Judith A. Archer
Norton Rose Fulbright US LLP
Judith A. ArchervCard
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A litigation partner in the New York office, Judi Archer has a diverse amount of experience, handling a wide variety of cases in state and federal courts across the United States at the trial and appellate level, as well as arbitrations and regulatory proceedings. She brings a unique perspective from the business world, joining after years as senior in-house counsel at AT&T with an understanding of the challenges clients face and how to effectively help them overcome those challenges to achieve their business goals.
Judi concentrates her practice on complex commercial matters, representing clients in disputes involving breach of contract, financial services, telecommunications, consumer claims, real estate, employment, intellectual property, bankruptcy and transportation.
JD, Fordham University School of Law, 1988
BA, cum laude, English, Fordham University, 1985
While in law school, Judi was a commentary editor for the Fordham Law Review. Judi is admitted to practice in New York and Connecticut and before the Court of Appeals for the Second Circuit, the United States District Courts for the Southern, Eastern and Western Districts of New York and various other federal courts.
- Connecticut State Bar
- New York State Bar
Business and Employment Litigation:
Judi has acted as lead counsel in complex business disputes for clients in industries as varied as telecommunications, financial services, real estate, aviation and mining. These matters include numerous commercial contract actions, joint venture and partnership disputes, disputes with independent sales agents, customers and vendors, and consumer class actions, and include claims of breach of contract, breach of fiduciary duty, tortious interference and unfair trade practices.
Judi also has represented clients in employment disputes and investigations involving claims under Title VII, ADEA and ADA, as well as state law, and whistleblower claims. She has been lead outside and in-house counsel on a number of litigation matters arising out of corporate transactions including mergers, asset purchases and financings (including in the aviation industry). For example, she was lead outside counsel for a subsidiary of a large European bank seeking to enforce a merger agreement with a U.S. company, including injunction proceedings and favorable settlement. Judi also acted as lead counsel for a US investment bank which invested in a number of overseas electricity projects in an international arbitration dispute with other investors over breach of representation and contract obligations.
Judi has represented parties in disputes over real estate agreements, including commercial lease agreements, real estate purchase agreements and mezzanine loan agreements for real estate projects.
Financial Services Litigation:
Judi has worked on a number of securities-related litigations and other cases involving the financial services industry. She is lead counsel for the court-appointed receiver of a large hedge fund involved in state and federal court litigation, bankruptcy proceedings and arbitrations. Judi also acted as lead counsel for a bank in its role as indenture trustee in an interpleader action, including counterclaims and third party claims involving disputes between bondholders/liquidity providers and others, which resulted in very favorable resolution on the eve of trial. She represented a private equity firm in litigation in two federal District Courts involving investment in real estate projects in the United States and Canada. She represented and advised a large European bank on litigation-related issues arising from its role as a liquidity provider to certain special purpose vehicles in a conduit structure involving subprime obligations.
She was lead in-house counsel responsible for a group of shareholder and ERISA class actions, including a large shareholder class action arising out of a company's revenue projections and another involving an IPO, the first of which resulted in favorable settlement after several weeks of trial in US District Court.
Judi also defended a large investment banking firm in a complex group of class action cases brought by limited partners and bondholders in real estate limited partnerships. She represented a major brokerage house in a case involving claims for commissions on thousands of municipal bond transactions, which settled on the eve of trial. She defended a major accounting firm in various disputes, including a tax malpractice action that resulted in a successful trial verdict after a four-week bench trial.
Technology,Telecommunications, Consumer Litigation:
Judi has worked on numerous and varied telecommunications cases. She recently obtained summary judgment for a major telecommunications company in an adversary proceeding in bankruptcy court involving ownership of network assets. Judi was lead counsel in a large FTC enforcement action involving telemarketing practices, defeating an application for TRO by the FTC and obtaining a favorable resolution for her clients. Judi has acted as lead counsel in class actions under the Telephone Consumer Protection Act, including successfully obtaining dismissal of class actions in two U.S. District courts (affirmed by two United States Courts of Appeals) against a large media company. She was lead counsel in a dispute between a long distance carrier with foreign telecommunications carriers over international telecommunications traffic, as well as cases involving claims of breach of contract by agents of telecommunications services.
Judi acted as first-chair in a large contract and trade secret dispute between competitors involving digital identity technology, which was tried to a three arbitrator panel of the LCIA. She represented a Latin American distributor of information systems in a fraud and contract matter tried to an ICDR arbitrator over a two week hearing, in which her client was the prevailing party.
