Practice Areas
Mayer Kushner Davis is organized into the general practice areas listed. These practice groups offer in-depth expertise that ensures effective representation in a wide range of subjects. If you are unable to locate the information you are looking for, please contact us.
Mayer Kushner Davis Law Offices antitrust law and trade practices represent individual and class plaintiffs in federal and state litigation. Our clients include consumers and businesses who have been victims of illegal practices and anti-competitive practices. By litigating such claims, the law offices of Mayer Kushner Davis help achieve the goals of our nation’s antitrust and trade regulation laws and ensure that consumers benefit from free competition and the right to the marketplace.
Mayer Kushner Davis Law Offices litigates claims under the Sherman and Clayton Acts for price fixing, consumer distribution, market segmentation, monopoly, price discrimination, product bundling or bundling, cheating and cheating in marketing, policies and tests experience in our search. Markets and other related activities.
Mayer Kushner Davis Law Offices have played a significant role in resolving high wage, price discrimination and litigated monopoly cases across the country. We currently represent class members in numerous antitrust cases in a variety of industries, from agricultural products to pharmaceuticals, oil and gas leasing, nursing services, and commodities.
Mayer Kushner Davis Law Offices complex bankruptcy practice includes representation of a broad spectrum of creditors, debtors, committees, trustees, and receivers. Our attorneys have extensive experience in bankruptcy courts, state and federal courts, and in mediation and arbitration.
Litigation
Our insolvency attorneys are experienced in litigation, both in bankruptcy courts and state and federal courts, and are well prepared to handle all litigation that may arise in a bankruptcy case or other insolvency proceedings. On a broader scale, often a bankruptcy estate holds valuable claims against other parties – for example, antitrust violations, fraudulent transfers, and breaches of fiduciary duty – but lacks the resources to pursue those claims. Mayer Kushner Davis Law Offices has nationally recognized litigation expertise in these areas, and has a great deal of experience in structuring contingent fee arrangements that allow a client to pursue these types of claims while preserving the client’s cash for current operations.
Bankruptcy Creditor Representation
We are prepared to represent creditors in a wide range of bankruptcy-related matters. Our attorneys represent secured and unsecured creditors facing the problems that arise when one of their customers files bankruptcy. We are experienced in assisting creditors in their efforts to obtain relief from the automatic bankruptcy stay in order to recover property from the debtor, as well as in defending creditors against avoidance actions seeking to recover money the debtor paid to creditors shortly before the bankruptcy. We represent landlords in protecting their interests in leases with tenants, and creditors seeking to protect their interests in contracts or personal property leases with debtors. We represent court-appointed committees of creditors, and are well-versed in negotiating with debtors and competing creditors over the terms of Chapter 11 plans of reorganization.
Trustee and Receiver Representations
Members of our insolvency practice have represented trustees in bankruptcy cases and receivers in state proceedings, both as general counsel to handle all legal proceedings that may arise and as special counsel to handle particular issues. These representations have included cases involving multi-million-dollar fraud issues and the recovery of significant assets for the benefit of creditors.
Asset Purchasers in Bankruptcy
We represent the purchasers of major assets, or entire businesses, from bankruptcy estates. This kind of court-approved acquisition can give the purchaser not only a good financial deal, but title free and clear of claims by other creditors.
Protecting Other Creditor Rights
Our insolvency attorneys advise lenders and other creditors in various credit matters outside of the bankruptcy context. We represent creditors in foreclosure proceedings, provide assistance and advice in matters related to secured transactions and the Uniform Commercial Code, and provide representation in the enforcement of contract obligations and in actions to collect debts.
Data Privacy
Mayer Kushner Davis Law Offices is also a pioneer in representing consumers and employees who have had their personal information breached. Mayer Kushner Davis Law Offices has a long track-record of success with data breach litigation.
What is a Data Breach?
Data breach refers to an occurrence in which sensitive, protected, or confidential data has been viewed, stolen, or used by an unauthorized individual. Data breaches typically involve critically important information that can be used to commit fraud or identity theft such as personal health information, personally identifiable information (social security numbers and home addresses), intellectual property, and trade secrets.
Spam Text Messages
Mayer Kushner Davis Law Offices has a long history of successful representation of consumer clients in both state and federal litigation, including consumers who have been harmed by companies for sending unsolicited “spam” text messages without the recipient’s consent.
Oftentimes, the recipient of a spam text message is forced to bear the expense of the incoming unsolicited text as many carriers’ wireless service plans do not include unlimited text messaging, whether or not the text was authorized by the recipient. The consumer is forced to pay the additional charges on their cell phone bill for these unwanted messages. In addition, many of us have abandoned our landlines and use solely our cell phones for our telephone service, which makes the avoidance of these intrusive texts impossible.
The Telephone Consumer Protection Act (TCPA) is the law that protects consumers from unsolicited telephone calls and text messages from automated dialing and answering devices. The law allows the recipient of an unwanted text message, or spam, to collect between $500 and $1000 for each violation.
