Cases
Representative Cases: Elliott Associates, L.P. v. Porsche SE
Represented hedge funds in securities fraud
manipulation lawsuit against Porsche SE related to Porsche SE's attempted takeover of Volkswagen AG in 2008. Damages in excess of $1 billion. Case on appeal to Second Circuit. Companion case pending in New York state court. Hedge Fund Litigation Counseling - Residential Mortgage-Backed Securities
Counsel to 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. 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. Damages in excess of $1 billion. Case pending in New York state court
New York appellate court. Stanfield Offshore Leveraged Assets, Ltd., et. al., v. Metropolitan Life Insurance Company, et. al. Represented group of investment funds in suit against former creditors of bankrupt corporation for aiding
abetting fraud
breaches of fiduciary duties. Case pending. ACP Master, Ltd., et al. v. Bank of America, et al. Represented certain holders of Fontainbleau in their actions against financial institutions for breach of contract. Ocean Ridge Capital Advisors, LLC v. Metropolitan Life Insurance Company, et. al. Represented litigation trustee in preference
fraudulent transfer actions against former creditors of bankrupt corporation. Case settled. Dominico Gullone, et. al. v. Bayer Corporation, et. al. (United States District Court, Northern District of Illinois)
Represented Bayer in products liability action brought by users of Bayer's factor concentrate products. Case pending. Morgan Stanley Dean Witter & Co. v. Chubb Group of Insurance Companies, et. al. (Superior Court of New Jersey, Law Division, Union County)
Represented Morgan Stanley in suit seeking enforcement of insurance policies against Chubb
various other insurers. Case settled. RealNetworks, Inc. v. Microsoft Corp. (United States District Court, District of Maryl
)
Represented RealNetworks in antitrust suit against Microsoft. RealNetworks obtained a $761 million settlement. Bradburn Parent/Teacher Store, Inc. v. 3M (Minnesota Mining
Manufacturing Company) (United States District Court, Eastern District of Pennsylvania)
Represented 3M in class action antitrust suit brought by purchasers of 3M's br
ed transparent
invisible tape product.