Charles S. Korschun

Mr. Korschun is an experienced litigator focusing on complex commercial, financial services, and life sciences matters. He represents clients in state and federal courts and in arbitration, as well as in investigations by the Department of Justice, Securities and Exchange Commission, and other government authorities.

Financial institutions, domestic and multinational corporations, and individuals trust Mr. Korschun in disputes involving a broad range of subjects, including breach of contract, securities laws, land use, construction, mergers and acquisitions, and putative consumer class actions. He has handled proactive internal investigations and responses to government demands concerning the False Claims Act, Foreign Corrupt Practices Act, securities enforcement, and other regulatory issues. He also advises clients regarding electronic discovery and data privacy.

Representative Matters:

Financial Services

• Represented securitization issuers, underwriters, and originators in several litigations across multiple jurisdictions arising out of global financial crisis. Defended range of claims alleging violations of federal and state securities laws.
• Defended major financial services company and affiliates against claims of aiding and abetting fraud, breach of contract, and parent company liability.
• Defended global accounting firm against claims of malpractice and fraud related to certification in public filings for U.S.-listed Chinese company.
• Defended putative consumer class action alleging claims under Fair Debt Collections Practices Act.
• Advised securitization trustees concerning repurchase litigation, bankruptcy proceedings, and corporate trust issues.
• Defended securitization trustees against claims related to their role in residential mortgage-backed securities.

Life Sciences

• Defended hospital system against declaratory judgment and breach of contract claims in dispute with physicians’ groups.
• Represented major pharmaceutical company in AAA arbitration concerning dispute over licensing agreement for trials and development of pharmaceutical drug.
• Defended brand name pharmaceutical manufacturers against claims of liability for use of generic versions of product.
• Represented healthcare company and affiliates in responding to investigations by Department of Justice and state attorneys general concerning potential violations of False Claims Act and related state statutes.

Land Use and Construction

• Represents developers in litigation against New Jersey municipalities regarding enforcement of redevelopment agreements, applicable land use law, and affordable housing obligations.
• Represents owners of biomass power plants in arbitration alleging claims related to design and construction by engineering contractors.

Mergers & Acquisitions

• Defended declaratory judgment action and motion for preliminary injunction seeking to block large-scale corporate acquisition.

Government Investigations

• Defended financial services companies and affiliates in investigations by Department of Justice and Securities and Exchange Commission related to residential mortgage-backed securities.
• Represented global engineering and shipping companies in directing global investigations into potential violations of Foreign Corrupt Practices Act and local anti-corruption laws. Contributed to development of proactive anti-corruption compliance and due diligence programs. Advised clients on issues concerning data privacy in cross-border investigations.
• Represented healthcare and financial services clients in connection with defense of qui tam actions and Civil Investigative Demands based on False Claims Act.
• Represented individuals responding to investigations by Department of Justice and Securities and Exchange Commission on issues concerning fraud, insider trading, and other securities laws.
• Represents pharmaceutical distributors in investigation and enforcement litigation related to Controlled Substances Act
• Advised securitization trustees, sponsors, originators, and servicers regarding regulatory enforcement actions by state and municipal authorities.

Civil Rights and Immigration

• Successfully litigated disability rights claims under Fair Housing Act and New York Human Rights Laws concerning injuries resulting from failure to provide reasonable accommodations in housing.
• Obtained asylum for client fleeing violence over political affiliation and social group who had been detained by Immigration and Customs Enforcement.
• Obtained protected immigration status for juvenile in removal proceedings fleeing gang violence and domestic abuse in Central America.