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.
- 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.
- 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.