Cases
Noteworthy Representations: Served as co-lead trial counsel defending Facebook, Inc., against antitrust claims brought by Social Ranger, LLC, relating to social games on Facebook. The case settled shortly before trial. Social Ranger, LLC v. Facebook, Inc. (D. Del.).
Served as lead counsel for Bain Capital, Thomas H. Lee Partners,
iHeart Media defending against claims of breach of fiduciary duty in derivative action relating to iHeart's relationship with its subsidiary Clear Channel Outdoor Holdings. Obtained dismissal of all claims in Delaware Chancery Court. Presented argument in Delaware Supreme Court
won summary affirmance. GAMCO Asset Management, Inc. v. iHeart Media, Inc., et al. (Del. Ch.
Del. Sup. Ct.).
Served as lead trial counsel representing iHeart Communications, Inc. in a dispute with noteholders who had issued notices of default to iHeart on more than $6 billion in debt. Obtained temporary restraining order rescinding the notices of default
, after an expedited trial on the merits, won a declaratory judgment that the indentures governing iHeart's notes permitted the challenged transaction
also won a permanent injunction rescinding the notices of default. iHeart Communications, Inc. v. Benefit Street Partners (Tex. Dist. Ct. Bexar Cnty.).
Served as lead trial counsel representing Alpha Natural Resources' subsidiary A.T. Massey Coal Company in a long-running
highly publicized lawsuit brought by Hugh Caperton
his coal companies asserting claims of fraud
tortious interference. Prior to Mr. Huff's involvement, plaintiffs had won a jury verdict in West Virginia against Massey for more than $50 million. After that verdict was overturned on appeal, plaintiffs brought the same case in Virginia, this time seeking more than $100 million in damages. Massey hired Mr. Huff for the Virginia trial. After a 5-week trial, the jury awarded only $5 million. The trial court granted a new trial on damages but further proceedings were stayed due to Alpha's unrelated filing of bankruptcy. Caperton v. A.T. Massey Coal Co . (Va. Cir. Ct.).
Served as lead counsel representing a major private equity firm in a lawsuit against a big four accounting firm for fraud
related claims arising out of the private equity firm's investment in a company in a foreign country. Defeated motion to dismiss for lack of personal jurisdiction, forum non conveniens,
failure to state a claim. The case settled before trial.
Served as lead counsel representing two private equity firms
several members of the board of directors of Clear Channel Outdoor Holdings, Inc. ( CCOH ) in connection with a shareholder derivative claim relating to transactions between CCOH
its parent company. In re Clear Channel Outdoor Holdings, Inc. Derivative Litigation, C.A. No. 7315-CS (Del. Ch. Ct.).
Represented a private equity firm in multidistrict litigation in the Southern District of New York arising out of the collapse of Refco, then the largest independent derivatives execution
clearing firm in the world. Brought claims on behalf of private equity firm against Refco's former law firm
auditor. Both cases settled before trial. In re Refco Inc. Securities Litigation, 07 MDL 1902 (S.D.N.Y.) (Rakoff, J.).
Represented two private equity firms in a multi-billion dollar lawsuit against six prominent banks to force them to fulfill their commitment to finance a leveraged buyout of Clear Channel Communications. At the beginning of an expedited trial, the case settled with the banks agreeing to fund the transaction. BT Triple Crown Merger Co. v. Citigroup Global Markets, Inc., No. 08-600899 (N.Y. Sup. Ct.).
Represented a private equity firm in a dispute regarding a partnership agreement, which raised issues of fraud, breach of fiduciary duty,
mistake in contract. Immediately before trial in Delaware Chancery Court, the Court granted partial summary judgment in favor of the private equity firm
the case settled shortly thereafter. Great-West Investors LP v. Thomas H. Lee Partners, LP, C.A. No. 5508 (Del. Ch. Ct.).
Part of the trial team that won a $318 million judgment in federal court on behalf of a technology startup company against a major ultrasound manufacturer for fraud
unfair trade practices. Examined witnesses at trial
successfully presented oral argument against motion for directed verdict. Volumetrics Medical Imaging, Inc. v. ATL Ultrasound, Inc., No. 1:01-CV-00182 (M.D.N.C.).
Represented a Fortune 200 company in the insurance industry in investigation by the Securities
Exchange Commission
Department of Justice into alleged violations of the Foreign Corrupt Practices Act. The DOJ declined to prosecute
the SEC took no enforcement action.
Represented a Fortune 500 company in the energy industry in two investigations by the Securities
Exchange Commission
Department of Justice into alleged violations of the Foreign Corrupt Practices Act. After the first investigation, the client received a declination of criminal prosecution from the DOJ
an administrative sanction from the SEC. After the second investigation, the DOJ praised the client's cooperation as sincere, complete,
exceptional, agreed to defer
ultimately to dismiss a criminal prosecution of the company,
recommended a substantially reduced fine against a subsidiary as a reward for cooperation.