Judi was lead in-house counsel responsible for a large number of telecommunications matters. These include the representation of a major telecommunications company in an arbitration with a competitor over attempted amendment of carrier agreement, resulting in unanimous decision in client's favor after an arbitration hearing; a large dispute with a competitor over improper routing of traffic to foreign countries, including proceedings in U.S. District and Bankruptcy courts, resulting in favorable settlement; litigation and regulatory proceedings across the country over telephone access charges; and various litigations involving pay phone compensation charges, including a successful D.C. Circuit appeal. She also oversaw investigations in connection with litigation matters.
Judi also represented a leading cable company in, among other matters, a series of lawsuits and disputes across the United States involving illegal pirating of cable boxes, with proceedings in various U.S. District Courts, Courts of Appeal and U.S. Bankruptcy Court.
Intellectual Property Litigation:
Judi has represented clients in various industries on intellectual property matters, including in the areas of trade secret, idea theft, copyright and trademark. Judi acted as lead counsel in successfully obtaining injunctive relief on behalf of a technology company to prevent use by a patent licensor of confidential information, and for a major record label in a copyright case against a hip hop artist and distributors of infringing work, including judgment and substantial award of damages and attorney's fees against the artist. She has also represented record companies in copyright and interpleader actions. Judi has represented clients in several cases involving theft of ideas.
Judi also acted as lead in-house counsel in the defense of a telecommunications company in a trademark action brought by a leading internet service provider over use of several marks in connection with internet service, resulting in summary judgment in U.S. District Court, affirmance in large part by the Court of Appeals and favorable settlement. She also achieved a 100 cents on the dollar settlement for a foreign film company in a dispute involving Spanish and Italian film distribution rights Finally, Judi represented a leading television network, production company and individual defendants in a copyright infringement action over a late night comedy show, which resulted in summary judgment on all counts.
Entertainment Industry Litigation:
Judi has represented film, television and music industry clients on a variety of matters, including litigation and contract issues. She represented the producer of a late-night television program on matters including existing or potential litigation, contract issues and content. She has advised celebrities on a wide range of issues, including the victim of an extortion attempt. She has also represented a wide range of talent in connection with contract issues and disputes, issues over syndication and license fees and disputes with agents and employees. One such matter involved a very favorable settlement Judi obtained on behalf of writers/creators of a television series in an action against a studio over defendants' syndication practices, plaintiffs' net profits participation and other accounting practices. On the film side, Judi represented an independent film company in a breach of contract suit against a distributor for failure to distribute a foreign film in the United States, and an international film company in a contract dispute over foreign film rights acquired in connection with takeover of major U.S. film studio, resulting in a very favorable settlement.
- Leading Woman Lawyer in New York City, Crain's New York Business, 2018
- Client Service All-Star, BTI Consulting Group, 2018
- Chambers USA, ranked among the top attorneys in New York: Commercial Litigation, Chambers & Partners, 2006 - 2013
- Legal 500 US Recommended Lawyer, General Commercial Disputes, The Legal 500, 2019
- The Best Lawyers in America, Best Lawyers, 2012 - 2020
- New York Metro Super Lawyer, Business Litigation, Thomson Reuters, 2007 - 2019
- 2017 Woman of Influence, New York Business Journal, 2017
- Top 50 Women Lawyers in New York, Thomson Reuters, 2009 - 2010
- Lawdragon 500 New Stars, New World, recognized as one of 500 up-and-coming lawyers in America based on peer and client interviews and recommendations, Lawdragon 500 Guide, 2006
- Thurgood Marshall Award, Association of the Bar of the City of New York, 1998
- Co-author, "INSIGHT: Using E-Signatures and Remote Notarization—What You Should Know," Bloomberg Law, May 11, 2020
- Co-author, "Commercial division update: The mere continuation approach to successor liability," New York Law Journal, April 16, 2020
- Co-author, "Commercial division update: The slow expansion of conversion claims to cover intangible property," New York Law Journal, February 20, 2020
- Co-author, "Commercial division update: The Adverse Interest Exception to the In Pari Delicto Defense," New York Law Journal, December 19, 2019
