Experience

  • Trials & Arbitrations

    • 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.
    • A major international wine & spirits manufacturer in a dispute with a U.S. distributor.
    • A medical device manufacturer in an arbitration arising from an acquisition.
    • New York Life in a six-week federal defamation trial.
    • A pro bono defendant in a five-week criminal trial involving Hobbs Act and firearms charges.
    • A major pharmaceutical company in a contract dispute with a generic manufacturer concerning the non-payment of a break-up fee.
    • Culligan in an arbitration concerning the terms of Culligan's new form North American deal franchise agreement.
    • Pizza Hut in a contract dispute with a major franchisee in Thailand, concerning the scope of a non-compete agreement.
    • Long John Silver’s in a contract dispute concerning the terms of a contract including the development of the Company’s restaurants in Mexico.
    • Pizza Hut in a contract dispute involving compliance with the Company’s contractual operating standards and post-termination obligations in Guatemala.
  • Representations of Boards & Individuals

    • 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 board of a global Fortune 200 company in connection with an unsolicited bid to acquire the company.
    • The board of directors of a major pharmaceutical company in compliance and governance matters involving the company’s Regulatory and Compliance Committee.
    • The independent directors of News Corp on a range of issues in connection with US & UK investigations relating to corporate conduct.
    • The board of a leading medical device manufacturer in connection with a series of compliance effectiveness reviews, and a review of the board’s governance practices.
    • Amit Vijayvergiya, former Partner and Chief Risk Officer of hedge fund firm Fairfield Greenwich, in civil litigation and regulatory investigations relating to the Bernard L. Madoff matter.
    • The former CEO and Chairman of one of the world’s largest pharmaceutical companies in connection with proceedings brought by the Nigerian government related to the antibiotic Trovan.
    • One of the founders of a large hedge fund in a criminal insider trading investigation being conducted by the U.S. Attorney’s Office in Manhattan.
  • Commercial Litigation & Internal Investigations

    • 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.
    • A major hospital corporation in civil and criminal matters arising out of the nationwide recall of an adulterated prescription medication.
    • 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.
    • Forest Laboratories, Inc. and Forest Pharmaceuticals, Inc. in the settlement of civil and criminal investigations led by the Unites States Department of Justice and the United States Attorney’s Office for the District of Massachusetts and related civil qui tam litigation regarding marketing, promotional and other activities.
    • A major pharmaceutical company in an internal review of its compliance program and related practices.
    • Security Capital Assurance in the successful dismissal -- on a motion to dismiss -- of securities class action claims alleging that SCA misstated, or failed to disclose, information on a registration statement and a prospectus concerning its alleged exposure to subprime- and CDO-related risks.
    • A leading international life insurance company in successful settlement of securities litigation arising from its demutualization.
    • 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.
    • 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.
    • A senior pharmaceutical executive in an investigation by the U.S. Attorney’s office in Boston of alleged off-label promotion of a prescription medication.
    • JC Flowers in litigation brought by the MF Global bankruptcy trustee seeking to recover dividends paid in connection with preferred stock.
    • Several corporate defendants in asbestos litigation.
    • A number of private equity firms in analyzing the litigation and FCPA risks associated with potential acquisitions and investments.
    • A private equity firm in shareholder litigation relating to a going private transaction.
    • NRG Yield in a securities class action litigation.
    • AXA in a number of regulatory matters.
    • Brand Energy in a theft of trade secrets litigation.
    • Christie’s in several commercial litigation matters.

Education

  • New York University School of Law, 1987, J.D.
  • Sarah Lawrence College, 1983, B.A.