Cases
CASES TRIED OR OTHERWISE TAKEN TO JUDGMENT: DuPont v. Unifrax (2017)
Lead trial counsel for DuPont in patent infringement jury trial against Unifrax in Delaware District Court. Jury verdict for DuPont.
Drake v. Allergan (D. Vermont, 2014)
Trial counsel for Allergan in case involving claim that Botox caused pediatric patient treated for muscle spasticity to experience seizures. Cross-examined treating physician
presented causation experts. Following a two-week trial, jury returned verdict for plaintiffs. Case is on appeal.
ICU Medical Inc. v. RyMed Technologies Inc.
Lead trial counsel for RyMed Technologies in patent litigation involving ICU Medical's claims that RyMed's IV connectors infringe ICU's '866 patent. Won jury verdict in District of Delaware of non-infringement in May 2012.
Convolve, et al. v. Compaq
Seagate
Lead counsel for Compaq (now Hewlett-Packard) in patent
trade secret dispute with Convolve relating to disk drive technology in which Convolve sought hundreds of millions of dollars in damages. Retained in October 2007 to h
le expert discovery
trial after case had been pending for several years. Won summary judgment on all patent
trade secret claims. Briefed, argued
won affirmance on all but one claim in the Federal Circuit. Briefed, argued
won summary judgment in the district court on rem
.
WeightSmart Litigation
Co-lead counsel in consumer fraud class actions brought against Bayer relating to a vitamin in its OneADay franchise. On July 21, 2011, the District Court in New Jersey refused to apply the New Jersey Consumer Fraud Act to a proposed nationwide class of WeightSmart consumers
denied Plaintiff's motion to certify a nationwide class. The District Court later certified a Florida-only class. The Third Circuit took the 23(f) appeal
reversed
rem
ed the District Court based on Bayer's argument that the class was not ascertainable.
Metropolitan Mortgage & Securities Litigation (Seattle
Spokane, Washington 2006-2010)
Represented Ernst & Young in federal securities class action suit
related arbitrations surrounding the collapse
bankruptcy of Metropolitan Mortgage & Securities Co., a $2 billion investment, real estate
insurance conglomerate. Plaintiffs alleged accountants' negligence relating to audit work. Won back-to-back complete defense verdicts in separate trials involving claims for hundreds of millions in investment losses brought by Metropolitan's insurance subsidiary
the bankrupt estate. Class action case settled favorably shortly before trial.
Gr
Eagle v. ABB, Inc., et al.
Representation of ABB entities
individuals in breach of contract, trade secret theft
fraud suit stemming from the sale of a business to Gr
Eagle. Second chaired 5-day preliminary injunction hearing in which Judge denied Gr
Eagle's motion for preliminary injunction
adopted ABB's findings of fact
conclusions of law.
Hewlett-Packard Company v. EMC Corporation
EMC v. StorageApps
Representation of Hewlett-Packard in both offensive
defensive patent infringement litigation relating to networked storage systems, computer peripheral devices, printers,
other electronic data systems. Case involved assertion of numerous patent claims from 13 different patents. Second chaired a 9-day jury trial in the District Court of Massachusetts in suit brought by EMC against Hewlett-Packard. The jury returned a finding of infringement. Cases settled as part of global settlement of multiple actions.
Nicor Gas v. ComEd
Lead counsel for Nicor Gas in arbitrations regarding cost allocation for remediation at over 30 manufactured plant sites in Illinois.
Carbajal v. Household International, et al.
Lead counsel for Morgan Stanley Dean Witter entity Greenwood Trust in class action litigation relating to refund anticipation loans. Successfully briefed
argued motion to dismiss the District Court. The District Court's dismissal was affirmed by the Seventh Circuit.
Winston Laboratories v. United States Adopted Names Council, et al.
Lead counsel for USAN, the American Medical Association, the United States Pharmacopoeia
others in litigation relating to drug naming. Briefed, argued
won a motion to dismiss the case with prejudice.
Vinson v. Casino Queen
Represented Casino Queen in action arising out of alleged statutory violation for encouraging gambling by minors. Summary judgment in the District Court affirmed by the Seventh Circuit Court of Appeals.
OTHER REPRESENTATIVE CASES: Deutsche Bank AG v. Deloitte & Touche LLP
Neil F. Luria v. Deloitte & Touche LLP
Ocala Funding, LLC v. Deloitte & Touche LLP (Circuit Court, Miami-Dade County, Florida)
National lead trial counsel representing Deloitte & Touche in a multi-billion dollar accounting malpractice case concerning the failure of Taylor Bean & Whitaker, formerly one of the largest mortgage origination companies in the nation.
Turbon v. Hewlett-Packard Company
Lead counsel for Hewlett-Packard in lawsuit brought by Turbon against HP for trade secret misappropriation
false advertising. Won motion to dismiss on key counts. Case settled after motion to dismiss granted.
Static Control Components, Inc. v. Intersolution Ventures, Ltd., et al.
Lead counsel for Static Control in prosecuting claims for copyright infringement, Lanham Act violations,
various RICO violations related to software code on computer chips used in laser printer toner cartridges. Case settled favorably after discovery.
E.I. du Pont de Nemours
Co. v. Cardinal Health 200, Inc.
Representation of DuPont in breach of contract case in Davidson County, Tennessee. Case involved the manufacture of fabric used to make surgical drapes
gowns. Case settled for over 8 figures immediately before opening statements.
Confidential
Lead counsel to Fortune 500 Company in dispute
eventual mediation arising out of the disputed sale price of two companies acquired by large private equity fund for over $700 million. Case settled at mediation.
E.I. du Pont de Nemours & Co. v. Dyneon
Representation of DuPont in patent infringement suit relating to DuPont's polymer sold primarily for use in semiconductor manufacturing. Successful settlement reached after filing of claim construction briefs.
Attorney General of Canada v. R.J. Reynolds Tobacco Holdings, Inc. et al.
Representation of Canadian government in prosecution of civil RICO claim against R.J. Reynolds seeking more than $1 billion in damages caused by tobacco companies' scheme to smuggle tobacco into Canada
avoid Canadian taxes. Investigated claims, interviewed witnesses,
drafted briefs in the District Court
Second Circuit Court of Appeals.
Terra International v. Commonwealth Insurance, et al.
Represented major agribusiness in insurance coverage litigation resulting from explosion at fertilizer plant. Client recovered over $300 million in insurance proceeds. Coordinated damages case in related proceedings.
Ferguson Brothers, et al. v. CRL Industries, Inc.
Represented CRL in lawsuit involving the sale of family business to client. Case settled favorably after depositions of plaintiffs.
Gateway v. Ernst & Young
Represented Ernst & Young in suit against E&Y stemming from E&Y's software installation at Gateway. Case settled favorably after mediation.
Sears, Roebuck & Co.
Acted as in-house counsel for Sears for three months while at Mayer, Brown & Platt. Oversaw over 25 litigation matters, including Seventh Circuit Appeal, class action settlements, contract cases, real estate disputes
fraud claims.
