Experience

  • General Litigation

    • Successful representation (following recently completed trial (October/2014) in federal court in New York) of $50 million claim arising from regulatory denial of reinsurance transaction.
    • Successful international arbitration (ICC), following week-long hearing (May/2014), defending claims of fraud and breach of contract against co-venturer in purchase of telecommunications business.
    • Obtaining dismissal in 2013 of fraud claim in Delaware Chancery Court in dispute over allegedly misleading accounting practices in purchase and sale of business.
    • Successful representation in arbitration in New York on behalf of investor in proprietary life insurance projects. This matter concluded in 2011.
    • Successful LCIA arbitration in London on behalf of New York bank in joint venture dispute with European financial services firm. The decision of the Tribunal was rendered in May 2010.
    • Successful arbitration in December 2009 over registration rights of shares of major entertainment company.
    • Favorable arbitration in December 2007 of purchase price adjustment per contractual provisions of agreement for sale of health food business.
    • Successful trial in Delaware Chancery Court in 2006 for declaratory judgment that ThoughtWorks, Inc. was obligated by Charter to redeem $48 million of preferred shares held by private equity firm, SV Investment Partners. (The SVIP/ThoughtWorks case was featured in the September 2006 issue of Mergers & Acquisitions.)
    • Representation of Induchem in breach of contract lawsuit with its distributor, Lipo Chemicals, Inc. brought in New York Supreme Court, Commercial Part. A successful settlement was reached, just as jury selection was to begin in May, 2006.
  • Antitrust Litigation

    • Ongoing representation in federal court in Kansas of plaintiff asserting tying bundling and monopolization claims against major distributors of medical supplies.
    • Representation (resulting in settlement) of defendant in federal action in New York on behalf of purchasers of freight forwarding services against domestic and international freight forwarding companies, alleging conspiracy to impose surcharges in violation of Sherman Act.
    • Securing a landmark settlement on behalf of client Swedish Match in the litigation of antitrust claims against its rival seller of moist snuff in the United States, USST Inc. Under the terms of the settlement, USST Inc. paid $200 million and handed over ownership of its cigar business to Swedish Match.
    • Representation of creditors accused of illegal price fixing in negotiating the United Airlines bankruptcy workout. The creditors’ defense that the antitrust laws do not apply in the bankruptcy context was upheld by the Seventh Circuit Court of Appeals.
    • Successful defense of Bluecher USA’s marketing of its exclusive treatment of chemical and biological protective clothing for military use. Bluecher was accused of price discrimination in violation of the United States and Puerto Rico antitrust laws. We prevailed on arbitrable claims at the AAA and had the remaining claims dismissed by the District Court in Puerto Rico. We then argued the appeal successfully to the First Circuit Court of Appeals. (The Bluecher case as featured as one of the year’s “most interesting cases” in the January 2006 issue of The American Lawyer.)
    • Defense of insurance clients in investigation and parallel proceedings by state attorneys general concerning insurance sales and brokerage issues, in particular, with respect to allegations of bid-rigging in violation of the antitrust laws.
  • Antitrust/Mergers

    • TPG Capital and Welsh, Carson, Anderson & Stowe, with Humana, in their $1.4 billion acquisition of Curo Health Services.
    • Westfield in the company’s $24.7 billion sale to Unibail-Rodamco, Europe's largest listed commercial property company.
    • Discovery Communications in its $14.6 billion acquisition of Scripps Networks Interactive.
    • Numerous clients in obtaining antitrust approval of strategic transactions, by the US antitrust enforcement agencies, the Federal Trade Commission and the Antitrust Division of the Department of Justice.
    • Beacon Health Strategies before the Federal Trade Commission in the antitrust aspects of a managed behavioral healthcare organization’s proposed acquisition of Value Options, Inc.
    • International Paper in the antitrust aspects of its $4.3 billion acquisition of Temple-Inland.
    • Hertz Global Holdings in the antitrust aspects of its proposed $1.56 billion acquisition of Dollar Thrifty Automotive Group.
    • Reynolds Group in the antitrust aspects of its $4.5 billion acquisition of Graham Packaging Company, a leading supplier of plastic packaging, and its acquisition of Dopaco, a foodservice packaging company.
    • Rank Group before the Federal Trade Commission in the antitrust aspects of its successful $980 million acquisition of UCI International, a North American automotive products business, and its subsequent $950 million acquisition of Honeywell’s automotive consumer products group.
    • Rank Group before Department of Justice, Antirust Division, in the antitrust aspects of Rank’s $338 million acquisition of Blue Ridge Paper Products, a manufacturer of specialty paper board packaging products.
    • NCI Group, a manufacturer of insulated metal panels, before the Federal Trade Commission in the antitrust aspects of its acquisition of Metl-Span.
    • Noven Pharmaceuticals in its acquisition from Novartis of the commercial rights to Minivelle, an estradiol transdermal system, in the U.S. and Canada.
  • Environmental Litigation

    • Uniroyal Holding et al. in a CERCLA litigation with Waste Management in Federal District Court in Wisconsin concerning liability for remediation of the release of hazardous substances transported from Uniroyal Corporation’s manufacturing facilities. Uniroyal Holding was granted summary judgment.
    • Uniroyal Holding in a CERCLA suit with the City of Mishawaka in Federal District Court in the Southern District of Indiana over liability as a corporate successor. Uniroyal Holding was granted summary judgment.
    • Uniroyal Holding in a CERCLA suit brought by Gates Rubber Co. in Federal District Court in the Southern District of New York to recover costs for the remediation of hazardous substances released from a textile plant in South Carolina. Following a substantive ruling in Uniroyal’s favor, the matter was resolved.
    • Uniroyal Holding in its CERCLA litigation with the EPA, represented by the Department of Justice, concerning numerous former Uniroyal Corporation facilities and third-party sites throughout the United States.
    • Phelps Dodge Corporation in an environmental litigation with the United States Postal Service concerning a contaminated former copper smelting facility the Postal Service purchased from Phelps Dodge.
    • The Travelers Insurance Company in multiple lawsuits brought by policyholders seeking coverage for alleged environmental damage at sites throughout the United States.
    • Betaseed, Inc. in National Environmental Policy Act cases relating to the United States Department of Agriculture’s approval of genetically modified sugar beet seed. The Department of Agriculture ultimately approved the product for unrestricted commercial distribution in 2012.
    • Uniroyal Holding’s national counsel in defense of numerous personal injury suits across the country for exposure to asbestos.

Education

  • Columbia Law School, 1978, J.D.
  • Princeton University, 1975, A.B.

Languages

  • English