Our Approach

Litigation has been a cornerstone of our practice since the firm’s inception. Leading companies from around the world in every industry, as well as their executives and directors, turn to us for their most challenging litigation matters. Davis Polk litigators are recognized for their experience, creativity, integrity and strategic approach.

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Awards and Rankings

Davis Polk’s “consistently excellent” litigation practice earned an “Elite” designation and received the highest ranking among litigation firms for General Commercial Litigation, White-Collar Crime & Government Investigations and Antitrust from Chambers USA 2003-2011: “[Davis Polk] has a strong track record handling high-profile contentious matters for financial industry clients and global corporations.”
“[Davis Polk’s] preeminence across a broad range of litigation types continues to impress in securities, complex commercial, white-collar criminal cases and investigations.” Chambers USA 2011
Clients laude Davis Polk’s litigation practice as having “[t]houghtful lawyers who give meaningful business advice.” Chambers USA 2010
According to clients, the Davis Polk litigation team provides “top service at every front” and “has the ability to assemble a group that works hand-in-hand to serve the client, leading to a comfort that all the important issues have been fully addressed.” Legal 500 U.S. 2010
“Clients appreciate the group’s multidisciplinary, one-stop-shop approach and its culture of putting its best people on the task. ‘They give you the final product all wrapped up with a bow on it!’” Chambers USA 2009
Peers and clients praise the firm for “extraordinary expertise in various subareas of its litigation group,” making Davis Polk a “highly recommended” national and New York litigation firm. Benchmark Litigation: America’s Leading Litigation Firms and Attorneys

Notable Matters

We advised Roche on its hostile bid to acquire Genentech, and represented Roche in more than 30 lawsuits challenging the bid and the transaction ultimately negotiated by Roche. We then structured a global settlement resolving all of the litigation concerning the transaction, which was recently approved by the Court of Chancery of the State of Delaware.
We represent the Board of Directors of Bank of America in connection with shareholder derivative cases relating to Bank of America’s acquisition of Merrill Lynch.
We successfully represented a group of six banks, led by Citigroup Inc. and Deutsche Bank, in New York and Texas lawsuits relating to the financing of one of the largest-ever leveraged buyouts – the acquisition of Clear Channel Communications by affiliates of Bain Capital and TH Lee Partners. After trial commenced, the litigation was settled as part of a restructuring of the transaction at a lower price and with reduced loans by the bank group.
We represented the audit committee of Bear Stearns in its investigation into the collapse of two of its sponsored hedge funds.

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We represent Siemens AG and are advising it in criminal and regulatory matters in numerous jurisdictions relating to corruption allegations - including advising the company on financial reporting, coordinating its global defense as to non-U.S. investigations, and assisting in the development of enhanced compliance policies and procedures. We acted as counsel in Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ) proceedings, and we currently represent Siemens before various multilateral development banks and in civil matters arising from the corruption matter. In coordination with the simultaneous settlement of related German proceedings, we successfully structured a court-approved resolution of all criminal and civil investigations by the DOJ and the SEC.
We successfully defended Morgan Stanley in an action brought by IDT Corporation. The New York Court of Appeals ruled in favor of Morgan Stanley, holding that all of IDT’s claims were time-barred and that IDT’s unjust enrichment claim based on an allegedly extorted fee failed to state a claim, as that fee was governed by a contract.
We successfully represented Comcast in litigation with the National Football League over telecasting the NFL Network. The litigation included a New York state court action, and an FCC proceeding that was tried before an Administrative Law Judge. During post-trial briefing, the parties entered into a favorable settlement that included a long-term agreement to telecast the NFL Network.
We won dismissal of a securities fraud class action against AstraZeneca Pharmaceuticals in the Southern District of New York. Plaintiffs alleged that the company defrauded investors by failing to disclose certain information regarding a drug for which AstraZeneca was seeking FDA approval.
We represented Deloitte in connection with a shareholder litigation, as well as criminal and regulatory proceedings, arising from a massive restatement by Royal Ahold, N.V. – the Dutch grocer and former owner of U.S. Foodservice – that was prompted by the discovery of two large-scale frauds. In 2008, we won dismissal of the civil suit against Deloitte and in 2009 we prevailed on appeal before the Fourth Circuit.
We obtained a favorable nationwide settlement for T-Mobile in state and federal class actions that challenged the legality of early termination fees in wireless services contracts and sought refunds in excess of $1 billion. The settlement resulted in T-Mobile paying the smallest amount of any wireless service carrier.
We successfully represented Pfizer in numerous consumer fraud class actions, including federal multidistrict litigation (MDL), relating to the marketing of Neurontin. We defeated class certification in the MDL and in state courts and have won dismissal of a number of other purported class actions brought on behalf of national and state-wide classes of consumers and third-party payers.