Experience

• Representative Antitrust Matters

  • Albertsons in the antitrust aspects of its sale to Kroger at a total enterprise value of approximately $24.6 billion.
  • Albertsons, in litigation challenging its payment of a $4 billion dividend to stockholders, and asserting claims in connection with its merger with Kroger.
  • Peabody Energy Corp., a leading coal producer, in the FTC’s challenge to its joint venture with Arch Resources, Inc.
  • A group of venture capital funds as amici curiae in the FTC’s challenge to the proposed merger between Microsoft Corp. and Activision-Blizzard Inc.
  • Solenis, a leading global producer of specialty chemicals, in its acquisition of German chemical producer SCL.
  • Solenis, a Clayton, Dubilier & Rice portfolio company, in its combination with BASF's paper and water chemicals business.

• Representative Matters for Sponsors and Funds

  • Warrior Holdings, an entity owned by funds managed by Carlyle, in litigation in Delaware Chancery Court brought by a stockholder representative, arising from its merger agreement with Saama Technologies, Inc.
  • J.C. Flowers in litigation brought by the MF Global bankruptcy trustee seeking to recover dividends paid in connection with preferred stock.
  • Notz, Stucki et Cie, its directors and related entities in litigation related to substantial investments with Bernard L. Madoff Investment Securities, in obtaining dismissal of investor class-action litigation purporting to assert claims for fraud and breach of common law duties relating to one of the firm's managed funds, and in adversary proceedings brought by the Trustee of the BLMIS estate in the bankruptcy proceeding.

• Representative Healthcare & Life Sciences Matters

  • A biotechnology company in a contractual dispute concerning patent royalties stemming from a market-leading cancer drug.
  • A major pharmaceutical company in defeating nine motions to certify classes of consumers and third-party payors and obtaining dismissal of all remaining claims in MDL actions alleging RICO and consumer fraud violations based on alleged fraudulent promotion of antidepressants.
  • A major pharmaceutical company in obtaining dismissal of state law claims in First Circuit decision marking the first time since Wyeth v. Levine that a federal appellate court dismissed claims against a brand-name drug manufacturer pursuant to the “impossibility” preemption doctrine.
  • A major pharmaceutical company in obtaining dismissal of qui tam action relating to marketing of prescription drug due to unethical behavior by relator’s counsel. In its dismissal, the district court, in addressing a novel legal issue, admonished counsel for obtaining medical information from physicians by engaging in “an elaborate scheme of deceptive conduct.”

• Other Complex Commercial Litigation and Investigations

  • YPF S.A. in successfully defeating claims for roughly $15 billion in damages and pre-judgment interest that were brought by Petersen Energía and Eton Park (both funded by Burford Capital) in the S.D.N.Y. arising from the Republic of Argentina’s 2012 intervention in YPF and subsequent expropriation of 51% of YPF’s capital stock.
  • Dennis Kozlowski, former CEO of Tyco, in defending action brought by Tyco seeking forfeiture and clawback of compensation and severance benefits.
  • Independent directors of News Corporation in allegations relating to phone-hacking in the United Kingdom.