Strategic oversight, judgment, and cost discipline
Founded by Paul Mishkin, a former litigation partner at a preeminent global law firm, Mishkin Litigation provides independent stewardship for complex disputes. The firm works alongside outside counsel to shape strategy, pressure-test key decisions, and align cost, risk, and outcomes with client objectives.
Senior judgment, independent oversight, client-aligned incentives
Bringing 20+ years of litigation experience from two of the world's most prominent law firms, Mishkin Litigation provides an independent strategic perspective alongside outside counsel. The role is to help clients evaluate options, challenge assumptions, and make informed decisions at key inflection points, while keeping litigation strategy and resources aligned with the client's objectives.
Matters are undertaken selectively to ensure excellent fit and highly hands-on engagement. Mishkin Litigation typically works on a fixed-fee basis, supporting independent judgment and aligning incentives around the effective management of the litigation rather than the volume of legal work performed.
Mishkin Litigation provides independent litigation stewardship—a strategic layer alongside outside counsel that helps improve decision-making, align incentives, and govern cost and risk.
Depending on the matter, the role may involve helping management evaluate significant strategic decisions, providing independent oversight of outside counsel and litigation resources, assessing litigation plans and budgets, evaluating opportunities to narrow or resolve disputes, and ensuring that litigation strategy remains aligned with business objectives.
By providing sustained and informed client-side oversight, litigation stewardship allows executives and legal personnel to remain focused on their broader responsibilities while ensuring that significant disputes receive dedicated attention.
Typical areas of involvement include:
Assessments
Assessment of claims, defenses, likely outcomes, and key litigation risks and opportunities.
Counsel & Expert Selection
Advising on counsel, expert, and resource selection.
Litigation Management
Client-side oversight of outside counsel, litigation budgets, staffing, and case management.
Reporting
Translation of legal developments into clear business-focused guidance for management, boards, and stakeholders.
Resolution
Evaluation of opportunities to narrow or resolve disputes, including settlement strategy and mediator selection.
The need for additional litigation-management capability can arise for different reasons and at different stages of a dispute. Litigation stewardship can be particularly useful in circumstances such as these:
Episodic Need for
Litigation Expertise
Significant disputes may arise too infrequently to justify dedicated in-house litigation personnel, while still warranting experienced client-side management when they occur.
Limited Internal
Litigation Experience
A sophisticated legal department may have limited experience managing significant litigation, particularly where its expertise lies principally in other areas.
Limited Management Bandwidth
General counsel and senior executives may have the judgment and institutional knowledge to oversee litigation, but not the capacity to give a significant dispute sustained attention.
Organizations that do not regularly face significant litigation may benefit from experienced assistance identifying and evaluating outside counsel suited to a particular dispute.
Particularly Significant Matters
A dispute with unusual financial, business, reputational, or strategic importance may warrant additional client-side litigation resources and attention.
Additional Independent Perspective
Management or an in-house legal team may benefit from an independent, experienced view of the litigation strategy and outside counsel’s recommendations.
Training
Harvard Law School
J.D., 2004, cum laude
Harvard Law Review
Yale University
B.A., 2000, Economics and Math, magna cum laude
Law Firm Experience
Davis Polk & Wardwell, LLP
Litigation Partner (2013 - 2024)
Litigation Associate (2006 - 2013)
Wachtell, Lipton, Rosen & Katz
Litigation Associate (2004 - 2006)
Summer Associate (2003)
Recognition
Benchmark Litigation – “Litigation Star” rating
Thomson Reuters – 2024 “Stand-out Lawyers”
American Lawyer, Litigation Daily –
Runner-up Litigator of the Week, July 2020
Other Experience
Columbia Law School
Lecturer, U.S. Civil and Criminal Enforcement of International Cartels (2024 - present)
Instituto Superior de Derecho y Economía
Professor, Introduction to U.S. Civil Litigation (2014 - 2024)
Bar Admission
New York