- Co-author, "Commercial division update: The High Standard for Mandatory Preliminary Injunctions," New York Law Journal, October 17, 2019
- Co-author, "Commercial division update: Stays of state court securities actions: A changing tide?" New York Law Journal, August 15, 2019
- Co-author, "Commercial division update: Personal jurisdiction based on electronic and telephonic communication," New York Law Journal, June 20, 2019
- Co-author, "Commercial division update: Pleading and proving unjust enrichment claims," New York Law Journal, April 18, 2019
- Co-author, "Commercial division update -- Binding nonsignatories to arbitration agreements," New York Law Journal, February 15, 2019
- Co-author, "Commercial Division Update - Use and Abuse of Confidentiality Orders," New York Law Journal, December 20, 2018
- Co-author, "Commercial Division Update -- Judicial Dissolution of New York Limited Liability Companies," New York Law Journal, October 16, 2018
- Co-author, "Rule 3211(a)(1) Documentary Evidence in an Electronic Age," New York Law Journal, August 15, 2018
- Co-author, "New York Courts: A Continued Tradition of Important Commercial Decisions," New York Law Journal, August 10, 2015
- Co-author, "How to Interpret the FTC's Vague Data Security Standards," Today's General Counsel, April/May 2015
- Co-author, "Supreme Court Limits Liability Under the Torture Victim Protection Act to Natural Persons," Fulbright Briefing, April 19, 2012
- Co-author, "Supreme Court Finds Federal Question Jurisdiction Over TCPA Claims," Fulbright Briefing, January 23, 2012
- Co-author, "Ninth Circuit Weighs in on Corporate Liability and Exhaustion Under the Alien Tort Statute," Fulbright Briefing, October 28, 2011
- Co-author, "D.C. and Seventh Circuits Decide the Issue of Corporate Liability Under the Alien Tort Statute," Fulbright Briefing, July 13, 2011
- Co-Author, "The Boundaries of Arbitral Power – A Doctrine Revisited," NY Dispute Resolution Lawyer (NYSBA), Spring 2011
- Quoted in, "No Rehearing in Rejection of Alien Tort Statute Claims," InsideCounsel Magazine, April 2011
- Co-author, "Second Circuit Leaves Intact Ruling Limiting Jurisdiction of Alien Tort Statute Over Corporations," Fulbright Briefing, February 16, 2011
- "The Growth of Litigation: A Global Trend," The Corporate Counselor, Vol. 21, No. 8 (January 2007)
- "Prior Consistent Statements: Temporal Admissibility Standard under Federal Rule of Evidence 801(d)(1)(B)," 55 Fordham L. Rev. 759, 1987
- " Understanding stay-at-home, shelter in place, and other state and local business restrictions," Speaker, Web Seminar, March 24, 2020
- "Top ten things you need to know about New York contract law - webinar," Speaker, Web Seminar, July 19, 2018
- "The Power of the Purse: How Women General Counsel Supporting Women Outside Counsel Makes Good Business Sense," NYC Bar Association, Moderator, June 6, 2016
- Internal Aspects of Hedge Fund and Capital Markets Litigation, NYSBA, Panelist, New York, NY, May 11, 2016
- "Managing the Arbitration Hearing and Evidence," Co-Presenter, ABA Webinar, October 13, 2015
- "Knowing the Business: Understanding the Levers that Drive your Firm's Profitability," Moderator, NYC Bar Association, New York, NY, September 30, 2015
- "Women in Leadership," Panelist, New York Law School, New York, NY, March 18, 2013
- "Playing the Long Game: Positioning Yourself for Career Success," Panelist, Women in Law Empowerment Forum Program, New York, NY, June 5, 2012
- "American Patent Litigation," Speaker, Fulbright Seminar, New York, NY, September 30, 2010
- "Effective Mediation," Speaker, Jersey City, NJ, September 27, 2010
- "Effective Mediation: Preparation and Participation for Success," Moderator, Fulbright Seminar, New York, NY, March 9, 2010
- "International Arbitration: An Overview," Guest Lecturer, Seton Hall Law School, November 5, 2008
- "Fifth Annual Litigation Trends Survey Findings," Speaker, Fulbright & Jaworski Executive Women's Leadership Forum, Laguna Niguel, CA, September 13, 2008
- "Fourth Annual Litigation Trends Survey Findings," Moderator, 21 Club, New York, NY, November 6, 2007 "A Critical Comparison of Arbitration Under UNCITRAL, ICC, LCIA, ICDR and ICSID Rules," Speaker, New York, NY, June 13, 2007
- "Congressional Investigations: Are You Ready?," Moderator, Fulbright Seminar, New York, NY, January 10, 2007
- "Findings of the Fulbright & Jaworski 2006 Litigation Trends Survey," Speaker, New York, NY, October 12, 2006
- Counsel to Counsel, "Effective In-House Counseling in an Era of Eroding Privilege," Panelist, London, England, May 4, 2006
- Federal Bar Council
- Committee on the Second Circuit
- Association of the Bar of the City of New York
- Chair, Women in the Profession Committee
- American Bar Association
- Litigation Section
- Forum Committee on Sports and Entertainment Industries
- Legal Momentum, Board of Legal Advisors (2012)
- New York Women's Foundation, Grants Advisory Committee (2010 - 2011)
- MFY Legal Services, Inc.
- Board of Directors, former member
- Fundraising Committee, former Chair
US: COVID-19: Force majeure, material adverse change clauses and related contract defenses under NY law
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