Eugene F. Assaf, P.C.
Overview
Gene Assaf is a senior litigation partner in the New York and Washington, D.C., offices. Gene has represented corporate clients on a variety of commercial litigation, environmental and technology disputes before judges, juries and arbitration panels across the country. Over the course of his career, he has taken to verdict—as both plaintiff and defendant—some of the largest trials involving allegations of corporate wrongdoing: representing plaintiff Huntsman in its successful fraud trial against Albermarle, representing plaintiff BASF in its successful trial against Lyondell and representing defendant Honeywell in its complete defense verdict in a case brought by Breed Technologies.
Chambers USA has described Gene as a “fantastic trial lawyer who is creative, aggressive, and able to cut through the complexities to get to a level of solving the problem.” Gene’s work has been discussed in numerous publications and media accounts, including “How Litigators from Golden Flag bet On Themselves and Client Huntsman to Land $665 Arbitration Award on Contingency”, “Top Guns, Litigation Department of the Year”, “Who Represents Corporate America” and “Winning”.
Gene also advises boards and management on risk and compliance issues. Gene is proud to have represented some of the world’s largest public companies, including BASF, Huntsman, AOL, Honeywell, BHP, Textron, Wyndham, Raytheon and Siemens. Over the course of nearly 30 years, Gene has served in a broad range of management roles at the Firm, including on Golden Flag’s Global Executive Management Committee (2010–19), as well as on the Firm’s Finance, Administrative, Diversity, Compensation and Pro Bono Committees. Gene has also served on a variety of professional and pro bono boards.
- Chambers USA 2020, “he has a fantastic strategic mind and looks at things at a very macro level. His perspective is very valuable.”
- Chambers USA 2019, "he's super smart, highly responsive and he's able to condense complex facts into straightforward stories for a jury."
- Chambers USA 2018, “fantastic, very smart and stands out for client service; very good at high-level strategy and corralling different issues.”
- Chambers USA 2017, “a fantastic litigator and a forceful advocate.”
- Chambers USA 2016, “renowned trial lawyer, clients praise his trial presentation style.”
- Chambers USA 2015, “fantastic trial lawyer who is creative, aggressive, and able to cut through the complexities to get to a level of solving the problem.”
- Chambers USA 2014, “extremely smart and responsive.”
- Chambers USA 2013, “an extraordinarily bright, analytical and responsive commercial litigator who is also articulate in explaining the law in a way that the layperson can understand.”
- Chambers USA 2012, “smart and aggressive litigator who is very accomplished.”
- Chambers USA 2011, “effective in a courtroom, and very focused on giving penetrating arguments.”
- Chambers USA 2010, “a gifted trial lawyer who clearly and compellingly presents complicated matters to juries.”
- The National Law Journal, “Winning” (June 16, 2008)
- The American Lawyer, “Litigation Department of the Year” (January 2008)
- The American Lawyer, “Top Of Docket: An Expert Maybe They Wished They Hadn’t Called” (November 2007)
- The American Lawyer, “Big Suits” (November 2007)
- The National Law Journal, “Top Jury Verdicts of 2007” (February 18, 2008)
- The National Law Journal, “Practice Makes Perfect for These Hot Litigators” (February 18, 2008)
Experience
Representative Matters
Set forth below is a listing of representative cases where Gene has served as trial counsel or has presented arguments eliminating the need for a trial.
- Trial counsel for Huntsman’s fraud claims against Albemarle and Rockwood. AAA Panel of three former federal judges awarded compensatory and punitive damages of over $600 million after 2 week trial. Huntsman Corp. v. Albemarle and Rockwood.
- Trial counsel in seven-week jury trial in New Jersey state court for plaintiff in breach of contract case. Plaintiff’s verdict for client of $170 million ($233 million with pretrial interest). BASF Corp. v. Lyondell Corp.
- Trial counsel in seven-week jury trial in state court in Florida for alleged fraud. Defense verdict for client. Breed v. Honeywell (formerly AlliedSignal).
- Trial counsel in five week trial in federal court for alleged fraud. Defense verdict for client. United States v. Hitachi. 964 F. Supp. 344; 74 F. Supp. 2d 1349; affirmed on appeal, 173 F. 3d 1319, and costs awarded to client on remand, 101 F. Supp. 2d 830.
- Lead counsel for BASF in putative class action under RICO. Williams v. BASF (D.N.J.), alleging fraud and spoliation, with lengthy evidentiary hearings in companion state cases.
- Lead counsel for Wyndham Worldwide Inc. in lawsuit brought under Section 5 of the FTC Act, where the FTC alleges that Wyndham’s data-security practices constituted “unfair” and “deceptive” trade practices. FTC v. Wyndham (D.N.J.).
- Lead counsel for SIPC in lawsuit brought by SEC seeking to force SIPC to cover $1.7 billion in losses associated with Allen Stanford fraud. After extensive arguments and briefing, judgment entered for client. SEC v. SIPC, 872 F. Supp. 2d 1 (D.D.C. 2012).
- Trial counsel in five-week jury trial in federal court for plaintiff in Lanham Act case. Case settled after jury asked for calculator. Merisant v. McNeil.
- Trial counsel in trade secrets case regarding optical networking. Case settled after evidentiary hearings. Siemens v. Qtera.
- Trial counsel in arbitration regarding development of PET technology and corporate governance issues; case settled during arbitration proceedings. Siemens v. CPS.
- Trial counsel in trio of securities arbitrations; all defense verdicts for client. Octeau v. Nationwide, Kane v. Nationwide and Bazzone v. Nationwide. Affirmed, 2005 WL 35125.
- Lead counsel for defendant in alleged monopolization case. Successfully opposed plaintiff’s motion for preliminary injunction on antitrust claims. Case dismissed with prejudice in N.D. Tx. American Telnet v. GTE. 1999 WL 362759.
- Counsel for plaintiff in Section 7 action to block proposed merger regarding aircraft landing systems; preliminary injunction obtained; affirmed by U.S. Court of Appeals for Seventh Circuit. AlliedSignal v. BF Goodrich and Coltec. 1999 WL 437578.
- Trial counsel (Court-appointed pro bono) for plaintiff for jury trial in D.D.C.; jury award of compensatory and punitive damages for client. Coles v. District of Columbia.
- Counsel for ACLU and ACLU Alabama, In re Vague et al, in M.D. Alabama (2022).
Clerk & Government Experience
Law ClerkJudge Joseph F. Weis, Jr.United States Court of Appeals for the Third Circuit
More
Recognition
Ranked in Chambers USA for Litigation: General Commercial, 2023
Recognized as “Litigator of the Week” by The American Lawyer Litigation Daily, 2021
Memberships & Affiliations
Liability Reform Advisory Committee of the U.S. Chamber of Commerce’s National Chamber Litigation Center (NCLC).
Credentials
Admissions & Qualifications
- 1990Pennsylvania
- 1996District of Columbia
- 2012New York
Education
- Notre Dame Law SchoolJ.D.1989
- University of EssexM.A.1987Rotary International Fellowship
- Dickinson CollegeB.A.1984