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Steve Kott maintains a comprehensive commercial litigation and regulatory counseling practice, having successfully represented clients through a broad range of disputes, including product liability claims, antitrust and trademark infringement claims, employer/employee disputes, patent infringement actions, false advertising claims, professional malpractice claims, insurance coverage issues, NASD arbitrations and corporate officer and director liability claims.
Mr. Kott represents clients before both federal and state courts and before the American Arbitration Association. Mr. Kott also counsels financial institutional clients before state and federal regulatory agencies and has advised and structured corporate acquisitions and transfers. Mr. Kott is on the editorial board and is co-author of the Construction and Design Law Treatise and Construction and Design Law Digest.
Representative litigation matters include:
- Brooke Group Inc. v. Brown & Williamson Tobacco Corp., 509 U.S. 209 (1993) (represented plaintiff Liggett Group Inc. from the inception of the case through the Supreme Court, including a 115 day jury trial which awarded $150 million to Liggett).
- MovieFone v. Ticketmaster (recovered $12.5 million on behalf of plaintiff in a monopolization case in the Southern District of N.Y. that was settled before trial).
- MovieFone v. Pacer CATS, 268 A.D.2d 262 (2000) (recovered $22.8 million for MovieFone in a five-month arbitration proceeding, upheld by the N.Y. Court of Appeals).
- Copper Tubing Antitrust Litigation (W. D. Tenn. 2006) (represented Halcor S.A. in successful dismissal of complaint on reconsideration based on arguments grounded in Foreign Trade Antitrust Improvements Act and extraterritorial jurisdiction under the Sherman Act).
- Allied Signal and Crane Co. v. B.F. Goodrich, 183 F.3d 568 (7th Cir. 1999) (represented Crane Co. in successful effort in federal court in Indiana to preliminarily enjoin B.F. Goodrich's acquisition of Coltec in the landing gear industry).
- Commercial Explosives Antitrust Litigation, 945 F. Supp. 1489 (D.C. Utah 1996) (recovered $77 million for class represented by BHP Copper).
- Aggregate Products Inc. v. Granite Construction Company, 1999-1 Trade Cases (CCH) ¶72,470 (S.D. Cal. 1999) (successfully obtained a settlement on behalf of the plaintiff in a predatory pricing case in federal court in San Diego, after a special master found below cost pricing).
- Chemical Products Technologies v. Monsanto (South Carolina 2002) (representing plaintiffs in monopolization case involving herbicides).
- Piccoli Inc. v. Calvin Klein Jeanswear Co., 19 F.Supp.2d 157 (S.D.N.Y. 1998) (favorably resolved a novel Lanham Act claim in a gray market case in the Southern District of New York on behalf of Piccoli, a Danish company).
- TransAmerican Refining Corp. et al. v. Crane Co. et al. (successful defense of a class action price-fixing case in federal court in Houston).
Representative counseling matters include:
- Assisting major commercial products manufacturer with strategic planning and programs with respect to multiple product-distribution channels and partners, including compliance guidance on Sherman Act and Robinson-Patman-Act issues.
- Assisting several major industrial chemicals joint ventures in Hart-Scott-Rodino Act process to gain clearance through Federal Trade Commission’s Second Request and investigation.
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