Eugene F. Assaf, P.C.

Partner Litigation

New York +1 212 446 4930

Washington, D.C. +1 202 389 5196

Eugene F. Assaf, P.C.

Overview

Gene Assaf is senior litigation partner in the New York and Washington, D.C., offices. Gene has represented clients — including AOL, BASF, Hitachi, Honeywell, Huntsman, Raytheon, SIPC, Siemens and Wyndham Worldwide — on a variety of commercial litigation, environmental and technology dispute matters before judges, juries and arbitration panels across the country. He also advises boards and management on risk and compliance issues. Over the course of nearly 30 years, Gene has served in a broad range of management roles at the Firm, including on Kirkland’s Global Executive Management Committee, as well as on the Firm’s Finance, Administrative, Diversity, Compensation and Pro Bono Committees. Gene has also served on a variety of professional and pro bono boards, including for the Legal Aid Society of New York and the Litigation Reform Advisory Committee of the U.S. Chamber’s National Chamber Litigation Center.

Chambers USA has described Gene as a "fantastic trial lawyer who is creative, aggressive, and able to cut through the complexities to get to a level of solving the problem." He was named as a 2013 BTI Client Service All-Star by the BTI Consulting Group in its 2013 Client Service All-Stars report. He was recognized by the 2012–2018 editions of The Legal 500 U.S. for Product Liability, Mass Tort and Class Action: Consumer Products, in the 2016 and 2018–2019 editions for General Commercial Disputes and in the 2016–2019 editions for Product Liability, Mass Tort and Class Action: Toxic Tort - Defense. In 2008, The National Law Journal selected Gene as one of the 10 trial attorneys for its annual "Winning" section, which features 10 litigators from across the country who have at least one significant win over the last 18 months and a history of noteworthy wins during the past several years. Gene's work has been discussed in numerous publications. Recent publications and stories include:

Chambers USA 2018, “fantastic, very smart and stands out for client service; very good at high-level strategy and corralling different issues.”

Chambers USA 2017, "a fantastic litigator and a forceful advocate."

Chambers USA 2016, "renowned trial lawyer, clients praise his trial presentation style."

Chambers USA 2015, "'fantastic trial lawyer who is creative, aggressive, and able to cut through the complexities to get to a level of solving the problem.'"

Chambers USA 2014, "extremely smart and responsive."

Chambers USA 2013, "an extraordinarily bright, analytical and responsive commercial litigator who is also articulate in explaining the law in a way that the layperson can understand."

Chambers USA 2012, "smart and aggressive litigator who is very accomplished."

Chambers USA 2011, "effective in a courtroom, and very focused on giving penetrating arguments."

Chambers USA 2010, "a gifted trial lawyer who clearly and compellingly presents complicated matters to juries."

The National Law Journal, "Winning" (June 16, 2008)

The American Lawyer, "Litigation Department of the Year" (January 2008)

The American Lawyer, "Top Of Docket: An Expert Maybe They Wished They Hadn't Called" (November 2007)

The American Lawyer, "Big Suits" (November 2007)

The National Law Journal, "Top Jury Verdicts of 2007" (February 18, 2008)

The National Law Journal, "Practice Makes Perfect for These Hot Litigators" (February 18, 2008)

The National Law Journal, "B2B Takes on a Whole New Meaning" (February 18, 2008)

Global Forensics (October 2006)

Set forth below is a listing of representative cases where Gene has served as trial counsel or has presented arguments eliminating the need for a trial.

