Katherine Eskovitz

Partner, New York

A founding partner at Roche Freedman, Katherine Eskovitz is a former federal prosecutor and an accomplished trial and appellate lawyer who has spent over two decades successfully trying civil and criminal cases to judges, juries, and arbitrators across the country, as well as arguing before federal appellate courts. Katherine excels at synthesizing complex information for courts and juries, and her relatable manner, which derives in part from her experience as a mother of three, is key to her nationally-recognized success in the courtroom.

Before founding the firm, Katherine was a litigation partner at Boies Schiller Flexner and an Assistant United States Attorney for the Eastern District of New York. She has handled significant antitrust, white collar criminal defense, intellectual property, contract, securities, copyright, computer crimes, and First Amendment matters. She has a broad practice that has included the representation of plaintiffs and defendants in, among other industries, media and entertainment, finance, insurance, agriculture, gaming, manufacturing, publishing, and real estate.

Before becoming a federal prosecutor, Katherine served as a trial attorney in the U.S. Department of Justice’s Federal Programs Branch. There, she handled constitutional challenges to federal laws, including trial and appellate work across the country. In particular, Katherine defended the United States in a lawsuit seeking compensation under the Fifth Amendment Takings Clause for President Nixon’s White House tapes, photographs, and documents. For her government work, she received Letters of Commendation from the Attorney General and Associate Attorney General. Her legal experience also includes working in the corporate department at the law firm of Cravath, Swaine & Moore.

Throughout her career, Katherine has performed considerable pro bono work, taught trial advocacy, and guest lectured, including at Yale and NYU.

  • In private practice, Katherine has represented countless corporate and individual defendants and plaintiffs, including:
  • a major real-estate developer in a multimillion-dollar partnership dispute in state court against a former professional baseball player
  • former Speaker of State Assembly against civil RICO charges
  • class of cryptocurrency investors against cryptocurrency exchange for suspension of repayment options for cryptoassets as collateral to borrow cash
  • class of customers against stock insurance company in national cybersecurity breach
  • plaintiffs in securities fraud class action
  • Apothio, a cannabinoid company focusing on leading research and commercialization of hemp plants, including to treat life-threatening types of epilepsy, in a billion-dollar lawsuit for one of the largest destructions of personal property by government entities in the history of the United States
  • a major studio in a multimillion-dollar licensing dispute
  • an American media executive and celebrity television personality in an FBI investigation of security threats
  • Caithness, an independent power producer, in billion-dollar litigation concerning environmental issues, in partnership and contract disputes, and in antitrust investigations
  • a high-net-worth individual in a securities fraud case against Citibank, first in the federal district court and later on appeal, redefining a “security” to include synthetic options
  • Philip Morris USA against antitrust challenges to its Retail Leaders program, obtaining summary judgment where claimed damages exceeded $1 billion
  • Auction participants in a price-fixing suit against Sotheby’s and Christie’s, which resulted in a $512 million settlement, described by the court as “the most outstanding result . . . in the history of the antitrust laws,” In re Auction Houses Antitrust Litig., 2001 WL 170792, *6, (S.D.N.Y. Feb. 22, 2001)
  • Adelphia in connection with a major corporate scandal, related government investigations and settlements, and the prosecution of several complex litigations involving billion-dollar claims for, among other things, securities fraud, RICO, and accountant malpractice
  • Yale Law School, J.D.; Articles Editor, Yale Law Journal

  • Cornell College of Arts & Science, B.A., Japanese, Government

  • Trial Attorney, Civil Division, Federal Programs Branch, United States Department of Justice

  • Assistant United States Attorney, United States Attorney’s Office, Eastern District of New York

  • California

  • New York

  • U.S. District Court: Southern District of New York

  • U.S. District Court: Eastern District of New York

  • U.S. Court of Appeals: Second Circuit

  • U.S. Court of Appeals: Fourth Circuit

  • U.S. Court of Appeals: D.C. Circuit

Honorable Paul V. Niemeyer, U.S. Court of Appeals for the Fourth Circuit