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.
  • The Special Litigation Committee of the Board of Directors of PPG Industries in evaluating and determining PPG’s response to multiple shareholder demands concerning accounting and environmental issues and successful dismissal of related shareholder derivative lawsuits in the Western District of Pennsylvania.
  • 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.