William A. Escobar
  Partner, New York
   
     
  Practice Areas:
Litigation
Financial Institutions
Products Liability
Antitrust / Trade Regulation
Intellectual Property & Technology
 
     
 
  News  
  Publications  
  Speaking Engagements  
  Client Advisories  
Phone: (212) 808-7771 Fax: (212) 808-7897
Email: wescobar@kelleydrye.com
vCard: 
 
Mr. Escobar is a Partner in the Firm’s New York office and is Co-Chair of the Litigation Practice Group. For more than twenty years, Mr. Escobar has been trial and appellate counsel for disputes in federal and state courts as well as administrative agencies. He has extensive experience in trial, arbitration and mediation of complex high stakes litigation including cases involving fraud, antitrust, RICO, lender liability, reinsurance, patent, computer technology, and complex contractual matters.
 
Representative Experience:
National trial counsel for Mylan Pharmaceuticals in pending suits brought by state and federal governments claiming that pharmaceutical companies have defrauded them in connection with Medicaid and Medicare reimbursements.

Trial counsel for JPMorgan Chase in billion dollar lawsuit against eleven insurance companies relating to surety bonds on commodities transactions with Enron. Managed a team that took dozens of depositions and prepared the case on a very accelerated schedule. At trial, responsible for examining the insurance company witnesses both on direct and cross-examination. A favorable settlement for our client was reached as the jury was deliberating after one month trial.

Trial counsel for Greenwich Insurance Company and XL Reinsurance in connection with disputes relating to surety bonds. Successful settlement after discovery.

Arbitration counsel for Tata Infotech, a leading India high tech company in a multimillion dollar arbitration in New York relating to the formation of call centers. The arbitrator, former Federal Judge Harold Tyler, dismissed all the claims against Tata and found for Tata on its counterclaims after a one week arbitration hearing.

Trial counsel for computer software firm in a litigation in New York Supreme Court involving claims of fraud, breach of fiduciary duty and breach of contract with respect to the ownership of a developer of an internet staff scheduling product. Case successfully settled early in discovery.

Trial counsel for a Korean financial institution in a litigation in the United States District Court for the Southern District of New York involving breach of contract, fraud claims and securities claims with respect to losses sustained in connection with complex transactions in derivatives. Case successfully settled after close of discovery.

Trial counsel for owner of a patent in a patent infringement case in the United States District Court for the District of Delaware. Case successfully settled during discovery.

Trial counsel representing majority owner of a fiber optic project in a multiparty litigation in the Superior Court of Alaska involving contract and fraud issues. Led team that obtained a preliminary injunction, prosecuted a contempt of court matter and led presentation at a mediation that settled the case.

Trial counsel for a manufacturer of computer software in the trial of a breach of license agreement in the United States District Court for the District of Illinois. Case settled at the conclusion of testimony.

Trial counsel for developers of cogeneration projects in litigation arising from a federally mandated power purchase agreement including: an antitrust case in U.S. District Court for the Western District of New York; a breach of contract proceeding in U.S. Bankruptcy Court for the District of New Jersey; and related administrative proceedings before the New York Public Service Commission and the Federal Energy Regulatory Commission.

Trial counsel for defendant Spanish machine manufacturer and its U.S. service company in trial of product liability claims in N.Y. Supreme Court - Kings County. Jury verdict in favor of machine manufacturer and summary judgment at trial dismissing claims against service company.

Trial counsel for an Indian bank in connection with lender liability claims brought by a borrower in U.S. District Court for the Southern District of New York. Obtained summary judgment for bank on all claims.

Trial counsel for European bank in case against accountant that negligently prepared financial statement on which bank relied. Obtained favorable settlement prior to trial.

Trial counsel for defendant Spanish machine manufacturer and its U.S. service company in a jury trial of product liability claims in N.Y. Supreme Court - Queens County. During trial, court granted summary judgment dismissing claims against service company and plaintiff dismissed claims against machine manufacturer.

Trial counsel for defendant executor of estate in bench trial of dispute between heirs and executors. Settled at the end of testimony.

Trial counsel for plaintiff estate of deceased shareholder of law firm in jury trial to recover share of law firm in N.Y. Supreme Court - Nassau County. Settled at end of plaintiff's case.

Trial counsel for a Swedish investment banking firm in an action in U.S. District Court for the Southern District of New York involving a breach of contract claim. Case successfully settled at close of discovery.

Trial counsel for plaintiff pension fund in an action in U.S. District Court for the District of Colorado involving a breach of contract claim. Case successfully settled shortly before trial.

Member of trial team representing a manufacturer of computer software in an antitrust case in the U.S. District Court for the District of Massachusetts.

Investigated and prepared for trial a multiparty RICO fraud case in U.S. District Court for the Districts of Arizona and Utah involving complex leasing and banking transactions. Extensive involvement in: the internal investigation of client; pretrial discovery and preparation for trial against numerous defendants; briefing and argument of extensive summary judgment motions and appeal to the U.S. Court of Appeals for the Tenth Circuit; preparation of fidelity insurance claims; the investigation of the fraud by FBI and U.S. Attorney; and the criminal trial of several conspirators. Settled prior to trial.

Trial counsel for a truck-leasing company in a case in U.S. District Court for the Eastern District of New York. Obtained stay of RICO and antitrust claims pending arbitration of claims against co-defendant.

Prepared for trial two complex cases on behalf of a plaintiff insurer against reinsurance companies.

Conducted internal investigation of fraudulent transactions in bank in London, England; prepared fidelity insurance claim and worked with British solicitors and barristers on British legal proceedings.

Conducted internal investigation of fraudulent transactions in Mexican bank including representation of client in connection with FBI investigation.

Prepared a large antitrust case for trial that was brought by manufacturers of telephone switching shipment against AT&T and local telephone companies.
 
Professional Activities:
Inter-American Bar Association
American Bar Association
Association of the Bar of the City of New York
Director, Volunteer of Legal Services
Mediator, U.S. District Court Southern District of New York
 
Publications:
"Exploring Opportunities for Removal," The New York Law Journal, April 2, 2007, with Neil Merkl
 
Speaking Engagements:
Lessons Learned: How to Prevent, Prepare for and Win Crisis Litigation, Kelley Drye & Warren LLP Three-Part CLE Seminar Series, June, July and September 2003
 
Bar Admission:
New York, 1982
 
Education:
Columbia University, JD, Harlan Fiske Stone Scholar, 1981
Columbia University, BA, 1977
 
Language Capability:
Spanish
 
Office Location:
101 Park Avenue
New York, NY 10178-0002