Litigation

Business & Commercial Litigation

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 Securities Class Actions

Representation of Sogou, Inc., a foreign public company, in multi-jurisdictional class action lawsuits alleging material misrepresentations and omissions related to the company’s initial public offering.  Successfully obtained a stay of state court class actions in California in favor of a pending action in the SDNY.

Fraud and Breach of Contract Claims Arising from a Private Equity M&A Transaction

Representation of a private equity portfolio company in pursuing claims for fraud and breaches of representations/warranties against defendants who concealed tens of millions of dollars in employment tax liability during an M&A transaction.

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 tens of millions of dollars of potential liability for this client and other law firms.

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 for an international law firm during arbitration with an aggrieved former partner claiming wrongful discharge and seeking millions of dollars in allegedly unpaid compensation.

Mortgage-Backed Securities Cases in Federal and State Court

Defended various Deutsche Bank entities in a portfolio of mortgage-backed securities cases in federal and state court alleging hundreds of millions of dollars in repurchase liability related to poor quality loan portfolios.

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.