Representative Litigation and Arbitration Matters
Major Trials

Represented Indian tribe in litigation against the state and town in respect of status as an Indian tribe, status of tribal lands and right to build on tribal lands. Trial in the Eastern District of New York involved complex issues of federal preemption, as well as experts in anthropology, history, land use, title, air quality, environmental impacts, and lasted more than 30 days.

Representing investor in Tanzanian power plant in litigation with copartner, prime contractor and funding banks. Trial is taking place in the High Court of Tanzania. Amount at stake approaches half a billion dollars—possibly the largest claim tried in that court. Trial currently on hiatus due to interlocutory appeal but expected to last at least eight more weeks.

Appeals

Represented clients in appeals in federal and state court. Briefed a major unsettled issue of partnership law in the Second Circuit and on a certified question to the New York Court of Appeals on behalf of numerous major law firms. Won in New York Court of Appeals 7 – 0 on every issue presented.

Securities Litigation

Represented financial institutions and their officers in “earnings management” class actions brought under the Securities Act and Exchange Act.

Represented financial institution and employees in “analyst independence” class actions.

Represented several financial institutions and their officers in RMBS-related class actions.

Represented major pharmaceutical company in class action related to FDA non-approval of drug expected to be a potential blockbuster.

Represented CFO of major corporation in securities class action arising from bailout of AIG.

Taught training for associates in securities litigation at major law firm.

Commercial & Financial Litigation & Arbitration

Represented life settlements company against negligence and breach of contract claims and denial of coverage from insurer, and obtained a mediated, favorable settlement that included the insurer’s coverage of litigation expenses.

Represented major foreign bank in winning dismissal of $6 billion in fraud and other claims.

Represented multinational in fraud and breach of contract action regarding chemical characteristics and fitness-for-use of plastics.

Defended a multinational bank from class-actions regarding investments in Madoff Ponzi scheme.

Represented Mexico in litigation and settlement of claims under the Foreign Sovereign Immunities Act involving Mexico’s resolution of withholding and savings funds from the Braceros Program.

Defended the Republic of Congo against debt holders who attempted to garnish Congolese oil revenue in Texas.

Represented noteholders of defaulted bonds issued by Indonesian company in New York State Supreme Court.

Represented satellite builder and service provider in AAA ICDR arbitration.

Represented catastrophe bond holder in arbitration.

Internal Investigations

Negotiated favorable treatment from FTC for individual nutraceutical client embroiled in larger dispute between FTC and corporation, including limiting response to Civil Investigative Demands and interrogatories.

Investigated and negotiated favorable treatment from DOJ in FCPA investigation of Brazilian subsidiary of Fortune 50 Company.

Represented multinational corporation in Foreign Corrupt Practices Act investigation of bribes and gifts in exchange for government procurement contracts in several European and Middle-Eastern countries.

Represented CEO of major company in connection with Audit Committee and SEC investigation.

Represented Audit Committee in conducting investigation of newly-public company with respect to sales practices.

Conducted internal audit of processes at financial institution following unexpectedly large FINRA award.

Represented CEO of major company in connection with Audit Committee and SEC investigation.

Trained attorneys in Foreign Corrupt Practices Act investigation techniques and general liability issues.

Representative Transactional Matters
Mergers & Acquisitions

Represented IZI Medical Products, Inc., a family-owned business providing medical markers used in image guided surgery, radiology, and radiation therapy procedures, in its sale to private equity firm, Riverside Partners LLC.

Represented PHH Corporation in planned (but ultimately failed) $1.8 billion sale of mortgage origination and servicing business, and vehicle leasing business to the Blackstone Group and General Electric Capital Corporation, respectively.

Capital Markets

Represented the underwriters in two follow-on $70M and $80M offerings of common stock of Citi Trends, Inc., a value-priced retailer of urban fashion apparel and accessories.

Deal counsel as to U.S. and French law with respect to a series of issuances of trust preferred securities by BNP Paribas Capital Trust I, Paribas Capital Trust II, Paribas Capital Trust III, Paribas Capital Trust IV, Paribas Capital Trust V, and Paribas Capital Trust VI, in transactions that raised Tier II capital for the bank.

Deal counsel for medium-term note offering under the BNP Paribas US Medium-Term Note Program.

Represented underwriters in the €693M IPO of Euronext NV, including its listing on its own exchange,  a retail offering in France, Belgium, and the Netherlands and an institutional offering inside and outside those three countries, including an offering to U.S. institutional investors pursuant to Rule 144A.

Representation of the managers in a €460 million French public offering of bonds issued by Rallye SA, exchangeable for ordinary shares of its subsidiary Casino, a leading French food retailer.

General Business Advising

Advised Australian LLC on corporate structure and employment law issues.