Quinn emanuel trial lawyers

Wolkoff, Harvey

Harvey J. Wolkoff

Partner

  Biography

Harvey Wolkoff is the Head of Quinn Emanuel’s Boston office.  Harvey is widely recognized as a preeminent trial lawyer and is a Fellow of the American College of Trial Lawyers.  In 2018, The Best Lawyers in America selected Harvey as a “Lawyer of the Year – Securities,” Massachusetts Lawyers Weekly named him the “Lawyer of the Year,” and Benchmark Litigation recognized him as a “National Litigation Star.”  Harvey has tried a wide variety of complex high-stakes, high-dollar disputes in state and federal courts across the country,  including consumer class actions, fraud, securities and ERISA litigation, breach of fiduciary duty, contract disputes, employment matters, RMBS litigation, data privacy matters, unfair competition, and antitrust litigation.  He has an extremely high win percentage in his jury trials.  Chambers USA has recognized Harvey as one of “America’s Leading Lawyers for Business.” 

For over 40 years, Harvey has advised clients with respect to a breadth of business disputes and investigations, and  he has extensive experience in bet-the-company litigation and class action disputes as well as post-merger and acquisition litigation.  Harvey has successfully argued many high-profile cases – on behalf of both plaintiffs and defendants – in state and federal courts and has won major appellate victories in a number of federal circuit and state courts of appeals.  Harvey has also represented clients in international arbitrations, including a recent month-long arbitration in Hong Kong that resulted in a $100 million award, which earned him Law360’s “MVP in International Arbitration” in 2017.

Prior to joining the firm, Harvey was a partner and head of the litigation department at Ropes & Gray and served as an Assistant U.S. Attorney in the U.S. District Court for the Southern District of New York from 1979 through 1982. 

Harvey is committed to pro bono work and has represented the Lawyers Committee for Civil Rights and the Anti-Defamation League of New England in several cases.

  Representative Clients

  • Markforged, Inc.
  • Boston Children’s Hospital
  • EF Education First
  • LoJack
  • Highlands Capital
  • CalAmp

  Notable Representations

  • Lead counsel in a three week jury trial representing a 3D metal printing company in a theft of trade secret/patent dispute involving complicated 3D printing technologies.
  • Lead counsel in a three week RMBS putback trial on behalf of TMI Trust Company against WMC Mortgage LLC, where TMI sought repurchase of thousands of mortgage loans, and damages of hundreds of millions of dollars.
  • Lead counsel in a month long international arbitration in Hong Kong in a matter brought against a Chinese supplier for breach of warranty. In one of the largest arbitration awards ever decided in Hong Kong or China, won a $98.5 million award on behalf of LoJack.
  • Lead counsel defending against consolidated class action lawsuits relating to cyber-attacks on certain portions of the company’s computer network. Secured dismissal in Minnesota federal court, and argued the appeal in the Eighth Circuit.
  • Lead counsel representing a large and well known hedge fund in connection with breaches of representations and warranties arising from a subprime mortgage pooled trust.
  • Lead counsel in a $30 million wrongful termination and contractual dispute brought by a former partner of the money management firm. Secured a jury verdict in an over three week trial.
  • Lead counsel in a three week International AAA arbitration involving Brazil and purported material breaches of a material supply contract resulting in an award in favor of LoJack and dismissing all of petitioner’s claims.
  • Serving as global coordinating counsel for consumer class actions arising from the recent criminal cyber-attacks on certain of a leading consumer technology company’s computer networks. Secured dismissal of the complaint.
  • Lead counsel in Polar Air Cargo antitrust trial in Eastern District of New York.
  • Lead counsel representing owners of a software company in a dispute over a stock purchase agreement, employment agreements and M.G.L. Chapter 93A.  Secured a jury verdict in a three-week trial, in addition to prevailing on all counterclaims.
  • Co-lead counsel defending State Street Bank Corporation in connection with ERISA and securities litigation arising from subprime mortgage exposure in their mortgage funds, including a trial in the S.D.N.Y.

  Education

  • Columbia University School of Law
  • (J.D., 1975)
    • Columbia Law Review:
      • Board of Editors

  • Dartmouth College
  • (B.A., summa cum laude, 1972)
    • Phi Beta Kappa

  Admissions

The State Bar of Massachusetts; The State Bar of New York; United States Court of Appeals: First Circuit. Second Circuit, Fifth Circuit, Sixth Circuit, Eighth Circuit; United States District Courts: District Court for the District of Massachusetts, District Court for the Southern District of New York, District Court for the Northern District of California, District Court for the District of New Hampshire, District Court for the District of Vermont, District Court for the Eastern District of Wisconsin, District Court for the District of Colorado

