Laurence A. Schoen

Practice Details

• Firm Information
  Position

  Member

  Firm Name

  Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
• Representative Cases & Transactions
  Cases

  Representative Matters: Co-lead counsel for pharmaceutical company defendant in the Nexium antitrust MDL litigation, the first alleged pay-for-delay case to go to trial since the Supreme Court's 2013 decision in FTC v. Actavis. Cross-examination of key reverse payment expert resulted in the Court striking the expert's testimony after he left the st
  ,
  paved the way for a favorable settlement for Larry's client shortly before the close of the evidence.
  Defended parts supplier in the damages phase of a case in which the plaintiff medical device company sought over $100 million in lost profit damages. Briefed
  argued a successful Daubert motion that resulted in the exclusion from evidence of a substantial portion of the opinions of plaintiffs' damages expert, causing the plaintiff to withdraw its lost profits claim on the eve of trial.
  Represented an international corporation
  its subsidiaries in a dispute with a major financial institution concerning illiquid auction rate securities
  collateralized debt obligations that were purchased in the client's corporate cash accounts. Our efforts resulted in a settlement by which the client received a cash payment of $100 million.
  Defended a national public accounting firm in a malpractice action involving the audit of an insurance company that was subsequently declared insolvent. The plaintiff, the Massachusetts Commissioner of Insurance, sought in excess of $50 million in damages under a deepening insolvency theory. Successfully obtained partial summary judgments that knocked out 90% of the damages claimed by the plaintiff. See Bowler v. Arthur Andersen, 2005 WL 2402875 (Mass. Super. Ct. 2005).
  Defended an integrated circuit maker in a patent infringement lawsuit
  in asserting Lanham Act counterclaims.
  Served as second chair during a six-week trial before the Court of Federal Claims in Washington, DC, in which we won a verdict for our client of $8.8 million from the US Department of Housing
  Urban Development, the first time that the federal government was ever ordered to pay lost profits damages in a contract dispute involving a new venture. See Energy Capital Partners v. United States, 47 Fed. Cl. 382, affirmed 302 F.2d 1314.
  In a first-of-its-kind privacy class action lawsuit brought in New York seeking $100 million in damages, Larry was part of the team that won a trial verdict dismissing all claims against his client, a Fortune 100 company. See Anonymous v. Hinderstein, et al., (NY Sup. Ct. Index No. 604804/99 (2004).
  H
  led a variety of complex arbitration proceedings, including royalty disputes, EB-5 litigation, indemnification claims
  clean-tech matters.