Cases
Representative Cases: Elliott Associates L.P. v. AbbVie Inc.: (State Court, Illinois)
Representing investment fund in fraud case brought in Cook County Circuit Court
currently pending in the United States District Court for the Northern District of Illinois.
Massachusetts Mutual Life Ins. Co. Residential Mortgage-Backed Securities Litigation: (Federal District Court, District of Massachusetts)
Represented MassMutual in its actions under the Massachusetts Uniform Securities Act, against underwriters Credit Suisse
Goldman Sachs, arising from their sales of residential mortgage-backed securities to MassMutual in 2005-2007. Credit Suisse settled after four weeks of trial, taking an additional $79.5 million charge to earnings because of the settlement payment. Goldman Sachs settled shortly thereafter.
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.
Hedge Fund Litigation Counseling - Residential Mortgage-Backed Securities: Counsel to numerous hedge funds on issues involving rights
remedies of securitization certificate holders
securitization trusts, including review of documentation, design of legal strategies,
negotiation with adverse parties.
Aspirin Combination Products Litigation: Represented Bayer in an MDL comprised of 11 alleged class actions relating to Bayer aspirin combination products. MDL in Eastern District of New York.
Confidential Arbitration: Represented Fortune 500 medical device manufacturer in dispute with private equity firm stemming from the firm's acquisition of client's subsidiary. Case settled favorably.
ACP Master, Ltd., et al. v. Bank of America, N.A., et al.: Represented hedge funds in action for breach of contract against lenders that failed to fund the construction of the Fontainebleau casino in Las Vegas. Case filed in New York 2009.
Private Equity Fund Arbitration: Represented private equity fund buyer of company in post-closing
indemnification dispute with private equity fund seller of company. Case settled 2009.
Amaranth LLC v. J.P. Morgan Chase & Co.: Represented hedge fund
trading advisor in their action for breach of contract
tortious interference with prospective economic advantage against investment bank, commercial bank,
futures commission merchant.
DK Acquisition Partners, L.P., et al. v. J.P. Morgan Chase & Co., et al.: Represented holders of more than $1 billion in Enron bank debt in their action against J.P. Morgan Chase & Co., Citigroup
affiliates, alleging fraud
other wrongdoing based on defendants' knowledge of
participation in scheme to conceal Enron's true financial condition. Case settled 2009.
Racepoint Partners LLC v. JPMorgan Chase Bank: Represented holders of more than $1 billion in Enron bonds in their action against JPMorgan Chase Bank as indenture trustee, alleging breach of contract, breach of implied duty of good faith
fair dealing,
breach of fiduciary duty.
Bayer Pharma v. Watson & Lupin Ltd.: (D. Del.)
Trial counsel for Bayer in Hatch-Waxman litigation against challengers seeking to market a generic version of the oral contraceptive Natazia . Complete trial victory for Bayer.
Las Vegas Hepatitis C Litigation: (District Court, Clark County Nevada, 2013-14)
Lead counsel
trial counsel for Defendants. Provided strategic direction
coordinated trial teams in litigation encompassing over 40 individual cases, pending before approximately 20 different judges in state court in Las Vegas. Plaintiffs were individuals who claimed to have contracted Hepatitis C during endoscopy procedures performed at clinics that were on Defendants' networks of approved healthcare providers. Defendants were health plans
other entities affiliated with United Healthcare.
Martin v. Pacificare of Nevada: Trial counsel for PacifiCare of Nevada on claims for negligence
punitive damages. Worked extensively on trial witness preparation
direct examination outlines. Tried case to verdict. The jury found compensatory damages substantially below the amount awarded in previous trials arising out of the same events
denied plaintiffs' claim for punitive damages.
Rago v. Federal Signal: Represented Federal Signal at trial of product liability claims made by firefighters who allege that they have noise-induced hearing loss from exposure to sirens.
Confidential v. Novartis: Represented Novartis in an arbitration involving claims that Novartis breached a contract for the development of a drug compound licensed from a third party.
