Complex Commercial Litigation
The ownership, control and financing agreements made within the private capital arena often involve multiple parties and jurisdictions, detailed side arrangements, extensive modeling and sophisticated structuring — which means that when disputes occur, they are rarely straightforward.
Services
- Class actions and multi-district litigations (MDLs)
- High-stakes contract disputes, including matters involving financing, joint venture, research and development, and licensing agreements
- Disputes concerning corporate ownership and governance, including shareholder agreements, tender offers, proxy contests, consent solicitations
- “Business divorce” cases involving partnerships, LLCs and closely held corporations
- Breach of fiduciary duty claims, including derivative suits challenging the actions taken by officers and directors of publicly held and private companies
- Business torts, fraud claims, and aiding and abetting claims
- Internal investigations
- Alter ego claims relating to portfolio companies and their private equity sponsors
- Fraudulent conveyance actions challenging the validity of transfers made in connection with corporate transactions, including LBOs
- Trade regulatory and antitrust matters
Representations
Representing 173 partners of one of the world's largest law firms in a victory in a major lawsuit brought by a past landlord for over $200 million.
Representing the United Mexican States in seeking a declaratory judgment that BP Oil and other named defendants are jointly and severally liable for removal costs and damages, including natural resource damages, under the Oil Pollution Act of 1990 resulting after the Deepwater Horizon oil spill, where more than five million barrels of oil were discharged into the Gulf of Mexico.
Representing a national retirement fund in litigation pending in a large entertainment operating company bankruptcy in Chicago on issues arising out of the fund's decision to have certain company entities withdraw from a portion of the fund.
Representing one of the largest owners of private schools in the world in several matters totaling more than $1 billion.
Representing one of the world’s largest inter-dealer brokers in a series of arbitrations and litigations to recoup damages following a competitor’s raid of our client in which the competitor poached 80 brokers, including members of senior management. Recovered over $130 million in those cases on behalf of our client.
Representing a group of secured creditors in an adversary proceeding against the Chapter 11 debtor’s controlling equity holders.
Representing multiple labor union pension funds in actions regarding withdrawal rights arising from their investment of more than $100 million in a real estate investment trust.
Representing the former chief scientist of a major pharmaceutical company in connection with hundreds of related securities fraud, derivative, ERISA, and personal injury actions stemming from the worldwide withdrawal of one of the company’s products.
Successfully obtained federal jury verdict in favor of a leading prime broker, establishing a “good faith” defense in a $140-million fraudulent transfer case.
Achieved a favorable settlement for multiple defendants in a Chapter 11 case after presenting a solvency analysis that undermined many of plaintiff’s primary claims.
Represented one of the world’s largest private equity firms in a contractual obligations suit dismissing various “alter ego” and “piercing the corporate veil” theories of liability.
Successfully defended a major law firm and two of its partners in a $200-million malpractice action.
Successfully represented a global private equity firm against claims of fraud and alleged misrepresentations by forcing the court to dismiss the claim from the bench after proving the plaintiff’s failure to state a claim and failure to allege facts sufficient to pierce the corporate veil.
Represented a Dutch banking institution in a software license rights dispute relating to the sale of its U.S. retail banking business.
Filed a multi-defendant action in connection with the Deepwater Horizon oil spill seeking a declaratory judgment that the defendants are jointly and severally liable for removal costs and damages caused by the spill.
Achieved a favorable settlement in a derivative action brought by a disgruntled shareholder alleging that our client and its directors had improperly diluted stock, overcompensated its officers, and engaged in other alleged misconduct.
Obtained a judgment granting a pre-discovery motion for summary judgment on behalf of our clients, creditors of the debtor in a bankruptcy case, after arguing that a disputed amendment to a credit agreement had been obtained in violation of contractual provisions.