Experience

• • James River in obtaining a Preliminary Injunction in which a court awarded specific performance and required the buyer to close on the acquisition of a James River subsidiary under the terms of the purchase agreement.
  • United Property and Casualty Insurance Co. in a successful dismissal with prejudice of a RICO action filed in the Middle District of Florida concerning their handling of insurance claims arising from hurricane damages.
  • The Prudential Insurance Company of America in an ERISA class action regarding use of retained asset accounts.
  • Symetra Life Ins. Co. and Symetra Assigned Benefits Service Co. in a putative consumer class action lawsuit filed in the U.S.D.C. for the Western District of Washington related to factoring transactions.
  • James River Group Holdings in a putative securities class action alleging that James River misrepresented the sufficiency of its reserves related to its underwriting of insurance covering Rasier LLC, a subsidiary of the ride-sharing company Uber Technologies.
  • Obtained favorable jury verdict as lead pro bono trial counsel in an action at the New York Supreme Court charging Tysheem McGregor with attempted murder and conspiracy to commit murder, among other charges. Successfully obtained acquittal on all but the lowest charge, leading the client to be immediately released after 6 years of incarceration, as featured in the American Lawyer’s Litigation Daily.
  • The Prudential Insurance Company of America in a policyholder class action regarding use of retained asset accounts in connection with service members group life insurance.
  • John Hancock Life Insurance Company in defense against a putative class action brought before the United States District Court for the District of Massachusetts on behalf of owners and beneficiaries of its life insurance policies.
  • Constellation, backed by institutional investors Caisse de dépôt et placement du Québec and Ontario Teachers’ Pension Plan Board, in its acquisition of and $500 million capital contribution to Ohio National, as part of Ohio National’s demutualization process.
  • Jackson and Prudential plc in the separation of Jackson through a demerger, in a transaction valued at approximately $2.5 billion and that establishes Jackson as an independent, publicly-traded company.
  • Third Point Re in its $788 million merger with Sirius Group.
  • BMO Harris Bank in a bankruptcy adversary proceeding arising out of a multibillion dollar Ponzi scheme operated by Thomas J. Petters.
  • Prudential Financial, John Hancock Life Insurance Company, AXA Equitable, Guardian Life, Massachusetts Mutual and Teachers in a qui tam complaint, brought under the New York False Claims Act, seeking over $14.5 billion in damages for alleged failures to escheat life insurance benefits to the state. This followed successful representations of each firm in a years-long investigation by the New York Attorney General (NYAG) into the escheatment practices of the life insurance industry, at the conclusion of which NYAG declined to pursue the claims itself.
  • Winged Foot Golf Club, along with certain present and former members of the Board of Directors of the Winged Foot Holding Corporation, in shareholder derivative and securities class action lawsuits pending in the Southern District of New York.
  • Juan Sebastian Montes, a former executive of Petroleos de Venezuela, in litigation involving the Michael Kenwood Group.
  • Special Litigation Committee of SandRidge Energy’s Board of Directors in the investigation of allegations made in pending derivative lawsuits.
  • Prudential Financial in shareholder class action and derivative lawsuits arising from regulatory inquiries into death benefit payment practices and compliance with unclaimed property laws.
  • A multinational bank in affirmative and defensive litigation arising out of a large hotel chain’s data breach.
  • Kelso & Company in its $376 million acquisition, with Ajax Resources, of W&T Offshore’s interest in the Yellow Rose field in the Permian Basin of West Texas.
  • Kellner DiLeo in successfully settling a class action alleging systemic failure to pay overtime after successfully obtaining dismissal of all state law claims.
  • Large life insurance companies in state regulatory inquiries concerning abandoned property and claims handling, as well as in related qui tam lawsuits and a policyholder class action.
  • An international insurance company in a joint investigation by the Department of Justice and the United States Attorney for the District of New Hampshire regarding the financing of life insurance premiums and related STOLI issues.
  • Galderma Pharma in its agreement with Valeant Pharmaceuticals to restructure certain North American licensing arrangements in connection with Valeant's $2.6 billion acquisition of Galderma's long-time partner Medicis Pharmaceutical.
  • 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 CFO of an insurance company in an investigation before the NYDFS.