as well as in arbitrations and other alternative dispute resolution proceedings.  In addition to our robust domestic litigation practice, many of our litigation matters involve representation of clients in cross-border and off-shore litigation and international arbitrations.

We frequently deal with cases involving disputes with respect to the interpretation of complex contracts, depository agreements, bond indentures, and financial instruments.  We have also successfully litigated significant “business divorces,” shareholder derivative actions, and partnership disputes involving allegations of breach of fiduciary duty, tortious interference with contractual relationships, and requests for equitable remedies and injunctive relief.  Our attorneys also have deep experience with handling a broad range of commercial litigation matters, including director and officer liability, lender liability and litigation with respect to secured transactions, employment matters and theft of trade secrets, RICO actions, litigation under the Uniform Commercial Code, and construction and real estate-related disputes.

In our bankruptcy litigation practice, our attorneys have served as litigation and conflicts counsel to bankruptcy trustees, litigation trusts, and Creditors’ Committees and have represented lenders and investors in a wide array of litigation matters, including fraudulent conveyance and clawback claims, claims for deepening insolvency, claims for contribution and indemnification, and accountants’ liability matters.  Our bankruptcy practice also encompasses the representation of foreign clients including Chapter 15 cases and adversary proceedings in bankruptcy court.


International Litigation

Russo PLLC has an established record of successfully representing foreign clients in litigation matters filed in the United States.  We also represent clients in international arbitrations and mediations.  Our attorneys routinely assist clients overseas in obtaining discovery in the United States for use in foreign litigation, and frequently advise foreign clients regarding application of state and federal legal principles in cross-border and off-shore litigation matters.  We have extensive experience obtaining recognition and enforcement of foreign judgments and international arbitral awards in United States courts.  In servicing our international clients, our attorneys have also been called upon to successfully litigate issues relating to jurisdiction, forum non conveniens, abstention, international collateral estoppel, the application of the Foreign Sovereign Immunities Act, and section 1782 discovery proceedings.

Russo PLLC brings extensive experience, a tenacious approach, and strategic thinking to advance your goals.