Commercial Disputes

  • Trial counsel in seven-week jury trial in New Jersey state court for plaintiff in breach of contract case. Plaintiff’s verdict for client of $170 million. BASF Corp. v. Lyondell Corp.
  • Trial counsel in seven week jury trial in state court in Florida for alleged fraud. Defense verdict for client. Breed v. Honeywell (formerly AlliedSignal).
  • Trial counsel in five week trial in federal court for alleged fraud. Defense verdict for client. United States v. Hitachi. 964 F. Supp. 344; 74 F. Supp. 2d 1349; affirmed on appeal, 173 F. 3d 1319, and costs awarded to client on remand, 101 F. Supp. 2d 830.
  • Lead counsel for defendants in alleged fraud case in S.D. Fla. and E.D. Va. Argued and obtained transfer to E.D. Va.; then argued and obtained dismissal for defendant Time Warner on 12(b) grounds; obtained dismissal of defendant AOL on Rule 37 grounds. BizPro v. AOL and Time Warner. 2005 WL 1771275.
  • Lead counsel for plaintiff in breach of contract case in N.Y. Supreme Court; argued and obtained summary judgment for plaintiff. Siemens v. AT&T Latin America.
  • Lead counsel for plaintiff in breach of contract dispute regarding molding practices in E.D. Va. Case settled on eve of trial. Siemens v. Menasha Corp.
  • Lead counsel for defendant Telco in breach of contract action relating to termination of telecommunications services. Successfully opposed motion for preliminary injunction in E.D. Va. Starlink v. Telco.

Class Actions

  • Lead counsel for Dial in the In re Dial Complete Marketing and Sales Litigation (D.N.H. - MDL No. 2263), a series of putative class actions alleging unfair and deceptive trade practices in the marketing of Dial's antibacterial foaming hand wash products.
  • Lead counsel for BASF in putative class action under RICO. Williams v. BASF (D.N.J.), alleging fraud and spoliation.
  • Lead counsel for Wyndham in putative consumer class action (MDL case in Northern District of Texas) relating to online travel services.
  • Lead counsel in putative class action toxic tort case seeking damages for medical monitoring and diminution of property value in St. Petersburg, Florida (M.D. Fla). After evidentiary hearing, district court certified class. On Rule 23(f) appeal, U.S. Court of Appeals for the Eleventh Circuit vacated class decision, and remanded for another evidentiary hearing. Plaintiffs’ dismissed case, acknowledging that class could not be properly certified. Sher v. Raytheon.
  • Lead counsel in putative class action by hotel franchisees. Shakti et al. vs. Wyndham Worldwide et al. (M.D. Fla.).
  • Lead Counsel in defense of putative class actions regarding billing practices in C.D. Cal. In re AOL SOSA (MDL).
  • Lead counsel in defense of putative class actions regarding interoperability allegations in S.D. Fla. In re AOL Software Version 5.0 (MDL). Lead counsel in defense of putative class actions regarding interoperability allegations in N.D. Ill. In re AOL Software Version 6.0 (MDL).
  • Lead counsel in defense on putative class action regarding business practices in N.D. Cal. Buckley v. AOL.

Litigation With Government

  •  Lead counsel for Wyndham Worldwide Inc. in lawsuit brought under Section 5 of the FTC Act, where the FTC alleges that Wyndham’s data-security practices constituted “unfair” and “deceptive” trade practices. FTC v. Wyndham (D.N.J.). 
  • Lead counsel for SIPC in lawsuit brought by SEC seeking to force SIPC to cover losses associated with Allen Stanford fraud. After extensive arguments and briefing, judgment entered for client. SEC v. SIPC, 872 F. Supp. 2d 1 (D.D.C. 2012).
  • Trial counsel for Honeywell in False Claims Act case brought by the United States Department of Justice accusing Honeywell of misrepresenting the quality of ballistic material used in law enforcement body armor. United States v. Honeywell International Inc.
  • Trial counsel in merger case in federal court. FTC v. Staples and Office Depot. 970 F. Supp. 1066.
  • Trial counsel in five-week trial in federal court for alleged fraud. Defense verdict for client. United States v. Hitachi. 964 F. Supp. 344; 74 F. Supp. 2d 1349; affirmed on appeal, 173 F.3d 1319, and costs awarded to client on remand, 101 F. Supp. 2d 830.

