Lawrence H. Cooke II
Partner
In connection with several high-profile product liability litigations, Lawrence has assisted with the 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
Experience
Representative Matters
- Representing a pharmaceutical company in an MDL and consolidated state court litigation involving proton pump inhibitor drugs
- Representing a pharmaceutical company in litigation involving a vaccine administered to adults
- Regularly represents an investment bank in subsequent litigation relating to its opinion engagements
- Represents pharmaceutical and medical device companies in product liability litigation arising from medical devices
- Stayed litigation in favor of arbitration in a dispute between a client and a service provider
- Represented a chemical manufacturer in product liability litigation resulting in dismissal of all claims
- 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. The matter was dismissed
- Represented Takeda Pharmaceuticals in the Actos litigation; served as trial counsel in a case tried to verdict; prepared expert witnesses for trials throughout the country; took and defended expert witness depositions
- 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
- Defended an energy contractor against an arbitration claim by owner for failure to deliver energy savings in connection with a co-generation systems upgrade. Made a counterclaim for failure to pay fees. The matter was resolved after more than five days of testimony when the owner agreed to pay all outstanding fees due
- Defended against a bid protest of an award of a 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
- Represented a real estate company and its principals in a U.S. Bankruptcy Court adversary proceeding asserting breach of contract and bankruptcy claims
- 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
- Defeated class certification in an action alleging the nation’s largest nonprofit credit counseling company violated a Georgia consumer protection statute. The U.S. 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
Insights
Insights
Credentials
Credentials
Education
- J.D. Georgetown University Law Center 1991
- A.B. Georgetown University 1988
Bar Admissions
- New York
- District of Columbia (inactive)
Court Admissions
- U.S. Court of Appeals for the Second Circuit
- 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, Judiciary Committee, New York City Bar Association, 2017 – present
- Member, Defense Research Institute
- Member, Lawyers for Civil Justice
- Member, Product Liability Committee, Association of the Bar of the City of New York (two terms)
- Member, New York State Bar Association
- Member, American Bar Association