Overview
Diana’s practice focuses on complex commercial litigation, including high-stakes disputes involving medical devices, pharmaceuticals, software, financial services, and manufacturing companies. She has substantial trial experience in both state and federal courts in New York and Delaware. She also has extensive experience before appellate courts, including the Second Circuit Court of Appeals, the New York Appellate Division, and the New York Court of Appeals. Diana also advises her clients on prelitigation matters and uses creative solutions to secure favorable outcomes that avoid costly litigation.
Diana maintains an active pro bono practice. She was recently named one of American Lawyer’s “Litigators of the Week” in recognition of a landmark pro bono settlement on behalf of a Muslim community that was discriminated against in seeking to build a mosque on Long Island.
Diana previously served as a law clerk to the Hon. Colleen McMahon of the United States District Court for the Southern District of New York.
Experience
Diana’s experience includes advising:
- A major medical device company: representing in a US$2.4bn earnout dispute concerning the acquisition of a surgical robotics company, including at a multi-week trial in Delaware Chancery Court and on appeal to the Delaware Supreme Court.
- A major medical device company: representing in a US$1.6bn contractual dispute relating to the development of advanced medical imaging technology, including at a week-long trial in New York federal court.
- A major healthcare company: representing in a multibillion-dollar state attorney general enforcement action concerning alleged violations of the state deceptive trade practices act in connection with the sale of over-the-counter medications, resulting in a complete victory for the client three weeks into the case.
- A major medical device company: representing in a US$100m earnout litigation in Delaware federal court relating to the development of software for use in orthopedic surgery.
- Financial guaranty insurers: advising in the aftermath of the 2008 financial crisis in suits against banks that sponsored residential mortgage-backed securities, including on appeal to the New York Appellate Division and the New York Court of Appeals. One such matter resulted in a US$1.8bn settlement in favor of the client midway through trial.
- A non-profit foundation: defending against civil forfeiture claims brought by the U.S. government and private suits brought under the Foreign Sovereign Immunities Act and the Terrorism Risk Insurance Act concerning over US$500m in assets, including at a five-week trial in New York federal court and on multiple appeals to the Second Circuit Court of Appeals.
- A major pharmaceutical company: representing in a US$140m arbitration concerning alleged breaches of a vaccine manufacturing agreement, resulting in a favorable settlement for the client.
- Hedge funds: representing in New York state court trust instructional proceedings concerning the proper distribution of hundreds of millions of dollars in funds to holders of residential mortgage-backed securities.
- A major media company: representing in a New York state court action concerning the alleged breach of a production services agreement relating to a reality television show.
- A large auto parts manufacturer: representing in a contractual dispute relating to electric vehicles.
Admissions