Theodore M. Grossman (Ted)

Of Counsel

New York + 1.212.326.3480

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Ted Grossman has an unbroken, decades-long record of victories in seminal, bet-the-company litigation. Regularly called upon to lead the strategy, trials, and appeals in the matters of greatest importance to clients, Ted has led the defense in many of the largest class actions in U.S. history, handled leading regulatory and commercial disputes over a wide range of issues, and, for mass torts, has been called the "top product liability lawyer in the United States" by Japan's Nikkei newspapers.

For corporate plaintiffs, Ted has obtained hundreds of millions in judgments and settlements; for corporate defendants, Ted has successfully defended against collective trillions of dollars in claims. Among his representations: Macy's, in a media-frenzied trial against Martha Stewart Living Omnimedia and J.C. Penny in which the CEOs of all the companies were star witnesses; Volkswagen, in "Dieselgate"; the tobacco industry, in the $800 billion "Lights" RICO class action; Daikin, in the wide-ranging PFAS (perfluoroalkyl and polyfluoroalkyl substances) litigation; and the Port Authority of New York and New Jersey in "Bridgegate." Other clients have run the gamut from financial institutions to corporate boards to manufacturers of pharmaceuticals, biologics, medical devices, and consumer goods of many kinds.

Ted is a Fellow of the American College of Trial Lawyers, American Bar Foundation, and American Law Institute and is an adjunct professor of law at Cornell. He has been the subject of full-page profiles in the National Law Review (dubbing him the "stopper"), Law360 (a "cross-examination machine"), and Crain's ("King of the Court"). He has appeared on the CBS Evening News, ABC World News, and many other media.

Experience

  • Macy's prevails at trial against J.C. Penney for tortiously interfering with Macy's contract with Martha Stewart Living OmnimediaOn June 16, 2014, the Supreme Court of the State of New York granted Jones Day client Macy's, Inc. a complete victory, after trial, against J.C. Penney Corporation, Inc. for tortious interference with a license agreement between a Macy’s affiliate and Martha Stewart Living Omnimedia, Inc. ("MSLO"). Trial, which garnered day-to-day coverage in the national media, has ended. Pending a final injunction, the trial court has entered a preliminary injunction banning the sale of Martha Stewart bed, bath, and kitchen goods at J.C. Penney.
  • Bayer prevails in challenge to design, results, and implementation of clinical trialsJones Day represented Bayer HealthCare LLC in obtaining a complete victory in a challenge to Bayer's decision to discontinue further development of a recombinant hemophilia product. The decision followed two months of testimony from several of the world's leading experts in the field.
  • FirstMerit Bank obtains reversal of class certification and ultimate dismissal in Ponzi scheme caseJones Day represented FirstMerit Bank, N.A. in a lawsuit arising out of the collapse of large Ponzi scheme allegedly orchestrated by Joanne Schneider, a well-known Cleveland-area businesswoman involved in various real estate and retail enterprises.
  • Zimmer obtains dismissal of putative class action alleging fraud for kick-backs to doctors on orthopedic knee and hip implantsJones Day represented Zimmer, Inc., a manufacturer of orthopedic knee and hip implants, in a putative class action alleging a fraudulent price inflation scheme.
  • Tobacco industry wins 2nd Circuit reversal of certification and ultimate dismissal of 50 million member $800 billion RICO fraud class actionJones Day represented R.J. Reynolds Tobacco Company and Brown & Williamson Holdings, Inc. as lead counsel in a nationwide class action seeking reimbursement for allegedly misleading consumers by labeling cigarettes as "light."
    • View All

    April 2023 Alert

    New York Proposes Exemption From Bar to Contribution Claims for PFAS Cleanup

    January 2021 Commentary

    Regulators in the United States and Europe Move to Restrict PFAS in Products and Wastes

    May 2017 Commentary

    Eyes on the Road Ahead: Product Liability Outlook for Autonomous Vehicles

    June 2012 External Publications

    King of the Court, Crain's Cleveland Business

    Additional Speaking Engagements

    • Fall 2017
      Guest Lecturer - Class Actions and Commercial Litigation, Columbia Law School
    • March 23, 2017
      Financial Services Regulation in the Trump Administration
    • Fall 2014
      Guest Lecturer - Commercial Litigation, Fordham Law School
    • December 2010
      Crisis Management: Essential Considerations Before Disaster Strikes
    • December 2009
      Defending Executive Depositions
    • June 21, 2004
      Winning! - Successful Strategies from the Nation’s Top Litigators, National Law Journal Forum
    • 2003 and 2004
      Guest Lecturer - Product Liability, Case Western Reserve University School of Law
    • 2002
      ABA Litigation Meeting - Lecturer on Cross-Examination and Deposition Techniques
    • 1984
      Guest Lecturer - Secondary and Tertiary Embargoes and Foreign Sovereign Immunity, Georgetown University Law Center

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