Judith A. Archer

Co-Partner-in-Charge, New York
Norton Rose Fulbright US LLP

New York
United States
T:+1 212 318 3342
New York
United States
T:+1 212 318 3342
Judith A. Archer

Judith A. Archer

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Biography

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, cyber-related consumer and business claims, aviation, class actions, employment, telecommunications, financial institutions, real estate, and banktuptcy.


Professional experience

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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, Cyber, Aviation and Employment Litigation:

Judi has acted as lead counsel in complex business disputes for clients in industries as varied as technology, aviation, telecommunications, financial services and real estate. 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, fiduciary duty, tortious interference and unfair trade practices. 

Judi represents clients in data breach and privacy matters across a number of industries, including financial services, healthcare and technology. She has handled numerous B2B disputes resulting from cyber incidents.  Judi also handles customer/consumer/employee privacy class actions involving claims arising from cyberincidents, including negligence, implied contract, unjust enrichment and invasion of privacy.  She has obtained dismissal of several such actions on standing grounds.  She works closely with our cyber breach response team to advise on customer contract requirements, litigation and regulatory risk and strategy, and insurance issues. 

Judi represents numerous aviation clients in litigation and arbitration, including in connection with lease defaults, breach of guaranties, engine and aircraft mainenance and delivery disputes, and noncompliance with return conditions. She has obtained significant judgments in matters involving engine lease defaults and breaches of guaranty.   She also routinely advises airline, lessor and lessee clients on issues involving engine warranties, maintenance obligations and maintenance reserves.

Judi also has represented clients in employment disputes and investigations involving claims under Title VII, ADEA and ADA, as well as state employment law. She has handled a number of matters involving breach of restrictive covenants including non-compete agreements.  Judi has also defended clients in connection with whistleblower claims and accessibility challenges. Judi also advises clients on non-competes, termination and severance agreements. 

She has represented  a number of real estate clients in disputes including over commercial lease agreements, real estate purchase agreements and mezzanine loan agreements for real estate projects.

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 against a large media company under the Telephone Consumer Protection Act, successfully obtaining dismissal of class actions in two U.S. District courts and affirmance by two United States Courts of Appeals. 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 first-chaired an LCIA arbitration involving a large contract and trade secret dispute between competitors involving digital identity technology. 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 for a major telecommunications company in a wide range of telecom disputes and investigations, including an arbitration with a competitor over an intercarrier agreement, resulting in unanimous decision in client's favor; U.S. District and Bankruptcy court proceedings against a competitor over improper routing of traffic to foreign countries, 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.

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.

Financial Services and M&A 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 Madoff feeder fund involved in state and federal court litigation, bankruptcy proceedings and arbitrations, and recovering significant sums for investors. 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.

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. 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 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.


Entertainment and 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.

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.

  • Lawdragon 500 Leading Litigators in America, Lawdragon, 2024
  • Notable Diverse Leaders in Law, Crain's New York Business, Crain Communications Inc., 2022
  • Notable Women in Law, Crain's New York Business, Crain Communications Inc., 2022
  • 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 – 2021
  • Best Lawyers - Commercial Litigation, Best Lawyers, 2022 – 2023
  • New York Metro Super Lawyer, Business Litigation, Thomson Reuters, 2007 – 2023
  • 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
  • "Hard Decisions, Helpful Solutions: Strategic Decision Making for Mediators, Litigators, and Parties," ABA Advanced Mediation and Advocacy Skills Institute, Speaker, October 18, 2023
  • "Consumer Markets Series: Consumer Class Actions," Speaker, Web Seminar, September 14, 2023
  • " 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
  • 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