Lawrence H. Cooke, II

Partner
Cooke Lawrence

Lawrence Cooke focuses on complex civil litigation, including product liability, bankruptcy, securities, construction disputes, intellectual property, and other commercial matters in federal and state courts. Lawrence has represented several clients in jury trials, including defendants in pharmaceutical product liability matters and international building technology company.  He has also represented companies, directors, and officers in a number of high-profile and complex securities class actions and related criminal proceedings. 

In connection with several high-profile product liability litigations, Lawrence has assisted with management of national litigation, including coordination and oversight of local and regional counsel.  Another significant part of his practice is representing professional services firms in connection with non-party discovery, including subpoenas for documents and depositions.

Experience

Representative Matters

  • Representing pharmaceutical company in an MDL and consolidated state court litigation involving proton pump inhibitor drugs
  • Represented pharmaceutical company in litigation involving vaccine administered to adults
  • Defended an individualized mentoring program in arbitration where claimants were seeking return of fees upon completion of the program.  The matter was dismissed prior to any exchange of discovery or hearing
  • Represented an accounting firm in litigation alleging liability related to activities of an employee outside of his work responsibilities
  • Represented Takeda Pharmaceuticals in the Actos litigation; served as trial counsel in a case tried to verdict; prepared expert witnesses for trial; took and defended expert witness depositions
  • Successfully defended an automated systems provider in breach of contract (delay/acceleration and scope) and fraudulent inducement claims, resulting in a defense verdict after a five-week jury trial in the U.S. District Court for the Eastern District of New York.  The case involved the installation of state-of-the-art controls for the HVAC systems at the newly built Terminal 5 at JFK Airport for JetBlue Airways.  The plaintiff, an electrical installation subcontractor, sought approximately $1.7 million for breach of contract and $9.2 million for fraudulent inducement
  • Represented an international business and technology services company in litigation related to a significant technology implementation project
  • Successfully defended against an arbitration claim by owner for failure to deliver energy savings in connection with a co-generation systems upgrade.  On behalf of energy contractor, made a counterclaim for failure to pay fees.  The matter was resolved after more than five days of testimony when owner agreed to pay all outstanding fees due
  • Defended against a bid protest of an award of multi-million-dollar contract to upgrade and improve environmental/mechanical systems by the New York City Housing Authority.  The court denied the protest and found the award proper
  • Regularly represents an investment bank in subsequent litigation relating to its opinion engagements
  • Represents a real estate company and its principals in a U.S. Bankruptcy Court adversary proceeding asserting breach of contract and bankruptcy claims
  • Represented the nation’s largest nonprofit credit counseling company in putative class action litigation in the Central District of California alleging violations of various federal and state statutes
  • Represented Boehringer Ingelheim Pharmaceuticals, Inc. in the Mirapex litigation; served as trial counsel for one of the two bellwether cases tried in 2008 in the MDL and prepared company witnesses and regulatory experts
  • On behalf of the nation's largest nonprofit credit counseling company, defeated class certification in an action alleging violations of a Georgia consumer protection statute.  The District Court for the Northern District of Georgia held that both named plaintiffs were inadequate to represent the putative class, and that claims for damages under the statute's strict liability provisions were inappropriate for class action treatment
  • Represents pharmaceutical and medical device companies in product liability litigation arising from medical devices
  • Previously represented the manufacturer of various childhood vaccines in nationwide product liability litigation

Insights

Credentials
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Education

  • J.D. Georgetown University Law Center 1991
  • A.B. Georgetown University 1988

Bar Admissions

  • New York

Court Admissions

  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of New York

Professional Memberships and Activities

  • Member, New York City Bar Association, Judiciary Committee, 2017 - 2020
  • Member, Defense Research Institute
  • Member, International Bar Association
  • Member, Association of the Bar of the City of New York, Product Liability Committee (two terms)
  • Member, New York State Bar Association 
  • Member, American Bar Association