Martin I. Twersky

Biography

Martin I. Twersky is Of Counsel in the Antitrust Department. He has considerable experience in litigation involving a wide range of industries including oil and gas, banking, airline, waste hauling, agricultural chemicals, and other regulated industries. For more than 40 years, Mr. Twersky has successfully represented numerous plaintiffs and defendants in both individual and class actions pending in state and federal courts.

Mr. Twersky has played a leading role in the following class action cases among others: In re Containerboard Antitrust Litigation (N.D. Ill.) (where settlements of more than $350 million were obtained for the class; see 306 F.R.D. 585 (N.D. Ill., 2015) (certifying class)); In re Linerboard Antitrust Litigation (E.D. Pa.) (as a member of the Executive Committee, he helped obtain settlements of more than $200 million and he received specific praise from the court for co-managing the major discovery effort; see 2004 WL 1221350 at *10); In re Graphite Antitrust Litigation (E.D. Pa.) (settlements of more than $120 million); In re Catfish Antitrust Litigation (N.D. Miss.) (as a member of the trial team he helped obtained settlements of more than $27 million); In re Revco Securities Litigation (N.D. Ohio) (“Junk Bond” class action where settlements of $36 million were reached and where he received judicial praise from Senior District Court Judge William K. Thomas for the “specialized, highly competent and effective quality of the legal services.” See 1993 CCH Fed Sec. L. Rep. at Para. 97,809); Bogosian v. Gulf Oil (E.D. Pa.) (landmark litigation with settlements and injunctive relief on behalf of a nationwide class of gasoline dealers). In Bogosian, District Judge Donald Van Artsdalen praised class counsel as follows: “Despite the extreme uncertainties of trial, plaintiffs’ counsel were able to negotiate a cash settlement of a not insubstantial sum, and in addition, by way of equitable relief, substantial concessions by the defendants…”; see 621 f. supp 27, 31 (E.D. Pa. 1985); and Lease Oil Antitrust (S.D. Tex.), where in a significant class action decision, the Fifth Circuit affirmed the granting of an injunction prohibiting settlements in related state court actions (see 200 F.3d 317 (5th Cir. 2000), cert. denied, 530 U.S. 1263). Mr. Twersky was appointed one of the co-lead counsel in In re Abrasive Grains Antitrust Litig. (95-cv-7574) (W.D.N.Y.).

Mr. Twersky has also played a key role in various non-class action cases, such as Kutner Buick v. America Motors, 848 F.2d 614 (3rd Circuit 1989) (breach of contract) (cited in the Advisory Committee Notes to the 1991 Amendment to Rule 50, Fed. R. Civ. P.), Florham Park v. Chevron (D.N.J. 1988) (Petroleum Marketing Act case), and Frigitemp v. IDT Corp., 638 F. Supp. 916 (S.D. N.Y. 1986) and 76 B.R. 275, 1987 LEXIS 6547 (S.D. N.Y. 1987) (RICO case brought by the Trustee of Frigitemp Corp. against General Dynamics and others involving extortion of kickbacks from Frigitemp officers). Mr. Twersky also served prominently in savings-and-loan-related securities and fraud litigation in federal and state courts in Florida, where the Firm represented the Resolution Trust Corporation and officers of a failed bank in complex litigation involving securities, RICO and breach of fiduciary duty claims. E.g., Royal Palm v. Rapaport, Civ. No. 88-8510 (S.D. Fla.) and Rapaport v. Burgoon, CL-89-3748 (Palm Beach County).