Axinn attorneys try cases. They have successfully tried numerous jury and non-jury cases throughout the country, and have been entrusted with a variety of mission-critical matters of high strategic importance. With almost every single lawyer being involved in litigation, the firm has as many litigators as most large firm litigation departments. Axinn prides itself on being efficient and agile, and capable of winning even the most challenging cases.
Axinn’s senior partners each have decades of experience litigating and trying cases and are ranked in the American College of Trial Lawyers, Chambers USA, and Super Lawyers. Beyond knowing an area of the law or an industry, trial lawyers know people. Instinctively, they know how to relate to a jury and how to demonstrate a witness’s honesty or to expose a witness’s deceit. Any business facing the prospect of trial will want to make sure that its trial lawyer has extensive and recent trial experience. Axinn’s trial lawyers are highly sought after precisely because they are active, experienced trial lawyers. They are frequently retained to bring the most important and often the most troubled cases to trial.
Axinn attorneys also have successfully represented clients in appeals throughout the country. Recent appellate victories include decisions from the U.S. Courts of Appeals for the First, Second, Third, Seventh and Eleventh Circuits.
Axinn attorneys also are very familiar with arbitration. They represent clients in domestic and international arbitrations and mediations before such alternative dispute resolution providers as the American Arbitration Association and the International Chamber of Commerce. Recent arbitrations involved claims ranging from diversion of international power projects to claims for breach of exclusivity provisions of a software licensing agreement.
Major Commercial Litigation
The language of business is contracts. Axinn lawyers speak this language fluently, and frequently counsel clients on their most significant contract issues. It is through contracts that business entities make commitments to one another. These contracts can involve the supply of an essential component or the sale of an entire business. Many of these contracts can be extremely complex and can involve hundreds of millions of dollars. When problems arise, Axinn lawyers know how to help by applying the principles of contract law to a dispute and translating complex issues for juries.
Insurance and Financial Services
Many of Axinn’s attorneys have spent their careers litigating the unique and complex issues faced by insurance companies and other financial services companies. They have considerable experience litigating claims of fraud in the sale of financial instruments such as residential mortgage-backed securities. They also have significant experience litigating major cases that involve regulatory issues, coverage issues and allegations of unfair competition.
Fiduciary Duties of Officers and Directors
Beyond looking outward, businesses are sometimes faced with internal issues involving the fiduciary duties of directors and officers. Axinn attorneys are skilled in addressing these issues and recently won a defense jury verdict rejecting multi-million dollar claims for breach of fiduciary duties by directors and officers and a multi-million dollar bench trial in favor of a bankruptcy trustee as a plaintiff, proving breach of fiduciary duties by directors and officers of a privately held corporation.
Trademark & Copyright
The firm has litigated numerous trademark and copyright cases of significant importance to its clients. These cases include: the litigation of trademark and counterfeiting allegations against a major line of handbags; the defense of Stanley’s right to use the colors yellow and black on product line extensions; the litigation of trade dress claims involving the packaging of over-the-counter medications; and the representation of numerous artists in connection with copyright claims.
Axinn attorneys have extensive experience with class actions. They successfully defended a client in a two month jury trial in one of the very few class action cases ever to go to trial. Axinn was brought in to try the case after a class had been certified. Axinn attorneys also have been successful in defeating motions for class certification and obtaining favorable class action settlements for their clients. They have handled class actions for clients ranging from insurance companies to cable television providers in cases involving claims ranging from unfair competition and consumer protection to regulatory compliance.
Beyond contracts, businesses are often confronted with a variety of business torts. Whether they involve unfair trade practices, false advertising, products liability, unfair competition, corporate raiding or violations of government regulation, Axinn attorneys possess a depth and breadth of experience in handling matters involving business torts.
- Tom Rohback Named Fellow of Litigation Counsel of America
- Axinn Honored With Litigation Department of the Year
- Axinn, Veltrop & Harkrider Assists Syncora Guarantee Inc. In $375 Million Settlement With Bank of America Corp.
- Axinn Partners Selected by Chambers USA
- Axinn Wins Dismissal of a Putative Class Action Against Travelers
- Donald Hawthorne Joins Axinn's Litigation Group
- Axinn Wins Another Appeal for Brown & Brown
- Axinn Partners Named Connecticut Super Lawyers 2011/2012
- Axinn Partners Named to Super Lawyers Business Edition 2011
- Axinn Partners Again Ranked by Chambers
- Axinn Partner Thomas G. Rohback Named a "Successful" Litigator by The National Law Journal
- Axinn Attorneys Named Connecticut Super Lawyers 2011
- Super Lawyers Names Axinn Attorneys - New York Metro 2010
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Articles & Newsletters
- NY Ruling Against Goldman Pokes Hole In Diligence Defense
- Axinn Partner Tom Rohback Interviewed for Law360's Q&A
- How the Belgacom Ruling Will Impact Attorney Privilege in EU
- Axinn Partner Thomas G. Rohback Interviewed for Financier Worldwide's 2013 Annual Review
- Satisfying the "Meet and Confer" Requirement in Federal Court
- Drawing the Line Between Descriptive and Suggestive Trademarks
- Arbitration Freed From American Fee Rule
- Connecticut Supreme Court Holds That Distributor Was Not A Franchisee
- Axinn Wins Unanimous Reversal by Connecticut Supreme Court on Prejudgment Remedy Procedure
- U.S. Supreme Court Again Clarifies the Power of Arbitrators
- Recent Supreme Court Decision Reinforces the Increasingly Important Role Arbitrators Play in Resolving Disputes
- Axinn Victory Against Antitrust Division Shows That Challenges to Mergers Can Be Litigated Quickly and Defended Successfully
- Invention is the Mother of Litigation
- Alternative Dispute Resolution: Simplified Justice or a Shield for Smoking Guns?
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Valdez v. Travelers: Class Action in New Mexico dismissed in a 55-page decision.
Romag Fasteners, Inc. v. Fossil, Inc. et al. (D. Ct.): Axinn is currently representing Fossil, Inc. and retailers that sold certain Fossil products in a case alleging counterfeiting and trademark infringement.
PainReform Ltd. v. Encore Therapeutics, Inc. (International AAA 2011): Axinn represented an Israeli specialty pharmaceutical company in a breach of contract action before the International AAA.
Barrett v. Toroyan, et al., (N.Y. Sup. Ct., Commercial Division, 2008, NY App. Division, 2010): Won a jury verdict rejecting multimillion dollar claims of breach of fiduciary duties by directors and officers.
Brown & Brown v. Blumenthal, (Conn. 2010): Axinn won a ruling from the Connecticut Supreme Court that material subpoenaed by the Connecticut Attorney General is fully confidential and may not be disclosed except to governmental officials in other states.
Tedor Pharma Inc. v. Hovione Ltd. (AAA 2010): Axinn represented a manufacturer of a pharmaceutical device in a breach of contract litigation before the AAA.
Artie’s Auto Body, Inc., et al. v. The Hartford Fire Insurance Company, (Conn. Super. Court, Complex Docket 2009): One of the few class actions ever to go to trial, this case involved allegations of unfair trade practices, over $300 million in damages and an attempt to close down The Hartford’s automobile “direct repair” program. The jury rejected almost all of plaintiffs’ claims and awarded less than 5 percent of the requested damages claim. This award will be appealed if necessary.
Combined Energies, a division of Energy East Corp. v. CCI, (D. Me. 2009): Axinn defeated motions for summary judgment in this case alleging tortious interference and breach of contract.