Harvey Kurzweil

Harvey’s representative matters include:

Complex Commercial Litigation:

• Representation of Factory Mutual Insurance Company in various coverage litigations involving the defense of claims based upon alleged Covid-19 losses
• Lead counsel in successful defense of Factory Mutual Insurance Company in major litigation brought by New York University for damages suffered as a result of Superstorm Sandy
• Lead trial counsel in the representation of The Travelers in the coverage litigation arising out of the destruction of the World Trade Center
• Lead trial counsel in Coalition for Fair Lumber Imports Executive Committee v. United States, a constitutional challenge to the dispute resolution procedures of the North American Free Trade Agreement (NAFTA)
• In Insurance Alliances Group, Inc. v. Mutual of New York—obtained a jury verdict in favor of defendant in a two-week jury trial in which the plaintiff alleged that Mutual of New York breached a written agreement and an oral joint venture, committed fraud, and attempted to destroy the plaintiff’s business
• Achieved a favorable settlement after three weeks of trial in the matter of Frank B. Hall v. Nissan Motor Acceptance Corporation, involving placement by Hall of nationwide collateral protection coverage for all Nissan automobiles sold or leased in the United States 
• Hartigan v. Minskoff—successfully represented an institutional lender in a multi-week jury trial a on breach of contract claim seeking damages for failure to comply with a guarantee of completion of a large office building.
• Empire v. Timeplex—successfully represented defendant Timeplex in a four-week trial in a complex contractual dispute relating to the sale of classified defense equipment to the Government of Israel
• Tesoro Petroleum Corporation v. Coastal—obtained a jury verdict for plaintiff in a three-week jury trial arising out of the sale of a large quantity of gasoline
• Lead counsel in the representation of The MONY Group in class action litigations involving sales practices for life insurance policies, known generally as the “vanishing premium” cases
• Represented a leading financial institution in major litigation against a private equity firm
• Represented a major cable TV provider in high-profile litigation against a content provider
• Represented Virginia Surety in various class actions relating to sale of accident and sickness insurance coverage

Antitrust Litigation: 

• Lead trial counsel for a major pharmaceutical manufacturer in a landmark ten-week jury trial in which the court granted the defendants’ motion for judgment as a matter of law. In that case (In re Brand Name Prescription Drugs Antitrust Litigation), potential damages in the billions were sought along with injunctive relief, arising out of claims that various pharmaceutical manufacturers and wholesalers had conspired to deprive retail pharmacies of discounts for brand name prescription drugs
• Represented certain regulated common carriers in a six-month jury trial on charges of illegal monopolization of telephone terminal equipment
• Represented a major wholesale distributor of magazines and periodicals in an antitrust action brought by a French publishing conglomerate, alleging monopolization and restraint of trade
• Represented a major health care provider in several restraint of trade cases

Securities and Corporate Governance Litigation:

• Led the team that successfully litigated a major class action in Delaware Chancery Court, In re MONY Group, Inc. Shareholders Litigation, relating to the acquisition of MONY by AXA
• Successfully represented a group of institutional investors in a five-week jury trial regarding large losses of federal book entry securities. The claims were brought against Marine Midland Bank, Comark (a government securities dealer), and one of its former general partners
• Represented the Fiduciary Trust Company, an alleged tippee defendant, in major insider trading cases
• Represented MedImmune, a biotech company, in a major 10b-5 case
• Represented numerous other defendants in other securities cases and cases involving breach of fiduciary duty claims; Defended Investcorp in an important breach of fiduciary duty case arising out of the failure of Color Tile, one of its portfolio companies
• Represented Omnicare in a number of securities class actions
• Tried a challenge to a recapitalization of a public company in Delaware Chancery Court

Intellectual Property Litigation: 

• Represented United States Surgical Corporation in a landmark three-week patent trial (Ethicon v. U.S.S.C.) in which U.S. Surgical sought to have an unnamed co-inventor added as an inventor of a patent covering an endoscopic surgical instrument known as a safety trocar; Potential damages in the case were in excess of US$1 billion dollars
• Represented U.S. Surgical in a complex patent case tried to a jury involving issues of infringement and patent invalidity (Applied v. U.S.S.C.)
• Represented MedImmune as lead trial counsel several patent cases involving monoclonal antibodies
• Worked alongside UK barristers and solicitors in the successful trial of a biotech case in the UK

Defamation Litigation: 

• Successfully represented Eli Lilly in the defense of a major defamation case brought by the Church of Scientology relating to the prescription drug Prozac; Successfully represented a major telecommunications carrier in two major defamation/invasion of privacy cases

Financial Services Litigation: 

• Represented the Resolution Trust Corporation (RTC) in proceedings brought in the Southern District of Florida against former officers,directors, and outside professionals, arising out of the failure of a Florida savings and loan
• Represented the RTC in the Eastern District of New York as receiver in numerous suits against former officers and directors
• Represented the RTC in the Southern District of New York as receiver in an action by the former 100 percent shareholder of a failed savings and loan association who alleged that the government’s abrogation of the use of supervisory goodwill to meet federal regulatory capital requirements caused there to be a failure of consideration under certain assistance agreements entered into between plaintiffs and the government
• Represented a major bank in litigation brought by hedge funds. Represented Flushing Federal Savings and Loan Association in a trial in which a permanent injunction was obtained against Michael Rapp, the so-called “Wall Street Swindler,” and Carl Cardascia, formerly the president of Flushing Federal, in connection with a series of fraudulent loans which Rapp had obtained from the institution

 ERISA Litigation:

• Successfully represented Travelers in a major class action with significant public relations aspects brought by all salaried retirees whose health insurance benefits had been curtailed. The case was settled on terms favorable to defendants after a three-week trial