Experience

• • Clayton, Dubilier & Rice and certain related entities and partners in a securities action and a separate derivative action against agilon health and related parties regarding allegations that agilon misled investors about medical costs via materially false statements in certain SEC filings.
  • The Vanguard Group, Inc. in a putative nationwide class action relating to the 2020 decision to lower the minimum investment required for investors to participate in certain target retirement funds.
  • James River in obtaining a Preliminary Injunction in which a court awarded specific performance and required the buyer to close on the acquisition of a James River subsidiary under the terms of the purchase agreement.
  • Uniswap, its founder and venture capital firm Union Square Ventures in the successful dismissal of a securities class action related to tokens issued by third parties and sold on the Uniswap protocol.
  • Brigade Capital Management, the second largest holder of secured debt issued by Avaya, in Avaya’s pre-packaged chapter 11 bankruptcy proceeding.
  • Tether and Bitfinex in the successful dismissal of a class action related to alleged misrepresentations regarding the sufficiency of reserves for Tether tokens.
  • Tether, Bitfinex and related entities in a putative class action asserting Commodities Exchange Act, antitrust and fraud claims based on alleged manipulation of the price of cryptocommodities.
  • Hypersphere Capital Management, investment manager of a Polkadot-focused cryptocurrency fund, and related entities in litigation with an investor regarding the payment of incentive compensation.
  • The controlling shareholders and certain directors of Madison Square Garden Entertainment Corp. and MSG Networks, Inc. in multiple derivative suits in the Delaware Court of Chancery arising from a stock-for-stock merger between those two entities.
  • A real estate company in a putative securities class action in the Northern District of California, an M&A-related dispute in the New York Supreme Court Commercial Division.
  • VMware, Inc. in the successful dismissal of a derivative lawsuit and a separate securities class action in the Northern District of California regarding the company’s backlog accounting.
  • Robinhood Markets and affiliates in multiple putative class action lawsuits arising from outages on Robinhood’s trading platform.
  • Prudential Financial, John Hancock Life Insurance Company, AXA Equitable, Guardian Life, Massachusetts Mutual and Teachers in a qui tam complaint, brought under the New York False Claims Act, seeking over $14.5 billion in damages for alleged failures to escheat life insurance benefits to the state. This followed successful representations of each firm in a years-long investigation by the New York Attorney General (NYAG) into the escheatment practices of the life insurance industry, at the conclusion of which NYAG declined to pursue the claims itself.
  • 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 Federal Reserve Bank of New York in obtaining dismissal of claims for over $40 billion against the Bank by the largest shareholder of AIG challenging the terms of a rescue loan the Bank provided to AIG during the 2008 financial crisis.
  • Prudential Financial and certain present and former officers and directors in securities class action and derivative lawsuits arising from the company’s practices with regard to unclaimed life insurance benefits.
  • Directors and officers of Cablevision in a derivative lawsuit related to executive and board compensation.
  • J.C. Flowers in the dismissal of all claims arising from collapse of MF Global.
  • The former Chief Financial Officer of Hertz in a securities class action lawsuit challenging Hertz's accounting arising from restatement of financial results.
  • Providence Equity Partners in winning summary judgment in a shareholder class action lawsuit arising from Providence’s $1.9 billion acquisition of SRA International.
  • The Special Committee of Martha Stewart Living Omnimedia in multiple stockholder class actions challenging proposed sale of company to Sequential Brands.
  • The Board of Directors of StanCorp Financial Group in multiple stockholder class actions challenging proposed acquisition of StanCorp by Meiji Yasuda Life Insurance Company.
  • Protective Life Insurance Company in multiple stockholder class actions challenging proposed acquisition of Protective by Dai-ichi Life Insurance Company.
  • The Board of Directors of Capital One Financial Corp. in obtaining dismissal with prejudice of a shareholder derivative action alleging that the board members breached their duty of loyalty by consciously disregarding their responsibility to oversee the company’s compliance with various anti-money laundering laws.
  • Winged Foot Golf Club, along with certain present and former members of the Board of Directors of the Winged Foot Holding Corporation, in shareholder derivative and securities class action lawsuits pending in the Southern District of New York.
  • The Special Litigation Committee of the Board of Directors of SandRidge Energy in evaluating and determining SandRidge’s response to claims brought in several shareholder derivative lawsuits.