Representative Matters
Media Company Dispute With Former CEO and Founder
Representation of a national media company in connection with a dispute implicating intellectual property, employment, partnership, and other concerns related to the departure of a former CEO and current limited partner and the launch of a competing business.
Defense of Federal and State Section 11 Securities Class Actions
Representation of Sogou, Inc., a foreign public company, in multi-jurisdictional class action lawsuits alleging material misrepresentations and omissions in violation of Section 11 of the Securities Act of 1933 related to the company’s initial public offering. Successfully obtained a stay of state court proceedings in California in favor of a pending action in the SDNY, and thereafter obtained complete dismissal of the SDNY action. See Jiajia Luo v. Sogou, Inc., 465 F. Supp. 3d 393 (S.D.N.Y. 2020).
Contract and Fraud Claims Arising from a Private Equity M&A Transaction
Representation of a private equity portfolio company in pursuing $50 million contract and fraud claims arising from the concealment of tax liability during an M&A transaction. Obtained a rare sanction for witness intimidation in a civil matter against the principal defendant, and successfully achieved a favorable resolution for the client.
Breaches of Contract and Fiduciary Duty Involving Losses in Excess of $280M
Representation of Triaxx, a CDO issuer, in litigation against RMBS trustees for breaches of contract and fiduciary duty involving losses in excess of $280 million.
Unfinished Business and Fraudulent Conveyance Claims
Successfully defended Dechert LLP against “unfinished business” (Jewel v. Boxer) and fraudulent conveyance claims in the SDNY, Second Circuit and New York Court of Appeals. Based on this advocacy, the New York Court of Appeals issued a landmark decision repudiating the “unfinished business” doctrine, which avoided hundreds of millions of dollars of potential liability for this client and other law firms. See In re Thelen LLP, 24 N.Y.3d 16 (N.Y. 2014).
Breach of Contract Action Involving a $30M Participation Interest in a Loan Facility
Representation of Sumitomo Mitsui Banking Corporation, a major Japanese bank, in a breach of contract action involving a $30 million participation interest in a loan facility.
Arbitration with an Aggrieved Former Partner Claiming Wrongful Discharge
Obtained a complete dismissal of claims on behalf of an Am 100 firm during arbitration with an aggrieved former partner claiming wrongful discharge and seeking millions of dollars in unpaid compensation.
Claims Arising from a Private Equity M&A Transaction
Representation of a private equity portfolio company in pursuing claims for breaches of representations and warranties against defendants who concealed tens of millions of dollars in employment tax liability during an M&A transaction.
Defense of Am Law 100 Firm in Malpractice Action Alleging Transactional Negligence
Defense of a top 10 Am Law firm against claims alleging legal malpractice in connection with a complex corporate finance transaction and the drafting of underlying loan documents.
Representation of Former CEO Asserting ERISA and Contract Claims
Representation of former CEO of Flagstar Bank in pursuing claims for approximately $16 million in unpaid compensation in violation of ERISA and operative agreements. Successfully defeated defendant’s motion to dismiss. See Campanelli v. Flagstar Bancorp, Inc., 2020 WL 5350245 (S.D.N.Y. Sept. 4, 2020).
Dispute With Controlling Fund Sponsors Regarding Investment Restructuring and Sale of Assets
Successfully represented holders of $120M in preferred and common equity in a dispute with controlling fund sponsors regarding investment restructuring and sale of assets.
Represent Commercial Property Owners in Lawsuits Alleging Bodily Injury and Property Damage
Represented commercial property owners in lawsuits alleging bodily injury and property damage claims arising out of alleged exposure to mold.
Represented the Massachusetts Bay Transportation Authority in a Lawsuit Brought by an Unsuccessful Bidder
Represented the Massachusetts Bay Transportation Authority in a lawsuit brought by an unsuccessful bidder challenging the award of a $155M contract for paratransit services known as THE RIDE. Kiessling Transit Inc. v. Massachusetts Bay Transportation Authority, et. al.
Represented the Massachusetts Transportation Authority in a Series of Lawsuits Brought in the Massachusetts Trial and Appellate Courts
Represented the Massachusetts Transportation Authority in a series of lawsuits brought in the Massachusetts trial and appellate courts challenging the award of a $100M contract for the manufacture and installation of system-wide automatic fare collection equipment. Cubic Transportation Systems, Inc. v. Massachusetts Bay Transportation Authority, et al.; Thales e-Transaction, CGA v. Massachusetts Bay Transportation Authority.