Experience

• • A private equity firm, in fully prevailing against two former executives of a portfolio company, in an arbitration that determined the private equity firm’s purchase price for an increased ownership stake in the portfolio company.
  • Carlyle, as majority owner of Syniverse, in Syniverse’s $2.85 billion merger, later terminated, with special purpose acquisition company M3-Brigade Acquisition II Corp. resulting in Syniverse becoming a publicly traded company.
  • PPG Industries, Inc. in the successful dismissal of derivative lawsuits relating to an accounting restatement and alleged noncompliance with environmental laws.
  • Public school PTA in its incorporation and successful petition to dispense with statutory quorum requirements.
  • Plaintiffs in a civil rights suit based on the NYS Department of Corrections’ unconstitutional barrier of contact between parolee and his newborn child; obtained summary judgment for plaintiffs on liability and affirmance on appeal of the denial of defendants’ qualified immunity defense.
  • McKinsey & Company in multiple bankruptcy proceedings and a civil RICO action relating to its disclosures as Chapter 11 debtor advisor.
  • Allergan 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 and in defeating nine nationwide class certifications of a putative class of third-party payors alleging violations of federal RICO statutes through fraudulent promotion of antidepressants.
  • EM Limited in obtaining payment in full of an $849 million judgment against the Republic of Argentina arising from Argentina’s default on its sovereign debt, recognized as the 2016 Global Dispute of the Year by The American Lawyer.
  • The Board of Directors of Monsanto in its $66 billion sale to Bayer.
  • Tribune Media Company in its lawsuit against Sinclair Broadcast Group in connection with the failed $3.9 billion acquisition of Tribune by Sinclair.
  • Tribune Media Company in the successful dismissal of a securities class action, affirmed by the Seventh Circuit, arising from the failed acquisition of Tribune by Sinclair Broadcast Group.
  • 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.
  • A large Russian car dealership and its beneficiary in the dispute against a Russian businessman related to debt recovery.
  • A leading federal judge in defending against a petition for a writ of mandamus relating to a jury nullification defense.