Litigation 2026

USA Trends and Developments

Trends and Developments Contributed by: Ronald R. Rossi, Daniel J. Koevary, Jonathan L. Shapiro and Matthew B. Stein Kasowitz LLP

Kasowitz LLP is headquartered in New York City and is one of the pre-eminent law firms in the USA, with approximately 200 lawyers across nine offices. The firm’s core focus is commercial litigation, comple- mented by exceptionally strong bankruptcy/restruc- turing, employment litigation and real estate transac- tional practices. Kasowitz is known for its creative, aggressive litigators and its willingness to take on

tough cases, and it has extensive trial experience in representing plaintiffs and defendants alike in every area of litigation. Clients include Fortune 500 compa- nies, private equity firms and other investment firms across a wide range of industries, including financial services, technology, and real estate. The firm has successfully secured billions of dollars in awards and settlements for clients.

Authors

Ronald R. Rossi is a first-chair trial lawyer and a partner at Kasowitz LLP, whose practice encompasses matters involving real estate disputes, business disputes, insurance disputes, software litigations, and corporate governance.

Jonathan L. Shapiro is a partner at Kasowitz LLP, who focuses on all aspects of employment-related litigation and disputes before federal and state courts, administrative agencies, and ADR bodies. Jonathan’s

Ron represents real estate developers and owners in complex real estate litigation, along with companies, senior officers, and directors in high-stakes corporate litigation, and international and domestic insurers in multifaceted insurance coverage issues in the USA, London, and Europe. He also advises companies facing business disruptions and financial losses result- ing from failed Enterprise Resource Planning software implementations, as well as public and private boards, directors, and senior executives on sensitive internal investigations and corporate governance matters.

experience includes defence against claims of discrimination, harassment/hostile work environment, retaliation, wrongful termination, and whistle-blowing, as well as disputes involving the enforcement of employment contracts and non-competition/non- solicitation covenants. He also litigates tort claims arising from the employment relationship, such as breach of fiduciary duty, unfair competition, and tortious interference. Jonathan represents employers in wage-and-hour collective and class action litigation.

Matthew B. Stein is a bankruptcy litigation partner at Kasowitz LLP, where he represents debtors, credi- tors, statutory and ad hoc committees, indenture trustees, private equity funds and other investors throughout the

Daniel J. Koevary is a partner at Kasowitz LLP and a litigator who has handled a variety of high-stakes matters for individuals and businesses, including Fortune 500 companies. Dan has experience of representing

capital structure in complex and contentious restruc- turings, reorganisations, and liquidation proceedings. Matthew has extensive experience in litigation arising from distressed situations, leveraged buyouts, and liquidity management transactions. He also regularly handles disputes involving contested plan confirma- tion, including valuation disputes, subordination and recharacterisation of claims, cram-down, and vote designation issues.

plaintiffs and defendants in complex matters, includ- ing numerous litigations involving fraud, breach of contract, and defamation. He also has significant experience of handling government investigations and litigating white-collar criminal matters, including money laundering, securities fraud and tax fraud. Dan was previously a prosecutor at the Manhattan District Attorney’s Office.

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