Experience

• Trials & Arbitrations

  • Resolution Life, a global life insurance group focusing on the acquisition and management of portfolios of life insurance policies, in a seven day bench trial resulting in an award of $75 million in damages and pre-judgment interest. The case stemmed from an attempted 2017 transaction in which Resolution Life sought to sell its Nebraska-based life insurance company, Lincoln Benefit Life, to Global Bankers Insurance Group.
  • 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

  • The Special Litigation Committee of the Board of Directors of PPG Industries, Inc. in the investigation of shareholder demands and obtaining dismissal of parallel state and federal lawsuits in the first case to apply Pennsylvania’s recently enacted statute governing shareholder demands.
  • 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 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 U.S. & UK investigations relating to corporate conduct.
  • The board of a leading medical device manufacturer in a series of compliance effectiveness reviews, and a review of the board’s governance practices.
  • The Chief Risk Officer of a hedge fund in civil litigation and investigations relating to the Bernard L. Madoff matter.
  • The former CEO and Chairman of one of the world’s largest pharmaceutical companies in 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

  • OceanGate in investigations following the implosion of its Titan submersible during a Titanic expedition.
  • 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.
  • A leading operator of senior living retirement communities in state administrative and Congressional inquiries relating to COVID-19.
  • Georgia-Pacific and Koch Industries in the Chapter 11 proceedings of Georgia-Pacific affiliate Bestwall in the U.S. Bankruptcy Court for the Western District of North Carolina.
  • McKinsey & Company in multiple bankruptcy proceedings and a civil RICO action relating to its disclosures as Chapter 11 debtor advisor.
  • A major hospital corporation in civil and criminal matters arising out of nationwide recall of adulterated prescription medication that led to a meningitis outbreak.
  • A major life insurance company in a $250 million contract dispute.
  • Tribune Media Company in its lawsuit against Sinclair Broadcast Group in connection with the failed $3.9 billion acquisition of Tribune by Sinclair.
  • JAB Holding Company, Pret Panera Holding Company and one of its senior executives in the successful dismissal of litigation in favor of arbitration arising from allegations of misappropriation of trade secrets, fraud, and unjust enrichment as a result of the director’s former position at a rival company.
  • A leading health insurance provider in advising on conflicts of interest and related government issues.
  • A prominent hospital in reviewing and advising on conflicts-of-interest matters.
  • 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.
  • A major hospital corporation in civil and criminal matters arising out of the nationwide recall of an adulterated prescription medication.
  • Bechtel Corporation, 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.
  • Allergan 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 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.
  • J.C. 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.
  • 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.
  • AXA in a number of regulatory matters.
  • Brand Energy in a theft of trade secrets litigation.
  • Christie’s in several commercial litigation matters.