Cases
Noteworthy Representations: In re Dealer Management Systems Antitrust Litigation , MDL No. 2817 (N.D. Ill.)
Representing multiple individual plaintiffs in a major antitrust litigation against the two leading providers of dealer management systems, CDK Global, LLC
The Reynolds & Reynolds Company. Mr. Nemelka has spearheaded the investigation of the core claims
successfully served as lead trial counsel for Authenticom, Inc. at the preliminary injunction hearing in the Western District of Wisconsin.
iHeartCommunications, Inc. v. Benefit Street Partners, LLC , No. 2016-CI-04006 (Tex. Dist. Ct., Bexar Cnty. May 6, 2016)
Represented iHeartCommunications, Inc. in defeating motion to dismiss
establishing personal jurisdiction over noteholders of the company, in a dispute involving notices of default issued to iHeart in Texas.
In re Urethane Antitrust Litigation , MDL No. 1616 (D. Kan. 2013)
Member of the trial team that represented a class of direct purchasers in a four-week jury trial alleging price fixing by the Dow Chemical Company among others. The jury rendered a $1.2 billion dollar verdict after trebling on February 20, 2013. Prior to the trial, all of the other defendants settled with the class.
Otto v. Gore , 45 A.3d 120 (Del. 2012)
Counsel in Delaware Supreme Court appeal defending judgment by the Court of Chancery regarding the interpretation
distribution of assets of a large Delaware trust. The Court unanimously affirmed, resulting in a complete victory for the firm's clients.
Great-West Investors, LP v. Thomas H. Lee Partners, L.P. , C.A. No. 5508-VCN, 2012 WL 19469 (Del. Ch. Jan. 4, 2012)
Represented private equity firm Thomas H. Lee Partners in high-stakes dispute with its special limited partner. Case settled on favorable terms after key victory on summary judgment.
In re Trust for Gr
children , No. 1165-VCN, 2011 WL 3444569 (Del. Ch. July 29, 2011)
Member of trial team in Delaware Court of Chancery case involving the effect of a strategic adult adoption on the distribution of principal under a trust, as well as a dispute over the terms of the governing trust instrument. Court of Chancery ruled in favor of the firm's clients on all issues. Also represented co-trustees in related litigation, which settled on favorable terms.
AstroTel, Inc. v. Verizon Florida, LLC , American Arbitration Association (2010)
Lead trial counsel for Verizon in a four-day arbitration involving a contractual dispute with a local telecommunications provider. Arbitrator ruled in favor of Verizon on all claims.
New Jersey v. Sprint Corporation, et al. , 758 F. Supp. 2d 1186 (D. Kan. 2010)
Represented former CEO
COO of Sprint in securities fraud class action suit. Plaintiffs alleged that there were false
misleading statements in Sprint's proxy materials related to the executives' employment at the company. The court granted defendants' summary judgment motion, for a complete victory for the firm's clients.
In re Refco Inc. Securities Litigation , 07 MDL 1902 (S.D.N.Y.)
Represented private equity firm in a 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, including claims against Refco's law firm
auditor.
BT Triple Crown Merger Co. v. Citigroup Global Markets, Inc ., No. 08-600899 (N.Y. Sup. Ct.)
Represented private equity firms Bain Capital
Thomas H. Lee Partners in much-publicized multibillion-dollar breach-of-contract action against six banks, arising out of the banks' refusal to honor their commitment to finance the Clear Channel Communications leveraged buyout transaction. Expedited discovery was conducted in less than six weeks. Immediately before trial in New York state court, our clients prevailed on their argument that specific performance was an available remedy. The parties settled shortly thereafter, with the banks agreeing to finance the transaction.
