Kent Yalowitz has represented a wide variety of clients in high-stakes litigation. Most recently, he led the trial team that secured a $655 million jury verdict against the Palestinian Authority and the PLO in favor of eleven American families injured in terrorist attacks. This was the largest personal injury jury verdict ever in the Southern District of New York and was recently ranked 2nd nationwide by the National Law Journal in its special report on 2015 "Top 100 Verdicts" based on award size.

Mr. Yalowitz has deep experience in contractual and business disputes, civil and criminal tax controversies, labor and employment disputes, bankruptcy, securities fraud, product liability, antitrust, and corporate governance matters. In addition to trial and appellate work, he assists clients with internal and governmental investigations.

Before entering private practice, Mr. Yalowitz served as a law clerk for Judge Edmund L. Palmieri of the United States District Court for the Southern District of New York.

Experience

  • Sokolow v. PLO – Led a team that won a $655.5 million treble damages jury verdict after a seven-week trial under the Anti-Terrorism Act.
  • Winstar-related cases – Led teams that won judgments exceeding $500 million. Those cases arose out of the government's abrogation of regulatory and tax promises made to induce participation in the 1988 savings and loan bailout.
  • Judge Margarita López Torres in her landmark voting rights challenge to New York State's method for electing trial-court judges, López Torres v. New York State Board of Elections. Conducted a four-week preliminary injunction hearing, after which the Court ruled in favor of Judge López Torres and struck down New York's system as unconstitutional. This decision was ultimately reversed by the US Supreme Court, ending, for the time being, efforts to reform New York's notorious judicial selection system. Common Cause/New York, another plaintiff in the case, honored Mr. Yalowitz's work on this matter with its 2006 Holding Power Accountable Award.
  • Many corporations in employment and labor matters, often involving expedited or preliminary-injunction proceedings. These have included Northwest Airlines in obtaining and preserving (through the Second Circuit) an injunction against a strike by its flight attendants, CBS Radio in its lawsuit against radio personality Howard Stern (CBS Radio v. Stern), MTV Networks in a preliminary injunction hearing resulting in the issuance of an injunction in favor of MTV (MTV Networks v. Fox Family Networks), and Credit Suisse First Boston in successfully opposing injunctions in several cases involving the acquisition of groups of employees (BT Alex Brown v. CSFB; Prudential Securities, Inc. v. CSFB).
  • New York State Restaurant Association in its First Amendment challenge to a New York City regulation requiring restaurants to post calories on their menu-boards.

  • Issuers, advisors, and traders in securities and commodities fraud cases, SEC, NASD and NYSE investigations, and internal investigations concerning accounting policies, securities pricing, insider trading, and mergers and acquisitions.
  • Debtors and creditors in litigated bankruptcy and fraudulent conveyance matters, including Merrill Lynch in the Madoff cases, and Northwest Airlines in its successful effort to enjoin a strike by its flight attendants.
  • State of Israel in various cases including In re Holocaust Victim Asset Litigation, in which Israel has appeared in connection with the distribution of a $1.2 billion settlement.
  • Lawyers and accountants accused of professional malpractice, including cases in which he has secured complete dismissals for Ernst & Young, Arthur Andersen, and others.
  • State of Delaware in securing a several hundred million dollar recovery in the fifty-state dispute over escheat of unclaimed securities distributions, a case that originated in the Supreme Court (Delaware v. New York), involved Congressional hearings, and culminated in a 50-state settlement.

Perspectives

Trump and the Impending Foreign-Policy Crisis
The National Interest
The Implementation Challenge: Court Challenges to Dodd-Frank
Arnold & Porter Seminar/Conference

Recognition

New York Super Lawyers
General Litigation (2006, 2009, 2013-2016)
Litigation Counsel of America

Credentials

Education
  • JD, Columbia Law School, 1987
  • BA, Yale College, 1984
Admissions
  • New York
  • Supreme Court of the United States
  • US Court of Federal Claims
  • US Tax Court
Clerkships
  • US District Court, Southern District of New York, The Honorable Edmund L. Palmieri
Activities
  • Served on the Judiciary Committee, New York City Bar

Overview

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