Prior Substantive Matters

General Commercial and Financial

  • Represented Big Four accounting firm in disputes relating to sale of major consulting practice, including non-compete issues.
  • In Empire v. Timeplex, second-chaired a four week trial defending Timeplex in a complex contractual dispute relating to the sale of classified defense equipment to the Government of Israel.
  • In Tesoro Petroleum Corp. v. Coastal, part of trial team that obtained a jury verdict for plaintiff in a three week trial relating to sale of a large quantity of gasoline.
  • Co-lead trial counsel to marketing firm in jury trial regarding Super Bowl promotion program.
  • Represented secured party in litigation concerning securitization of future royalties to recording artist Curtis Lee Mayfield.
  • Represented board of major U.S. financial institution in whistleblower investigation concerning trading of mortgage securities.
  • Represented U.S. chemical company in dispute concerning obligation under agreement to supply food ingredient at required volumes.
  • First-chaired jury trial to recover unpaid legal fees.

Bankruptcy

  • Represented Pacific Gas and Electric Company (California) in seeking approval of Plan of Reorganization, including related proceedings before Federal Energy Regulatory Commission and Nuclear Regulatory Commission; worked with expert on key valuation issue.
  • Represented leading “factor” against substantial preference claims brought by estate of national clothing retailer.
  • Defended private equity firm against state and federal fraudulent transfer claims brought by unsecured creditors committee related to bridge financing of bankrupt company’s purchase of a business.

Antitrust

  • In confidential representation before DOJ Antitrust Division, obtained reversal of Staff decision to indict for alleged commodities price-fixing.

Insurance

  • Represented textile manufacturer Malden Mills in insurance coverage dispute against carrier and brokers in connection with loss and damage to its business and property as a result of a catastrophic fire.
  • Represented automotive extended warranty servicing company in litigation involving program insurer.
  • Defended former officers and directors of bankrupt insurance company against claims by state commissioner of insurance and others regarding adequacy of reserve levels.
  • Involved in many D&O coverage negotiations with carriers in context of litigation defense and settlement.

Directors and Officers/Shareholders Litigation

  • Successfully represented private equity firm in shareholder litigation brought to enjoin its purchase of international marketer of entertainment products and collectibles.
  • Defended large mall developer/REIT against shareholder class action alleging federal securities law violations and accounting malfeasance.
  • Won summary judgment dismissing breach of fiduciary duty claims against representatives of private equity firm who served as directors of bankrupt portfolio company.

Patents

  • Represented Motorola, Symbol Technologies and their affiliates in patent litigations regarding wireless local area network, bar code reading, and radio frequency identification technologies.
  • Key trial team member that represented United States Surgical Corporation in a landmark three week trial (Ethicon v. U.S.S.C.) seeking to add unnamed co-inventor as an inventor of a patent covering an endoscopic surgical instrument known as a safety trocar. Potential damages exceeded one billion dollars.
  • Counsel to U.S.S.C. in a complex patent infringement jury trial; first-chair responsibilities included damages and counterclaims.

Copyright

  • Successfully defended The Walt Disney Company, producer Jerry Bruckheimer, and writers against a copyright infringement claim relating to Pirates of the Caribbean: Curse of the Black Pearl.
  • Successfully represented international computer software company in copyright and licensing dispute against bank holding company and affiliates.

Professional Liability

  • Represented Big Four accounting firm in a suit brought by Chapter 7 trustee claiming that the audit work performed did not comply with applicable auditing and accounting standards.
  • Successfully defended investment bank in connection with acquisition advice.

Pro Bono

  • As co-head of team of Hogan & Hartson lawyers working with The Brennan Center for Justice at NYU School of Law, successfully obtained summary judgment upholding Connecticut’s recently-enacted campaign finance reform laws against federal constitutional challenges.
  • Counsel for Congolese woman granted political asylum based on summary arrest and torture, and currently seeking derivative asylum for children.