Representative matters in these areas include the following:

Structured Finance and Derivatives Disputes

  • Brookfield Asset Management in claims relating to interest rate swaps. Brookfield resolved the claims for a $500 million gain.
  • A foreign institutional investor in claims against financial institutions arising to CDOs.  Our client has recovered more than $200 million.
  • Several world-class hedge funds in structured finance disputes.
  • A US bank in several disputes with other financial institutions concerning CDOs. Our client recovered more than $100 million.
  • Chesapeake Energy in a well-publicized trial against a trustee concerning the timeliness of a redemption of a $1.3 billion bond offering.

Other Plaintiff-side Disputes

  • A bank defrauded by false valuations.  Our client recovered most of its losses.
  • A foreign trading company in suits against three Wall Street banks, which yielded settlements totaling several hundred million dollars.
  • A major biotech company in a trade secrets claim against a Fortune 500 pharma company. Our client proved theft of its trade secrets.

Securities Class Actions

  • Dismissal of 10b-5 claims against American Express arising out of the nonrenewal of its co-branding relationship with Costco.
  • Dismissal of 10b-5 claims against Curaleaf.
  • Four underwriters in the historic WorldCom class action.
  • 90 tech companies in the IPO laddering cases.

M&A Disputes

  • A cannabis company in a lawsuit alleging breach of a no-shop provision.
  • Clients in several disputes with minority investors raising claims of improper dilution, self-dealing, or other breach of fiduciary duty.
  • Numerous companies in disputes relating to purchase price adjustments, working capital, and earn-outs.

Real Estate Disputes

  • Several leading real estate firms and investors in matters relating to the origination, sale, securitization, and servicing of commercial and residential mortgages.
  • A CMBS special servicer in disputes with borrowers and with investors.
  • A real estate developer in a $50 million dispute with a minority investor.  Our client prevailed after a 7-week trial.

Regulatory Matters

  • The CEO of a major mutual fund in the first trial of SEC charges alleging fraudulent market timing;
  • Individuals in several recent SEC enforcement actions concerning marketing and structuring of CDOs.
  • Traders, hedge fund executives and others in matters involving insider trading, bribery, tax fraud and otherwise.
  • An individual in a seven-week trial in federal court concerning a multi-million dollar insurance fraud.