Litigation
First and foremost at Lewis Baach Kaufmann Middlemiss we are lawyers whose reputation as trial lawyers rests on a foundation of solid success. Among our most notable litigation successes are obtaining and sustaining on appeal a $1 billion judgment in a fraud and RICO case, one of the largest such judgments in U.S. history, winning a defense verdict for an insurer in a nine-figure insurance coverage jury case, and forging a string of victories in a series of product liability cases for a manufacturer who admitted a defect in the product, where we litigated complex scientific issues.
We pride ourselves on making the right strategic choices, building the best teams, using the latest technology, and controlling costs. For our clients that means exceptional litigation expertise at a reasonable price.
Lewis Baach Kaufmann Middlemiss lawyers litigate in state and federal courts throughout the United States, at the trial and appellate levels. Areas of special litigation expertise include:
- domestic and international fraud, racketeering, and asset tracing matters
- contract and other commercial disputes
- complex insurance and reinsurance coverage matters
- securities fraud
- business torts and product liability claims
- defending defamation claims
- employment and other civil rights cases
- professional malpractice claims
While we are not reluctant to go to court and press cases to verdict, we do so only when in our client’s best interests, keeping your long-term goals as our focus. As part of our litigation expertise, we are also skilled in settlement and alternative dispute resolution, and can often use those skills to achieve a favorable result without the delay, expense, and uncertainty of going to trial.
In the News
A U.S. Department of Justice lawyer argued Monday that the United States can kill its own citizens without judicial review when litigation would reveal state secrets.
ABA Journal, November 18, 2020Kareem’s attorney, Tara Jordan Plochocki, argued the government was radically expanding sovereignty, domestically and abroad, allowed under state-secrets privilege.
“Whether that’s in a parking lot in the United States or abroad in Syria, the government has claimed — for the first time ever in this case — that it has unfettered and unreviewable discretion to kill US citizens at will,” Plochocki said.
Courthouse News Service, November 16, 2020Even before all the votes are in, the Trump campaign is contesting them in several states. Some may wonder if this is Bush v. Gore all over again. But it’s a much different scenario. That race hinged on a few hundred votes in a few counties in just Florida.
Jeffrey Robinson was on the Gore legal team back then. He talks to KCRW about how the current challenges might proceed.
KCRW: Press Play with Madeleine Brand, November 5, 2020- Law360, August 26, 2020
- The Washington Post, July 17, 2020
- Foreign Policy, July 3, 2020
'Looking forward from this improbable ninth week of shutdown, I believe that litigation is about to enter another sea change,' writes Eric Lewis, a senior partner at litigation boutique Lewis Baach Kaufmann Middlemiss.
AmLaw Litigation Daily, May 21, 2020With the courts mostly closed, will sexual abuse plaintiffs get more time to sue? This article in City & State examines the effect of coronavirus-related court closures on Child Victims Act claims, quoting partner Jason Berland's recent piece in the New York Law Journal.
City & State New York, May 4, 2020Lewis Baach Kaufmann Middlemiss PLLC is pleased to announce that three of its lawyers have been named to the 2020 Washington, DC Super Lawyers list. Each year, no more than five percent of the lawyers in each state are selected by the research team at Super Lawyers to receive this honor.
April 17, 2020Creating a potential Catch-22 for the adult survivors given the opportunity to bring claims during the one year look-back period, the COVID-19 crisis has closed state courts to any new civil case filings and effectively stopped any of these cases from proceeding.
New York Law Journal, April 14, 2020Six LBKM professionals have been selected to the 2019 New York and Washington, DC Super Lawyers lists - an honor limited to 5 percent of the lawyers in each state. In addition, one LBKM professional has been selected to the 2019 New York Rising Stars list.
October 2019A New York-based law firm that has focused on insurance litigation matters allegedly pocketed $1 million that was meant as a settlement payment in another case, a New Jersey-based insurance carrier has contended in New York state court.
Law360, September 23, 2019CBS2's Marcia Kramer interviewed former NYPD chiefs Diana Pizzuti and Joanne Jaffe regarding their discrimination lawsuit against the City of New York and NYPD officials.
CBS2, July 31, 2019- Washington Lawyers' Committee for Civil Rights and Urban AffairsJuly 24, 2019
- Bloomberg Law, July 19, 2019
An amended complaint filed in Miami-Dade County alleges that Amicorp, an international trust services company, actively participated in a multi-million-dollar real estate fraud which victimized many Latin American families.
www.businesswire.com, July 3, 2019Citing “egregious” misconduct by state prison officials in trying to evade a court order to produce public records concerning its efforts to obtain lethal-injection drugs, an Indiana judge has directed the state’s Department of Correction to pay more than a half million dollars in plaintiffs’ attorney fees.
