Cases
Noteworthy Representations: Successfully represented a certified class of employers, unions,
government entities alleging that the Sutter Health hospital system leveraged its market power to engage in anticompetitive conduct, insulate itself from competition,
charge inflated prices. Sutter agreed to pay $575 million
to comprehensive injunctive relief, including changing its practices under the supervision of a court-appointed monitor. UFCW & Employers Benefit Trust v. Sutter Health, No. CGC 14-538451 (Cal. Super. Ct.).
Successfully represented bankruptcy trustee on appeal in obtaining affirmance of a $213 million jury verdict against The Renco Group
Ira Rennert for fraudulent conveyance
breach of fiduciary duty. In re Magnesium Corporation of America, 682 F. App'x 24 (2d Cir. 2017).
Successfully represented iHeartCommunications, Inc. at trial after defeating motion to dismiss
establishing personal jurisdiction over noteholders of the company, in a dispute involving notices of default issued to iHeart in Texas. iHeartCommunications, Inc. v. Benefit Street Partners, LLC, No. 2016-CI-04006 (Tex. Dist. Ct., Bexar Cnty. May 6, 2016).
Obtained dismissal with prejudice of indemnification claims by former executives against Texas-based hospice providers. The Delaware Court of Chancery held that the former executives entered a valid
binding contract in which they gave up any indemnification rights. Curo Texas Hospice, LLC v. Kumar, C.A. No. 11665-VCL (Del. Ch. May 2, 2016).
Served as lead appellate counsel for a small drilling company alleging breach of contract against a major energy company. On appeal, successfully vacated the trial court's order granting judgment as a matter of law to the defendant
obtained a new trial, in a case involving mutual assent, mistake,
fraud. Knox Energy, LLC v. Gasco Drilling, Inc., 2016 WL 385948 (4th Cir. 2016).
Served as trial counsel in a dispute between coal companies involving claims of fraud
tortious interference. Briefed, argued,
won summary judgment on individual plaintiff's claims for millions of dollars in lost income
other damages, which the court held were derivative of injuries allegedly sustained by his company. Caperton v. A.T. Massey Coal Co., 2014 WL 3579828 (Va. Cir. Ct. Apr. 15, 2014).
In post-trial representation of a defendant accused of consigning counterfeit wine for auction, successfully reduced compensatory
punitive damages from $12.4 million to less than $1 million, defeated a request for a permanent injunction,
obtained the complete denial of a claim for $8 million in attorney's fees. Koch v. Greenberg, 14 F. Supp. 3d 247 (S.D.N.Y. 2014).
Represented various former public company executives in arbitrating tort claims against professional services firms for the fraudulent marketing
sale of tax-avoidance strategies. All claims were resolved successfully, recovering significant damages for each plaintiff. Confidential AAA Arbitrations (New York, NY
2010, 2013).
Successfully represented Burford Group, a leading litigation finance provider, in establishing the legal principle that the attorney-client privilege
work-product doctrine protect a litigant's communications with Burford. Devon IT Corp. v. IBM Corp., 2012 WL 4748160 (E.D. Pa. Sept. 27, 2012).
Represented private equity firm Thomas H. Lee Partners against a limited partner that alleged fraud
breach of contract
sought reformation of partnership agreement based on an alleged mistake. The Delaware Chancery Court granted summary judgment in favor of Thomas H. Lee Partners on claims of fraud
mistake. Great-West Investors, LP v. Thomas H. Lee Partners, L.P., 2012 WL 19469 (Del. Ch. Jan. 4, 2012).
Successfully represented infoUSA, Inc. in the district court
on appeal against claims of infringing a patent on e-mail marketing. The Federal Circuit affirmed the grant of summary judgment in a widely-cited decision confirming the efficacy of logic, judgment,
common sense to invalidate a patent on the ground of obviousness. Perfect Web Technologies, Inc. v. InfoUSA, Inc., 587 F.3d 1324 (Fed. Cir. 2009).
Successfully represented BellSouth Telecommunications, Inc. in an appeal establishing that a Kentucky statute violated the First Amendment by prohibiting providers from disclosing on consumer bills that the state had imposed a new tax on providers' gross revenues. BellSouth Telecomms, Inc. v. Farris, 542 F.3d 499 (6th Cir. 2008).
