Edward Flanders

Ed is an exceptional litigator who quickly develops a comprehensive understanding of the facts underlying a matter as well as a sophisticated, dynamic litigation strategy.

—An executive in the global power industry

Ed Flanders, managing partner of the New York Office and former head of Pillsbury’s Litigation practice in New York, represents companies in large, complex commercial litigation and arbitration matters.

Ed’s practice includes claims arising out of construction contracts, insurance coverage disputes, manufacturing disputes, investment banking fee disputes, corporate governance, long-term supply contracts and oil spills.

Representative Experience

Represented investment bank in dispute over fee in connection with business combination with a SPAC (NYS Commercial Division), and obtained summary judgment awarding fee of $31,345,000 plus pre-judgment interest.
Represented major university in $1 billion litigation arising out of contractor’s failure to protect a construction site in preparation for Superstorm Sandy, resulting in extensive water damage and an insurer’s failure to pay for those losses (NYS Commercial Division), and obtained record settlement for client.
Represented a major pharmaceutical company in a royalty dispute with another large pharmaceutical company (NYS Commercial Division), and recently obtained a very favorable settlement for client.

Represented board of trustees in a dispute over the management of a large endowment and the governance of a prestigious school in Greece (NYS Commercial Division), and obtained complete victory after a three-week trial.

Represented claimant in a $180 million dispute over a tax-sharing agreement between formerly affiliated companies (ICDR). Conducted 15 days of hearings in early 2014, and obtained award in favor of client.

Served as co-lead trial counsel for a principal defendant in the MDL arising out of the Deepwater Horizon blowout and oil spill (New Orleans Federal District Court). Obtained dismissals and favorable settlements early in the proceedings.

Representing a foreign purchaser of helicopters for use in the offshore oil and gas industry in a dispute with a major U.S. helicopter manufacturer (Connecticut Federal District Court).

Representing a major passenger railcar manufacturer in numerous disputes with purchasers, including state transportation authorities and vendors.

Represented respondents in a multimillion-dollar dispute arising from the sale of stock in a medical device supply company (AAA). Claimant withdrew arbitration demand. Costs awarded in favor of our client.

Represented winery in action commenced by a distributor for alleged improper termination (NYS Commercial Division). Successfully vacated TRO and defeated preliminary injunction motion. Plaintiff voluntarily discontinued action, paying defendant all amounts owed.

Represented victims of sexual abuse against private school for permitting former football coach to abuse students (SDNY). Defeated statute-of-limitations-based motion to dismiss using novel theory of equitable estoppel. Obtained favorable settlement.

Represented Japanese trading company in AAA arbitration in multimillion-dollar dispute involving purchase and sale of galvanized steel coils. The panel denied counterclaim and found in favor of our client.

Submitted an amicus brief on behalf of the American Bankers Association supporting affirmance of a decision involving the limited duties of indenture trustees.

Represented Petróleos de Venezuela, S.A. (PDVSA), the Venezuelan national oil company, and its subsidiary, BITOR, in a multibillion-dollar dispute over the existence of an alleged long-term fuel supply contract (SDNY). Obtained favorable settlement.

Represented Deutsche Bank Trust Company Americas, which acted as the back-up servicer in an asset-backed securitization deal. We commenced a declaratory judgment action (SDNY) and the case settled soon thereafter on very favorable terms.

Defended Bankers Trust in action commenced by a litigation trust on behalf of former noteholders seeking $1 billion in damages (SDNY). Obtained summary judgment in Bankers Trust’s favor, dismissing all claims.

Represented Bankers Trustee in action commenced by guarantor of certain defaulted notes, alleging a breach of duties that allegedly resulted in plaintiff’s losses (NYS Commercial Division). Obtained summary judgment in Bankers Trustee’s favor.

Represented a Venezuelan engineering firm in an ICC arbitration in connection with the construction of a petroleum byproducts handling facility being built in Venezuela. Obtained award in favor of client.

Represented Bombardier Transportation in connection with a successful bid protest against the Southern California Regional Rail Authority with respect to a commuter rail car procurement.

Represented Bombardier Transportation in connection with its $200 million contract claim against Amtrak regarding the construction of the Northeast Corridor High-Speed Train System (D.C. Federal District Court). Obtained favorable settlement.

Professional Highlights

Speaking Engagements

“#OMG! The Inevitable Intersection of Social Media and Litigation,” Pillsbury CLE Marathon, February 2013.
“Proven Strategies for Controlling the Cost of Review in a Defensible Manner” and “Global Electronic Discovery: Issues and Conflicts,” IQPC Conference (Toronto), July 2010.
“Controlling the Rising Costs of Electronic Discovery in the U.S.,” Japan Society Corporate Program, June 2008.

Associations

Currently serves as a member on the Board of Directors for the Legal Aid Society.

Education

J.D., Brooklyn Law School, 1989
cum laude

B.S., State University of New York, Cortland, 1981

Admissions

New York

Connecticut

Courts

U.S. District Court for the Southern District of New York

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of Illinois

U.S. District Court for the District of Connecticut

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Supreme Court

Areas of Focus

Practices

Representative Experience

Professional Highlights

Ed's Insights