Death Penalty Information Center, June 17, 2019Marion Circuit Judge Sheryl Lynch awarded $538,000 in attorney fees to plaintiffs who sued the DOC to obtain records pertaining to the lethal injection protocols that would be used at the Indiana State Prison in Michigan City in the event an execution was carried out. Lynch’s order was issued Wednesday.
The Indiana Lawyer, June 13, 2019- Judge allows journalist to challenge claimed inclusion on U.S. drone ‘kill list’
“We are gratified that the court recognized that, as a U.S. citizen, Mr. Kareem has the right to be heard in court before his government can decide to kill him, and we look forward to these proceedings continuing to a final resolution,” said Tara J. Plochocki, partner with the Lewis Baach Kaufmann Middlemiss law firm.
Washington Post, June 13, 2018 - The Wall Street Journal, March 9, 2016
- October 23, 2015
- Law360, October 1, 2015
- Law360, August 8, 2014
- Law360, September 25, 2012
- Shareholder lawsuit against Barclays could become template for other legal actionsInsurance Day, August 16, 2012
- Insurance Day, June 21, 2012
- Insurance Day, June 7, 2012
- The lawyer behind a $1 billion cross-border suit against Goldman Sachs following the sub-prime mortgage crisis praises the merits of bringing major commercial cases in the United States.February 3, 2012
- Washington lawyer Eric Lewis, who is acting for hedge fund Basis Capital in its $1 billion court action against Goldman Sachs over collateralised debt obligation deals in 2007, is used to playing a long game.The Australian, February 2, 2012
- Saudi Firms Continue Multi-Billion Dollar Global Legal BattleMiddle East Economic Survey, October 31, 2011
- Huffington Post, October 28, 2011
- Saudi Arabia’s most high profile legal battle indicates just how dangerous the world’s capital markets remain a decade after Sept. 11, 2001.Trends Magazine, September 11, 2011
- The Australian Financial Review, June 11, 2010
- Reuters, June 10, 2010
- An Australian hedge fund has launched a billion dollar lawsuit alleging Goldman Sachs knowingly sold it dud investments.ABC News, June 10, 2010
- Huffington Post, June 9, 2010
- Goldman Faces $1 Billion SuitBasis Capital Cites 'False Representations' in Collapsed CDO; Abacus Factor?Wall Street Journal, June 9, 2010
Publications, Presentations & Events
Eric Lewis is interviewed extensively in The Andorra Hustle, a documentary by Eric Merola about FinCEN's use of the USA PATRIOT Act to shut down Banca Privada d'Andorra.
September 4, 2020- A discussion of 'Liu v. SEC,' where the Supreme Court clarified the scope of the disgorgement remedy, and limited the SEC's discretion in making restitution to victims of securities fraud.New York Law Journal, August 13, 2020
The Second Circuit held that 28 U.S.C. § 1782(a) cannot be used to support petitions for discovery for use in private foreign commercial arbitrations, settling an issue that has lingered unresolved in the circuit since 2004. The new decision, In re Guo, puts the Second Circuit squarely at odds with recent decisions issued by other circuit courts, raising the possibility that the Supreme Court will take up the issue next session to resolve the split. While Guo does not impact the ability of parties to foreign public arbitrations and litigations to take § 1782(a) discovery, for now at least, parties to private foreign arbitrations may have to look to more favorable circuits outside New York for relief.
July 13, 2020Creating a potential Catch-22 for the adult survivors given the opportunity to bring claims during the one year look-back period, the COVID-19 crisis has closed state courts to any new civil case filings and effectively stopped any of these cases from proceeding.
New York Law Journal, April 14, 2020In these tough times, when clients are looking to protect assets and increase revenue, it is more important than ever to ensure that their arbitral awards are collectible. A truly successful outcome requires the ability to enforce and monetize the award that was won in the arbitration. When faced with a recalcitrant award debtor, it is imperative to think strategically and work closely with counsel and experts to enforce and identify recoverable assets.
April 2, 2020- August 16, 2012
- Annual Review - Financier WorldwideApril 2012
- February 29, 2012
- "The El Paso Ruling and its Effect on the Use of §1782 in Private International Arbitration Proceedings"September 2009
Practice Contact
Professionals
- Martin Baach
- Aisha Bembry
- Jason Berland
- Jessica Buckwalter
- Diane Camacho
- Anthony Capozzolo
- James Davenport
- Cristián Francos
- Jack Gordon
- E. Jon Gryskiewicz
- Kurt Hirsch
- Adam Kaufmann
- Sumayya Khatib
- Mark Leimkuhler
- Erika Levin
- Arthur Middlemiss
- John Moscow
- Waleed Nassar
- Tara Plochocki
- Jeffrey Robinson
- Marc Scholl
- Chiara Spector-Naranjo
- A. Katherine Toomey
- Manuel Varela
- Elizabeth Vélez
- A. Mackenna White
- Benjamin Zelenko