Special Committees and Board Representations

Experience

    • Special Committee of the Board of Directors of BGC Partners in BGC Partners’ acquisition of Berkeley Point Financial, a leading commercial real estate finance company.
    • Evercore Partners as financial advisor to the Special Committee of Fortress Investment Group in Fortress Investment’s $3.3 billion acquisition by SoftBank.
    • The audit committee of the board of directors of a multinational consulting firm as independent counsel in an internal investigation of FCPA violations relating to projects in the Middle East, Latin America and Asia.
    • Dr. Krishna Palepu, Vice Dean of the Harvard Business School and a former Audit Committee director of Satyam Computer Services Ltd., in dismissal of all claims in a multi-district securities class action litigation and related proceedings arising from the confession by Satyam’s former CEO that he engineered a massive financial fraud.
    • Syracuse University in investigations by the United States Attorney’s Office and the Special Committee of the Syracuse University Board of Trustees, which arose as a result of allegations of sexual abuse made against Bernie Fine, former Associate Head Coach of the University’s men’s basketball team. These investigations ended without any charges being brought.
    • Internal investigation for the Audit Committee of Office Depot relating to accounting and disclosure issues.
    • Allianz Global Investors of America L.P. in an investigation by a special committee of independent trustees of the Allianz Funds in response to a derivative demand letter.
    • A major accounting firm in a Public Company Accounting Oversight Board inquiry.
    • The Board of Directors of Eclipsys in its $1.4 billion merger with AllscriptsMisys Healthcare Solutions.
    • Siemens’s Audit Committee in a worldwide investigation into possible corrupt payments to government officials leading to an early settlement with the U.S. and German authorities.
    • Internal investigation for the Audit Committee of BG Group into allegations of payments to government officials in Italy relating to the construction of a re-gasification terminal.
    • A special committee of the Board of Westar Energy in a grand jury investigation involving the company’s senior officers.
    • An individual in an SEC investigation alleging stock options backdating being conducted by a company at which he previously served as a board member.
    • The Audit Committee of Telewest, a telecommunications company with principal operations in the United Kingdom, in an internal investigation of certain accounting and billing practices.
    • A Special Committee of the Board of Tommy Hilfiger in an internal investigation and United States Attorney’s Office investigation of tax accounting issues related to offshore subsidiaries.
    • Albany Diocese Sexual Misconduct Review Board in an independent internal investigation concerning allegations of sexual misconduct against the Bishop of Albany.
    • 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.
    • A specially-constituted board committee of a brokerage company in an internal investigation into the marketing and sale of auction rate securities.
    • Acting for the audit committee of international shipping company NewLead Holdings, a Nasdaq listed entity, to conduct an investigation under Section 10A of the Securities Exchange Act of 1934 into the circumstances behind a high value transaction.
    • An internal investigation for the audit committee of a worldwide communications company concerning payments made to certain commercial counterparties.
    • An internal review for the Audit Committee of BG Group relating to issues arising in an investigation by Italian authorities into allegations of corruption in a project in Brindisi, Italy.
    • Former directors and officers of RSL Communications and related companies in defense of actions brought by the debtor in possession and creditor’s committee in the U.S. District Court for the Southern District of New York Bankruptcy Court, obtaining dismissal of claims seeking $1.8 billion for breaches of fiduciary duty and constructive fraud.
    • Global technology company’s Board of Directors in independent FCPA investigation and review of medical equipment and diagnostic businesses.
    • Independent counsel to the audit committee of the board of directors of an international consulting firm in an internal investigation of projects in the Middle East, Latin America, and other locations.
    • Internal investigation of senior management on behalf of a special committee of a public company board of directors.
    • Internal investigations and FCPA compliance advice to a major multi-national U.S. research-based pharmaceutical manufacturer. We also conducted internal investigations for the Audit Committee and senior management into a number of accounting reserves issues.
    • Numerous other corporations and their directors and officers in securities class actions, derivative litigation, appraisal proceedings and independent special committee investigations.
    • Special committees of the boards of directors of two major pharmaceutical companies charged with conducting internal investigations concerning how certain clinical trials were designed and run, and how the trial results were treated.
    • The Audit Committee of a Chinese pharmaceutical manufacturer that is publicly listed in the U.S. in an investigation of potential corruption issues arising under the FCPA.
    • The Audit Committee of a large public company in the healthcare industry in an internal review of whistleblower allegations of possible manipulation of bad debt reserves.
    • The Audit Committee of a marketing company into allegations of improper revenue recognition and other accounting irregularities.
    • Internal investigations and FCPA compliance advice to a major multinational U.S. research-based pharmaceutical manufacturer. We also conducted internal investigations for the Audit Committee and senior management into a number of accounting reserves issues.
    • The Audit Committee of a prefabricated housing manufacturer into allegations of improper accounting for liability and other reserves; and
    • The Audit Committee of Interpool in an internal investigation of accounting and financial reporting issues.
    • The Boards of Trustees of a number of independent schools relating to allegations of improper conduct by teachers, coaches and administrators.
    • The financial director of a UK company, under administration, in investigations into potential accounting irregularities by the Financial Reporting Council (FRC). A successful settlement was reached with the FRC.
    • 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.
    • The independent committee of the board of Sino-Forest Corp. on allegations of financial irregularities by management in Hong Kong and China.
    • The independent Compliance Committee of Siemens AG in a review of questionable payments in Asia as part of the firm’s wide-ranging investigation of allegations of corruption arising under the FCPA and similar legislation treaty obligations from other jurisdictions.
    • The independent directors of News Corp.'s board on the range of issues they are considering in connection with the allegations against, and the investigations of, the Company.
    • The Sexual Misconduct Review Board for the Diocese of Albany in an independent investigation relating to allegations of misconduct made against the then Bishop of Albany.
    • The Special Committee and independent members of the Board of Directors of Dell in defeating requests for a preliminary injunction and obtaining dismissal of 26 stockholder class actions challenging $25 billion going-private transaction.
    • The Special Litigation Committee of the Board of Directors of Office Depot in its investigation into allegations asserted by a shareholder in a derivative action that Office Depot improperly carried back certain tax losses from 2010 and prior years, based on economic stimulus-based tax legislation.
    • The Supervisory Board of an international engineering, procurement and construction company in an investigation by the Munich Prosecutor under German Anti-Bribery Laws.