Environmental

  • Lead counsel for BASF in numerous asbestos cases across the country. Williams et al. v. BASF
  • Lead counsel in putative class action toxic tort case seeking damages for medical monitoring and diminution of property value in St. Petersburg, Florida. After evidentiary hearing, district court certified class. On Rule 23(f) appeal, U.S. Court of Appeals for the Eleventh Circuit vacated class decision, and remanded for another evidentiary hearing. Plaintiffs’ dismissed case, acknowledging that class could not be properly certified. Sher v. Raytheon (M.D. Fla).
  • Lead counsel in consolidated toxic tort cases seeking damages for alleged personal injuries in Lake Mary, Florida (Seminole County Circuit Court, Florida). Brottem et al. v. Siemens and General Dynamics.
  • Lead counsel in putative class action toxic tort case seeking damages for alleged personal injuries in South America. Viera v. BASF et al. (S.D. Ind.)

Intellectual Property

  • Trial counsel in five-week jury trial in federal court for plaintiff in Lanham Act case. Case settled after jury asked for calculator. Merisant v. McNeil.
  • Lead counsel in trade secrets case regarding optical networking. Case settled after evidentiary hearings. Siemens v. Qtera. 
  • Lead counsel in trade secrets case in Florida and Pennsylvania regarding electrical power generation business. Siemens v. Eaton and Cutler-Hammer.
  • Trial counsel in arbitration regarding development of PET technology and corporate governance issues; case settled during arbitration proceedings. Siemens v. CPS.
  • Counsel for plaintiff Hershey asserting that Mars’ Peanut Butter M&M’s® violated Hershey’s trademark rights in Reese’s® Peanut Butter Cups and Reese’s® Pieces in M.D. Pa. Hershey v. Mars.
  • Counsel for defendant in patent dispute in Court of Claims regarding sorting technology. Summary judgment for client. Tritek v. Siemens, 67 Fed.Cl. 735.

Securities

  • Lead counsel for SIPC in lawsuit brought by SEC seeking to force SIPC to cover losses associated with Allen Stanford fraud. After extensive arguments and briefing, judgment entered for client. SEC v. SIPC, 872 F. Supp. 2d 1 (D.D.C. 2012).
  • Trial counsel in securities arbitration; defense verdict for client. Octeau v. Nationwide.
  • Trial counsel in securities arbitration; defense verdict for client. Kane v. Nationwide.
  • Trial counsel in securities arbitration; defense verdict for client. Bazzone v. Nationwide. Award affirmed, 2005 WL 351250.
  • Lead counsel for defendant in alleged securities fraud case brought by bond fund in S.D.N.Y. Argued and obtained dismissal on 12(b) grounds. American High Income v. Honeywell. 329 F. Supp. 2d 534.

Antitrust

  • Trial counsel in merger case in federal court. FTC v. Staples and Office Depot. 970 F. Supp. 1066.
  • Lead counsel for defendant in alleged monopolization case. Successfully opposed plaintiff’s motion for preliminary injunction on antitrust claims. Case dismissed with prejudice in N.D. Tx. American Telnet v. GTE. 1999 WL 362759.
  • Counsel for plaintiff in Section 7 action to block proposed merger regarding aircraft landing systems; preliminary injunction obtained; affirmed by U.S. Court of Appeals for Seventh Circuit. AlliedSignal v. BF Goodrich and Coltec. 1999 WL 437578.

Crime-Fraud

  • Counsel for confidential clients in crime-fraud hearings.

Civil Rights

  • Trial counsel (Court-appointed pro bono) for plaintiff for jury trial in D.D.C.; jury award of compensatory and punitive damages for client. Coles v. District of Columbia.

Law ClerkJudge Joseph F. Weis, Jr.United States Court of Appeals for the Third Circuit

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Memberships & Affiliations

Liability Reform Advisory Committee of the U.S. Chamber of Commerce’s National Chamber Litigation Center (NCLC).

Credentials

Admissions & Qualifications

  • 1990Pennsylvania
  • 1996District of Columbia
  • 2012New York

Education

  • Notre Dame Law SchoolJ.D.1989
  • University of EssexM.A.1987
    Rotary International Fellowship
  • Dickinson CollegeB.A.1984