About Sean Eskovitz
Over his twenty-five-year career as a trial lawyer, Sean Eskovitz has successfully tried dozens of complex, high-stakes, and high-profile civil and criminal cases to judges, juries, and arbitrators across the country.
A former Assistant United States Attorney for the Southern District of New York, Mr. Eskovitz’s private practice has spanned numerous industries including technology, entertainment, renewable energy, retail, insurance, pharmaceuticals, gaming, real estate, and finance. He has represented Fortune 500 companies such as Morgan Stanley, Bayer, Altria, and American Express, as well as prominent individuals such as recording artists Cher and Dr. Dre, fashion designer Joseph Abboud, and music producer Jimmy Iovine.
Mr. Eskovitz has also successfully litigated multi-billion-dollar cases on behalf of plaintiffs.
Representative Matters
Bayer
Defended Bayer in $600-million multi-state consumer class action over One A Day Vitamins. After Eskovitz’s cross-examination of plaintiffs’ class representative and nutrition expert (featured in ALM Media’s “Killer Crosses”), Bayer rested without calling a single witness. The jury deliberated for just over an hour before returning a complete defense verdict.
Philip Morris USA
Defended Philip Morris in three-month California consumer class action trial concerning “light” cigarettes. Plaintiffs’ expert computed damages in excess of $543 million. After Eskovitz’s cross-examination, the court rejected the expert’s model in its entirety and found that plaintiffs were not entitled to any compensation. The verdict, upheld on appeal, was recognized by The Daily Journal as a “Top Verdict.”
NCAA
Trial counsel in federal bench trial concerning antitrust challenge to NCAA rules limiting the level of athletics-based financial aid and benefits student-athletes may receive. The Court’s opinion reaffirmed the procompetitive value of the NCAA’s rules limiting pay for student-athletes while enjoining certain benefit limitations.
American Express
Successful representation of American Express in prosecution of its antitrust suit against Visa, MasterCard, and their member banks. Settlement of Amex’s claims totaled more than $4 billion.
Rambus
Trial counsel for Rambus in litigation against major semiconductor manufacturers, including a plaintiff joint boycott case and a federal defense against antitrust and fraud claims. After years of litigation, including two trials that lasted over eight months in total, Eskovitz’s client obtained settlements in excess of $1 billion.
Lloyd’s of London
Defense victory in federal jury trial over insurance coverage claims arising out of the destruction of the World Trade Center on September 11. Plaintiff recovered nothing.
Recent Engagements
Lead counsel in consumer fraud litigation against the two largest smoke alarm manufacturers in the United States.
Representation of Johnson Controls and Atkinson Construction in multi-million-dollar insurance disputes.
Lead counsel for Apothio LLC in litigation concerning the destruction of hemp crops valued at $1 billion.
Litigation counseling for Karlin Real Estate in multi-state litigation involving hundreds of millions in loan guarantees, resulting in a $400 million judgment.
Confidential settlements in sex abuse, medical malpractice, and employment-related claims against large hospitals and companies.
Representation of private equity firm VMG Partners in litigation involving Goli dietary supplements.
Representation of ACON Investments in federal securities litigation concerning Funko.
Professional Experience, Public Service & Education
Mr. Eskovitz was previously a founding and name partner at Wilkinson Walsh + Eskovitz, and before that a litigation partner at Munger, Tolles & Olson in Los Angeles and Boies Schiller & Flexner in New York.
From 1999–2003, he served as an Assistant United States Attorney (SDNY), prosecuting cases involving racketeering, financial fraud, tax fraud, money laundering, and violent crimes. His work earned him multiple Justice Department Director’s Awards and other national honors.
In public service, he was appointed by the Governor to serve as Vice Chair of the California Fair Political Practices Commission (2011–2015), has served on the Board of Directors of the Legal Aid Foundation of Los Angeles, and has taught trial advocacy at USC Gould School of Law and the National Institute for Trial Advocacy.
Mr. Eskovitz graduated magna cum laude from the University of Pennsylvania (1992) and was Order of the Coif at the New York University School of Law (1995), where he was also a finalist in the Orison S. Marden Moot Court Competition and received the New York Bar Foundation’s Legal Ethics award. During the 1995-96 term, Mr. Eskovitz served as a law clerk to the Honorable Paul V. Niemeyer on the U.S. Court of Appeals for the Fourth Circuit.