In October 2013, new requirements within the TCPA required companies to obtain prior written consent that specifically states that consumers agree to receive text messages from an automated dialing and answering device (ADAD).
If you are receiving unwanted text messages without your specific written instructions authorizing the contact, we urge you to reach out to us to discuss your options.
Every person deserves to earn fair wages and work in an environment free from discrimination. Mayer Kushner Davis Law Offices Employment Law attorneys fight to protect those rights for employees. Among Mayer Kushner Davis Law Offices attorneys are attorneys who previously worked for both the Employment Litigation Section of the Civil Rights Division of the United States Department of Justice as well as the United States Equal Employment Opportunity Commission. Mayer Kushner Davis Law Offices attorneys have extensive experience litigating complex employment cases, and they fight to ensure that employees’ rights are protected – whether it is the right to be free from discrimination, receive properly paid wages, be protected when reporting dishonest and illegal activities, or given proper warning before mass layoffs.
Mayer Kushner Davis Law Offices attorneys understand how important every dollar is to working families and are firmly committed to preventing wage theft. Wage Theft, a violation of the Fair Labor Standards Act, the Davis-Beacon Act, and/or numerous State laws, can include the practice of nonpayment of overtime, denial of breaks, not providing workers their last paycheck after they leave a job, not paying for all hours worked, and/or not paying minimum wage. Wage theft may also arise from employers wrongly claiming that they don’t have to comply with these laws because their workers are supposedly independent contractors or work for leasing companies. Contact us if you are interested in learning more about a potential Wage Theft claim.
Mayer Kushner Davis Law Offices represents employees who have suffered discrimination based on their race, national origin, gender (including pregnancy discrimination and sexual harassment), sexual orientation, religion, age, or disability, and protect employees who take protected leave for medical reasons or to care for a family member under the Family and Medical Leave Act. We also represent employees who have been retaliated against for speaking out against their employer or filing a legal complaint concerning unlawful discrimination or harassment in their workplace. Contact us if you are interested in learning more about a potential discrimination claim.
Mayer Kushner Davis Law Offices nationally-renowned complex litigation practice group has a well-established track record of fighting for Americans who have suffered when wrongdoers prioritize their bottom lines above following the law. Mayer Kushner Davis Law Offices attorneys have served as lead and co-lead counsel in lawsuits throughout the country and recovered hundreds of millions of dollars for employees working in a wide range of industries and positions.
Contact us if you are interested in learning more about Mayer Kushner Davis Law Offices employment law practice.
Mayer Kushner Davis Law Offices has broad experience litigating cases involving complex financial transactions, including private label mortgage-backed securities (“PLMBS”) and other sophisticated finance and lending arrangements. In addition to the firm’s experience representing the large-scale investors in PLMBS litigation, Mayer Kushner Davis Law Offices has a wealth of experience litigating complex financial fraud claims. Mayer Kushner Davis Law Offices attorneys have successfully pursued dozens of cases on both an individual and class-wide basis pursuant to federal statutory law, state statutory law, and common law, including claims of misrepresentation, rescission, breach of contract, breach of fiduciary duty, negligence, and statutory securities and ERISA claims. Mayer Kushner Davis Law Offices has been selected by federal courts to serve as lead or co-lead counsel in cases challenging the mortgage origination and securitization practices of subprime lenders and other financial institutions whose conduct caused significant losses to retirement plans.
Mayer Kushner Davis Law Offices attorneys’ diverse backgrounds include experience in business management, complex financial transactions, economic analysis, regulatory law, public affairs, and electronic discovery. As a team, Mayer Kushner Davis Law Offices provides top-notch representation to clients in recovering losses from mishandling of financial products and services.
Mayer Kushner Davis Law Offices represents institutional investors with losses caused by fraud, manipulation, and other illegal practices relating to financial services and products. The firm prides itself on its ability to provide the highest quality representation in complex cases. Our clients include large governmental entities, and sophisticated asset managers and funds.
Mayer Kushner Davis Law Offices approach pays dividends – in the past few years alone, the firm has recovered hundreds of millions of dollars for institutional investors. We carefully investigate and evaluate potential claims, and, when suit is warranted, pursue our clients’ claims with passion, diligence, and savvy.
Mayer Kushner Davis Law Offices has experience in international forums. Mayer Kushner Davis Law Offices clients included sovereign nations, state and local governments, sovereign Native American tribes, and quasi-governmental agencies where international agreements or other tort or statutory claims are at issue.
Mayer Kushner Davis Law Offices has been honored to represent sovereigns in litigation and arbitration matters involving governmental and business entities. The firm’s attorneys have argued cases in the International Court of Justice and pursued a breach of treaty claim on behalf of a sovereign nation. Mayer Kushner Davis Law Offices is also investigating environmental contamination claims on behalf of a sovereign nation.
Mayer Kushner Davis Law Offices attorneys have also represented clients in international arbitration proceedings, including International Centre for Dispute Resolution and International Chamber of Commerce arbitrations, as well as ad hoc arbitrations conducted under the United Nations Commission on International Trade Law Arbitration Rules. Domestically, these international arbitrations have given rise to related litigation in U.S. courts.
