Cases
Representative Cases: 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.
FGIC Ad Hoc Group of Investors: Acted as lead co-counsel to an ad hoc group of investors, comprised of hedge funds
insurance companies, in nine Countrywide residential mortgage-backed securities trusts insured by Financial Guaranty Insurance Company (FGIC) in facilitating a $950 million settlement among Bank of America, FGIC,
BNY Mellon as Trustee for the nine trusts. The settlement, the first of its kind involving a mono-line insurer
bondholders working together to resolve mortgage repurchase claims, provides for more than $355 million in direct recoveries from Bank of America to the RMBS Trusts, while FGIC received almost $585 million. Bondholders also will recover, along with all other FGIC creditors, a share of the approximate $585 million FGIC recovery when it makes future distributions to policyholders as part of its Plan of Rehabilitation, which was submitted
confirmed last year. The settlement did not require any court approval
has already been funded. The settlement has been recognized as providing superior value to investors as compared to prior settlements.
Mortgage Guarantee Insurance Corp. v. Lehman Brothers, Inc.: Representing MGIC against Lehman Brothers, Inc. for fraud
breaches of representations
warranties related to mortgage loans insured by MGIC. Case pending in United States Bankruptcy Court, Southern District of New York.
Law Debenture Trust: Co. of New York: Retained by Special Trustee, Law Debenture Trust Company of New York, to investigate whether mortgage loans complied with representations
warranties made by the seller of the loans
to enforce the seller's repurchase obligations for the loans that breached those representations
warranties.
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.
ACP Master, Ltd., et al. v. Bank of America, et al.: Represented certain holders of Fontainebleau debt in their actions against numerous financial institutions for breach of contract.
Ocean Ridge Capital Advisors, LLC as Trustee v. Metropolitan Life Insurance Co., et al.: Represented the litigation trustee of Meridian Automotive Systems Litigation Trust against numerous financial institutions
former directors
officers for alleged preferential
fraudulent transfers, breach of fiduciary duties
aiding
abetting breach of fiduciary duties, among other claims.
Stanfield Offshore Leveraged Assets, LTD., Stanfield Ultra, LTD., Camulos Master Fund LP, DK Acquisition Partners, L.P.,
Quadrangle Master Funding LTD. v. Metropolitan Life Insurance Co., et al.: Represented holders of Meridian Automotive Services debt in their action against numerous financial institutions, alleging aiding
abetting fraud
breach of fiduciary duties.
Private Equity Purchasing Company: Represented the purchaser in an arbitration related to a post-closing adjustment
indemnification claims related to accounting issues.
Lectrolarm v. Sensormatic Electronics Corporation: Represented Sensormatic in a patent infringement suit brought by Lectrolarm. The case is currently pending in the Western District of Tennessee. The patent is currently being reexamined by the U.S. Patent Office.
Elbex v. Sensormatic Electronics Corporation
Tyco International: Represented Sensormatic
Tyco International in suit brought by Elbex. Elbex alleged that Sensormatic
Tyco infringed its patent
engaged in tortious interference with a contract
prospective business relationships related to a construction project in Singapore. The patent claims were settled for nuisance value
the remaining claims were dismissed.
Genlyte v. Acuity Br
s: Represented Lithonia Lighting, a division of Acuity Br
s, in a patent infringement suit brought against it in the Northern District of Kentucky (Louisville) by competitor Genlyte. Took over case shortly before trial following adverse summary judgment ruling on infringement. The case settled.
NaPro Biotherapeutics, Inc. et al. v. University of Pennsylvania et al.: Represented NaPro
the University of Delaware in a trade secrets dispute with the University of Pennsylvania
several researchers. Case resolved with defendants withdrawing a grant application NaPro alleged contained its trade secrets
promising not to use NaPro trade secrets in the future.
CASES TRIED OR OTHERWISE TAKEN TO JUDGMENT: Marlus Hardi v. Bayer: Represented Bayer in suit brought by a stroke patient for Bayer's previous use of the decongestant phenylpropanolamine (PPA) in Alka-Seltzer Plus cold medicine. Ms. Hardy claimed to have used Bayer's product before her stroke
claimed the product was the cause of her stroke. Case was tried for six weeks before a Utah jury in 2005. Complete defense verdict.
Naftali, et al. v. DuPont: Mass toxic tort action brought by 1600 plaintiffs alleging environmental contamination by DuPont blasting cap plant over a 92-year period. (Superior Court, Passaic County, New Jersey) Represented DuPont in ten-week jury trial of personal injury, medical monitoring,
punitive damages claims of ten plaintiffs. Court dismissed punitive damages claims at close of evidence. Jury awarded no damages to 7 of 10 plaintiffs. Jury verdict for 3 plaintiffs, awarding damages totaling less than $500,000.
FTD v. Teleflora
AFS: Represented FTD in arbitration against Teleflora
AFS for breach of contract relating to minimum annual order fees under agreements to provide access to FTD's Mercury Network. After a three-day trial, the arbitrator issued an award in favor of FTD.
Nicor Gas Co. v. Utility Dynamics: Represented Nicor in suit to recover damages to Nicor's gas lines caused by Utility Dynamics excavation. First chaired trial. Verdict
damages entered for Nicor.
Khan v. Nicor Gas Co.: Represented Nicor in suit brought by Khan seeking damages resulting from damage to property. First chaired trial. Complete defense verdict for Nicor.
Competition Law Group v. EnjoyLife: Counsel for Competition Law Group at jury trial of breach of contract claim
malpractice counterclaim arising from EnjoyLife's refusal to pay attorneys' fees. The jury returned a complete verdict for Competition Law Group.
