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.
  • 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.
  • 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.
  • Robinhood Markets and affiliates in a putative securities class action based on an alleged breach of a broker’s duty of best execution.
  • Robinhood Markets and affiliates in defeating class certification in a putative consumer class action based on an alleged failure to prevent customers from placing trades for securities subject to a T1 halt.
  • VMware, Inc. in the successful dismissal of a putative securities class action and a separate derivative lawsuit 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.
  • 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.
  • Clayton, Dubilier & Rice and associated funds in the successful dismissal of securities class action related to the company’s sale of its interest in Envision Healthcare Corporation.
  • The former Chief Financial Officer of Hertz in the successful dismissal, affirmed by the Third Circuit, of a putative securities class action litigation arising from the restatement of Hertz’s financial results.
  • Clearway Energy, Inc. (formerly NRG Yield, Inc.) in the successful dismissal, in California State court, of a putative securities class action alleging misrepresentations relating to energy production at a wind farm.
  • Syncora Holdings (previously Security Capital Assurance) and four former executives in the successful dismissal of a securities class action alleging that Syncora misrepresented and failed to disclose its exposure to subprime-related risk.
  • Barrick Gold Corporation, a Canadian mining company, and three of its current and former executives in a securities class action arising from alleged misrepresentations regarding the predicted cost, timing and production estimates of a multibillion dollar gold and silver mining development in South America.
  • Providence Equity Partners in winning summary judgment in the Delaware Court of Chancery, affirmed by the Delaware Supreme Court, in a shareholder class action lawsuit challenging Providence’s $1.9 billion acquisition of SRA International.
  • Tribune Media Company in its lawsuit against Sinclair Broadcast Group in connection with the failed $3.9 billion acquisition of Tribune by Sinclair.
  • 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 Board of Directors of Monsanto in its $66 billion sale to Bayer.
  • Protective Life in its $5.7 billion merger with a subsidiary of Dai-ichi Life, a life insurance company listed on the Tokyo stock exchange.
  • CIFG Assurance North America as a plaintiff in a successful action – won on an early, pre-discovery summary judgment motion – for breach of a reinsurance contract.
  • Disney, NBC Universal and CBS Broadcasting in a copyright dispute with Aereo, which intercepts their over-the-air broadcast signals, converts them and retransmits those broadcasts over the internet.
  • Independent directors of News Corporation in allegations relating to phone-hacking in the United Kingdom.
  • Swiss Re Financial Products Corp. in claims seeking to avoid payments made pursuant to a credit default swap.
  • Juan Sebastian Montes, a former executive of Petroleos de Venezuela, in litigation involving the Michael Kenwood Group.