Commercial Litigation

Experience

    • Ambac Assurance Corp., a Wisconsin domiciled insurance company, in a holistic restructuring transaction that involved three exchange offers of existing debt securities and other payment obligations for approximately $2.2 billion of newly-issued debt securities, as well as a new-money financing collateralized by the future proceeds of certain litigation claims against RMBS originators.
    • NLMK in its successful defence in the English High Court against an application to enforce a Russian arbitral award that had been set aside by the Russian courts.
    • Forest Laboratories in a successful dismissal, in the District of Massachusetts, of a qui tam complaint brought under the False Claims Act relating to the marketing of the pharmaceutical drug Namenda. The dismissal was unusual in that it was based on unethical conduct by relators’ counsel revealed during discovery and was granted after an initial motion to dismiss had been denied. In its dismissal, the Court, addressing a novel legal issue, admonished relators’ counsel for obtaining medical information from physicians by engaging in “an elaborate scheme of deceptive conduct,” and distinguished that conduct from acceptable investigatory techniques.
    • American Airlines in litigation arising out of the September 11, 2001 terrorist attacks, resulting in a recent trial victory establishing that World Trade Center Properties could not recover from American any of the nearly $5 billion it was seeking beyond already received insurance recoveries. Previous related wins have included dismissals of environmental litigation arising out of the attacks and multiple successful partial summary judgment and Daubert motions.
    • Bristol-Myers Squibb in defending against a $3.4 billion contract and tort claim by generic drug manufacturer Apotex, winning a unanimous jury verdict of no liability.
    • JPMorgan Chase in a series of class actions challenging the use by mortgage servicers of the Mortgage Electronic Recording System (MERS), in multiple mortgage-related False Claims Act cases, and in civil actions by state attorneys general relating to mortgage-foreclosure practices.
    • Property developer Paddy McKillen in the UK Court of Appeal against the Barclay brothers concerning the £1 billion Mayfair Group of hotels.
    • Bechtel in personal injury and wrongful death allegations arising on the clean-up of the World Trade Center relating to the September 11, 2001 terrorist attacks.
    • The Federal Reserve Bank of New York in obtaining dismissal of claims for over $40 billion against the Bank by the largest shareholder of AIG, Inc. challenging the terms of a rescue loan the Bank provided to AIG during the 2008 financial crisis.
    • The Special Committee of the Board of Directors of Dell in the $24.9 billion sale of Dell to an investor group including Michael Dell and Silver Lake.
    • Kenneth D. Lewis, former Chairman and CEO of Bank of America Corp., in shareholder, derivative and other litigation that arose out of Bank of America’s acquisition of Merrill Lynch during the 2008 financial crisis.
    • Syncora Guarantee, a monoline insurer, in its suit against Countrywide Home Loans for fraud and breach of contract arising from financial insurance related to residential mortgage-backed securities, culminating in a settlement payment of $375 million to Syncora.
    • A private equity firm and one of its portfolio companies in litigation arising from the company's acquisition finance and shareholder derivatives.
    • A consumer products company as national trial counsel defending several hundred personal injury suits.
    • A major pharmaceutical company in consumer fraud class actions, including defeating nationwide class certification.
    • Notz, Stucki et Cie, its directors, and related entities, in litigation related to substantial investments with Bernard L. Madoff Investment Securities, in obtaining dismissal of investor class action litigation purporting to assert claims for fraud and breach of common law duties relating to one of the firm's managed funds, and in adversary proceedings brought by the Trustee of the BLMIS estate in the bankruptcy proceeding.
    • St. Paul Travelers and coordinating outside counsel for several major insurers in negotiations surrounding the proposed legislation establishing a $140 billion national asbestos trust.
    • A professional services firm in defending against malpractice and fraud claims relating to a tax shelter transaction.
    • A U.S. vitamin producer in multi-state class actions in federal and state forums defending claims by U.S. and non-U.S. parties alleging price fixing in the vitamin industry.
    • Columbian Chemicals Company (a subsidiary of Phelps Dodge) in a series of actions relating to alleged price fixing of carbon black.
    • Westfield in defending against contract and fiduciary duty claims seeking damages in excess of $3 billion relating to past and future acquisitions of shopping malls.
    • Learning Annex in obtaining a $23 million judgment after a jury trial of quasi-contract claims in the Southern District of New York.
    • Delta Air Lines, as special aircraft counsel, in its Chapter 11 case in New York litigating issues relating to Section 1110 of the Bankruptcy Code, lease rejections and related aircraft motions.
    • A major global insurer in multiple shareholder class action and derivative lawsuits challenging practices with regard to payment of death benefits and escheatment of unclaimed death benefits.
    • A Special Committee of the board of directors of Merck, charged with conducting an internal investigation of the Company’s conduct in the development and marketing of Vioxx.
    • A special committee of the board of a major pharmaceutical company in responding to a derivative demand letter broadly alleging misconduct, including securities violations, insider trading and fraud, arising in connection with the results of a clinical trial.
    • Mechel, a Russian mining and metals conglomerate, in winning dismissal of securities fraud claims in the Southern District of New York brought after senior Russian officials made negative comments about the company and levied an antitrust fine for alleged price discrimination.
    • In re Take Two Interactive Securities Litigation, 551 F. Supp. 2d 247 (S.D.N.Y. 2008). Shareholder litigation related to stock options backdating and in consumer class actions related to the unauthorized modification and subsequent re-rating of the Grand Theft Auto: San Andreas video game.
    • A former director and chairman of the audit committee of China North East Petroleum Holdings Limited, in obtaining a dismissal of a securities class action lawsuit and derivative lawsuit in the former director and audit committee chair was named as a defendant.