  Prior Associations

  • Ropes & Gray, LLP:
    • Partner, 1984-2017
    • Associate, 1975-1979, 1982-1984
           
  • United States District Court for the Southern District of New York:
    • Assistant U.S. Attorney, 1979-1982

  Awards

  • Fellow, American College of Trial Lawyers
  • Chambers USA: Massachusetts, Litigation: General Commercial (2019)
  • Chambers USA: America’s Leading Lawyers for Business (2008-2018)
  • The Best Lawyers in America: Boston Litigation - Securities “Lawyer of the Year” (2018)
  • The Best Lawyers in America: Commercial Litigation, Bet-the-Company Litigation, and Securities (2006-2019)
  • Massachusetts Lawyers Weekly: “Lawyer of the Year” (2018)
  • Law360: “MVP in International Arbitration” (2017)
  • Benchmark Litigation: “National Litigation Star” (2018)
  • Benchmark Litigation: “Litigation Star” (2009-2017)
  • Massachusetts Super Lawyers (2004-2018)
  • New England Super Lawyers (2012-2018)
  • Financial Times: “U.S. Innovative Lawyer” (2012)
  • Massachusetts Lawyers Weekly: “Top Defense Verdict of the Year” (2001)

 

Publications and Lectures

Publications

  • Harvey J. Wolkoff, Fiduciary Duty Update, Section 4 (MCLE 2019)
  • Harvey J. Wolkoff and Michael T. Packard, “Ch 12: Business Litigation,” MCLE Massachusetts Superior Court Civil Jury Instructions, 3rd Edition, 2nd Supplement (2018)
  • Harvey J. Wolkoff, Kait O’Connor and David Coriell, “A Common-Sense Approach To Conversion In Digital Age,” Law360 (October 2017)
  • Harvey J. Wolkoff and Robert S. Fischler, “Third-Party Practice,” Business & Commercial Litigation in Federal Courts, Fourth Edition (March 2017)
  • Harvey J. Wolkoff and Heather Sprague , “Business Litigation,”MCLE Massachusetts Superior Court Civil Practice Jury Instructions, 3rd Edition, 1st Supplement 2016 (January 2017)
  • Harvey J. Wolkoff, Gregory L. Demers, “Ch 1: Fraud and Negligent Misrepresentation,” MCLE Business Torts in Massachusetts, 2nd Edition, MCLE (2016)
  • Harvey J. Wolkoff and Stacylyn M. Dewey, “Using the Common InterestPrivilege in Transactions,” Corporate Counsel (February 2015)
  • Harvey J. Wolkoff and Heather Sprague, “Business Litigation,” MCLE Massachusetts Superior Court Civil Practice Jury Instructions (January 2015)
  • Harvey J. Wolkoff, Dan Krockmalnic and Aliki Drakodaidis, “Attorney-Client Privilege in the Wake of a Sale,” The Deal (June 2011)
  • Harvey J. Wolkoff and Holly J. Caldwell, “Venture Capitalists Exit Strategies and Risk of Litigation,” The Deal (May 2010)
  • Harvey J. Wolkoff and Lisa M. Ropple, “Ch 12: Business Litigation,” MCLE Massachusetts Superior Court Civil Jury Instructions, 2nd edition, (MCLE 2008)
  • Harvey J. Wolkoff, “Business Fraud,” Business Torts in Massachusetts (MCLE 2006)
  • Harvey J. Wolkoff, Bob Fischler and Joan Lukey, “Third Party Practice,” Business and Commercial Litigation in Federal Courts, 3rd Edition (West Group 2012)

Lectures

  • Speaker, Traps for the Unwary in 23(b)(3) Class Actions – MCLE’S 50TH Anniversary Series (April 25, 2019)
  • Speaker, "Fiduciary Duty Update", 18th Annual Business Litigation Conference (February 8, 2019)
  • Speaker, “Securities Lending and Mortgage-backed Securities,” Practicing Law Institute’s 2009 ERISA Litigation Seminar (September 30, 2009)
  • Speaker, “Avoiding Ethical Dilemmas When Interacting With Opposing Counsel and Class Members,” ACI’s Positioning the Class Action Defense for Early Success Conference (September 23, 2009)
  • Speaker, "Managing Class Action Litigation Challenges: Winning Strategies for Tackling Certification, Experts, Damages, International Class Actions and CAFA," ACI's Managing Complex Litigation Defense Counsel Master Class (February 27, 2009)  
  • Speaker, "A New Frontier in Privacy Litigation: The Advent of Private Lawsuits Over Data Security Breaches," ABA Annual Meeting Section of Litigation (August 8, 2008)
  • Speaker, "Certification, Experts, Damages, and CAFA: Winning Strategies for Complex Class Action Defense,” ACI’s Managing Complex Litigation Defense Counsel Master Class (February 29, 2008)