In addition, Mayer Kushner Davis Law Offices attorneys have represented private clients with international interests in civil litigation in U.S. courts, including state and federal courts in California, New York, Illinois, and Texas. Mayer Kushner Davis Law Offices attorneys have litigated trademark claims on foreign-registered trademarks in several western European countries and have also succeeded in obtaining rulings to conduct depositions and other discovery in Russia for litigation matters pending in the U.S. federal courts. The firm has also represented claimants in insolvency proceedings in Canada, proceeding under the Companies’ Creditors Arrangement Act.
Mayer Kushner Davis Law Offices Lawyers is experienced in all areas of mass tort cases and represents injured clients nationwide from initial investigation through trial or settlement, and appeals.
Mayer Kushner Davis Law Offices attorneys have achieved multimillion-dollar settlements providing for damages and, in certain cases, medical monitoring, on behalf of individuals who took pharmaceuticals.
Mayer Kushner Davis Law Offices also served as co-lead counsel representing injured plaintiffs contaminated by food products. Mayer Kushner Davis Law Offices attorneys have also represented injured plaintiffs against victims of mass medical negligence.
Mayer Kushner Davis Law Offices represents institutional investors pursuing put-back claims against mortgage-backed securities sponsors who bundled toxic loans in mortgage-backed securities. Under the governing agreements, residential mortgage-backed securities (“RMBS”) sponsors are required to repurchase loans that violate representations and warranties regarding the quality of the loans, including the promise that loans were issued pursuant to the loan originators’ stated underwriting guidelines.
Mortgage-Backed Securities Investors Have Recovered Billions of Dollars from Put-Back Claims
Over the last several years, RMBS sponsors have agreed to pay billions of dollars to resolve put-back claims. Several other major RMBS sponsors have not yet resolved their put-back liability. There is still the possibility of pursuing put-back claims against these entities, provided that investors act quickly.
Securities Fraud
Mayer Kushner Davis Law Offices enjoys a national reputation for excellence in prosecuting securities claims on behalf of injured shareholders. These cases typically assert claims against at least one corporate defendant, its officers and directors, its underwriters, and/or its auditors. The firm relies upon the strong business and financial background of its attorneys. This expertise, along with the use of knowledgeable experts and state-of-the-art technology, contributes to Mayer Kushner Davis Law Offices successful securities fraud practice.
In recognition of Mayer Kushner Davis Law Offices strong performance, courts have appointed the firm to leadership positions in a number of cases and firm attorneys consistently strive to achieve outstanding results.
Securities Lending
Securities lending is a service typically offered by asset managers to their institutional clients. The bank or asset manager’s clients lend out their shares to other people in order to receive interest income on the loan. Securities lending is a common practice for institutional investors including mutual funds, insurance companies, pension plans, and others with large investment portfolios who are seeking to earn incremental returns on their portfolio to aid in covering their investment management fees. When the loan is made, the borrower is required to provide the lender with collateral in the form of cash or other securities of equivalent value. Prudent and conservative investment of the cash collateral is required so that it can be returned to the borrower at the conclusion of the loan. As payment for the loan, the parties negotiate a fee for the value of the loaned securities. For this reason, it is imperative that the bank or asset manager also aggressively negotiate and monitor the fees for the loaned securities.
Mayer Kushner Davis Law Offices represents institutional investors and is co-lead counsel on behalf of public pension funds in ongoing litigation against Northern Trust Investments, N.A. alleging that Northern Trust imprudently invested its clients’ cash collateral in risky and long-term securities and breached its legal and contractual obligations to its clients.
Mayer Kushner Davis Law Offices nationally recognized litigators help ordinary people combat fraud. As plaintiffs in federal and state whistleblower lawsuits, Mayer Kushner Davis Law Offices clients play an essential role in exposing bad business practices and helping the government reclaim public funds.
What is Whistleblowing?
Whistleblowing is the act of reporting dishonest and illegal activities that cause risks to public health and safety, lead to improper and unfair uses of taxpayer dollars, and otherwise threaten the public interest. Whistleblower suits generally must be based on original or non-public information.
There are federal and state laws under which whistleblowers can report illegal activities and be protected from retaliation. In addition, there are federal government agencies with specific whistleblower programs.
How Can I Blow The Whistle?
Ordinary people witness fraudulent business practices every day, but those red flags may only be recognizable within a particular professional context. You have an important role to play as a potential whistleblower if your specialized knowledge allows you to recognize fraud that the government might not otherwise discover.
Are you a nurse who has witnessed a doctor falsely certifying “medically necessary” procedures? An accountant who recognizes a pattern of fraud in your company’s billing practices? A public works subcontractor who has witnessed the general contractor engaging in bid rigging, or cutting corners? Those practices could be the basis of a whistleblower lawsuit.
If you are thinking about reporting fraud, misrepresentations or abuse and wish to contact an attorney at Mayer Kushner Davis Law Offices, all communications will be protected by the Attorney-Client Privilege and held in strict confidence, whether or not you decide to hire us.