Experience

• • Eutelsat SA, in obtaining an injunction preventing the former CEO of its Latin American business from violating provisions of its equity compensation plans.
  • Culligan, its directors, Clayton, Dubilier & Rice and its Fund VI in a derivative action brought by Culligan franchise dealers in New York Supreme Court, alleging fraudulent conveyances and breach of fiduciary duty.
  • Clayton, Dubilier & Rice, its Fund VIII, and certain CD&R partners as defendants in shareholder litigation in the Delaware Court of Chancery challenging the multi-billion dollar stock-for-stock merger of Ply Gem with NCI Building Systems.
  • The National Basketball Association in the negotiation and application of collective bargaining agreement provisions relating to player compensation.
  • A leading telecommunications and digital media company in an LCIA arbitration of a contractual dispute arising out of the purchase of assets in multiple jurisdictions, winning a complete victory on indemnification claims of over €139 million, defeating counterclaims of over €84 million, and obtaining a substantial costs award.
  • NexBank as agent for lenders, Oaktree Capital Management, Centerbridge and Five Mile, in litigation to enforce guarantees with a Las Vegas real estate investment.
  • Barrick Gold and seven of its current and former officers and directors in a securities class action arising from the development of a mining project in South America.
  • A major insurance company seeking to enforce contract rights related to a $5 billion M&A transaction in an ICC arbitration.
  • A publicly listed sporting goods company in a dispute arising out of a distribution agreement, winning dismissal of all claims for over €30 million in addition to an award of attorney’s fees.