Noelle Marie Kowalczyk

Ms. Kowalczyk's practice focuses on complex commercial litigation. She has represented individuals and corporations in matters involving, among other things, fraud, breach of fiduciary duty, toxic torts, products liability, trust and estate issues, professional malpractice, and contractual and employment-related disputes.

Ms. Kowalczyk represented 3,500 plaintiffs in a 17-month jury trial against the Monsanto Company and its successor, Solutia. The jury trial, which was the longest in Alabama history, resulted in a liability verdict and then settled during the damages phase (along with a companion case) for $600 million. The Washington Post described the case as a "huge victory in a landmark environmental lawsuit."

Ms. Kowalczyk has also represented, among others,

• a Virginia banking corporation against claims for breach of fiduciary duty, breach of contract and fraud;
• a billion dollar multi-level marketing corporation against a claim for breach of contract;
• the former general counsel of an international manufacturing corporation in an action seeking damages for unlawful stock conversion, fraud and breach of fiduciary duty;
• a national radio conglomerate seeking damages for breach of contract, fraud and breach of fiduciary duty;
• a multi-national corporation in products liability actions commenced in several states by former employees alleging chemical exposure in the manufacturing facilities;
• an investment advisor against claims by a retail brokerage firm seeking to recover millions of dollars in embezzled funds;
• an international bank in connection with a Department of Justice grand jury investigation, leading to the termination of the investigation without indictment;
• the trade association for the American firearms industry in multi-state tort actions brought in federal and state courts;
• a bankrupty trustee for a large pharmaceutical distributor in a federal corporate raiding case;
• a multi-national corporation in a legal malpractice action against an AmLaw 100 firm;
• individuals in a constitutional challenge to an allegedly unlawful taxation scheme;
• an investor in a dispute with a prominent investment bank concerning a structured derivative product;
• a medical diagnostic facility in a lawsuit against one of the nation's largest insurance companies;
• a licensed alcohol distributor and importer in a partnership dispute;
• a public relations firm in a breach of contract and employment dispute;
• an individual in a partnership dispute concerning the ownership of proprietary trading software; and
• a major corporation in a lawsuit concerning the application and calculation of foreign exchange and interest rates payable on promissory notes issued under a complex commercial indenture.

Reported Decisions

• Kaye Scholer LLP v. CNA Holdings, Inc., 2010 U.S. Dist. LEXIS 94996 (S.D.N.Y. 2010).
• Kaye Scholer LLP v. CNA Holdings, Inc., 2010 U.S. Dist. LEXIS 43194 (S.D.N.Y. 2010).
• Corvello v. New Eng. Gas Co., 2008 U.S. Dist. LEXIS 102678 (D.R.I. 2008).
• Corvello v. New Eng. Gas Co., 2008 U.S. Dist. LEXIS 7775 (D.R.I. 2008).
• Corvello v. New Eng. Gas Co., 532 F. Supp. 2d 396 (D.R.I. 2008).
• Corvello v. New Eng. Gas Co., 247 F.R.D. 282 (D.R.I. 2008).
• Corvello v. New Eng. Gas Co., 2007 U.S. Dist. LEXIS 94862 (2007).
• DiChiara v. Ample Faith Invs., Ltd., 2006 U.S. Dist. LEXIS 85972 (S.D.N.Y. 2006).
• De Bie v. Tredegar Trust Co., 61 A.D.3d 610; 877 N.Y.S.2d 331 (1st Dep't 2009).