Experience

• • Former directors and officers of High Ridge Brands in post-bankruptcy litigation trustee litigation, asserting alleged claims for breach of fiduciary duty, fraud, and avoidance actions arising out of a pre-bankruptcy Notes offering.
  • Former directors and officers of global financial services firm in the U.S. subsidiary’s Chapter 11 proceedings in the U.S. Bankruptcy Court for the Southern District of New York and in subsequent post-bankruptcy litigation trustee claims and litigation asserting claims for breach of fiduciary duty and avoidance actions arising out of a pre-bankruptcy transaction.
  • McKinsey & Company in multiple bankruptcy proceedings and a civil RICO action relating to its disclosures as Chapter 11 debtor advisor.
  • 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.
  • D. E. Shaw and Madison Dearborn Partners, as holders of exchangeable notes and other claims against SunEdison, in SunEdison’s Chapter 11 proceedings in the U.S. Bankruptcy Court for the Southern District of New York, and in obtaining dismissal of a $300 million avoidance action seeking to claw back transfers made as part of a complex transaction related to the $2.4 billion sale of a renewable energy company.
  • Arcesium in a trade secret and breach of contract litigation dispute brought by SS&C Technologies Holdings, Inc. and its affiliate Advent Software.
  • 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 D. E. Shaw Group and Madison Dearborn Partners in their $327 million litigation win against TerraForm for breach of contract arising from the plaintiffs’ sale of First Wind Holdings, LLC to TerraForm and SunEdison Inc.
  • Steven Tananbaum, the Chief Investment Officer of Goldentree Asset Management, in litigation against the Gagosian Gallery in connection with the purchase of artwork by Jeff Koons.
  • The Prudential Insurance Company of America in an ERISA class action regarding use of retained asset accounts.
  • ACP Re, AmTrust Financial Services, National General Holdings, Tower Group Insurance and others in defending claims asserted by holders of trust preferred securities relating to ACP Re’s acquisition of Tower Group Insurance.
  • A global financial institution in government investigations into Russian money laundering activity.
  • A Japanese bank in the ongoing TIBOR litigation