Litigation

Won dismissal of federal securities claims against Goldman Sachs Execution & Clearing LP and SLK-Hull Derivatives LLC in Chicago federal court in options specialists case.

Won acquittal on eight of 11 counts for former in-house lawyer at Hollinger International, after four-month trial in Chicago federal court on “theft of honest services” charges. Conviction on remaining three counts reversed by the U.S. Supreme Court. 

Represent and advise numerous fund managers in insider trading investigations by the SEC and other government agencies into the use of expert networks.

Won $100-million award for ABN AMRO and defeated counterclaim for $260-million purchase price reduction in arbitration stemming from ABN AMRO’s sale of LaSalle Bank, its U.S. subsidiary, to a top-tier U.S. bank.

Successfully represented major worldwide sporting brand in international arbitration with European licensee involving issues of interface between U.S. and EU law.

Won acquittal for president of former Congressman Rick Renzi’s family insurance firm on conspiracy and insurance fraud charges after month-long jury trial in Arizona federal court.

Represent hedge funds in connection with SEC investigations under Rule 105 of Regulation M.

On behalf of private equity firm Pouschine Cook Capital Partners LP, won Connecticut Supreme Court’s unanimous affirmance of trial court’s dismissal of all claims brought by two minority shareholders of Latex Foam International Holdings Inc. against Pouschine Cook, Latex Foam’s Board and certain shareholders of the company.

Successfully defended the former chief scientist of Merck & Co. and president of Merck Research Laboratories in a high-profile securities class action and related cases concerning the painkiller Vioxx.

Won dismissal of “failure to supervise” charges against former CEO and chairman of Knight Trading Group, on appeal to FINRA’s National Adjudicatory Council.

Successfully represented numerous hedge fund managers in connection with investigations by the SEC and other regulators relating to private investments in public equity securities (PIPEs).

Represent bank in antitrust class actions and individual actions in Manhattan federal court alleging bid-rigging conspiracy involving sale of municipal derivative products to state and local bond issuers.

Awarded summary judgment on behalf of the Creditors’ Committee in the Colonial BancGroup bankruptcy in Alabama, defeating the FDIC’s $1-billion claim. 

Represented large U.S. commercial bank in DOJ proceeding stemming from foreign criminal investigation into alleged money laundering, bribery and other crimes by one of the bank’s foreign clients.

Won dismissals of two securities class actions in Los Angeles federal court relating to public company client’s stock options grants and its descriptions of relationship with a major new distributor.

Represented several major securities firms in FINRA investigations into the firms’ anti-money laundering programs, resulting in favorable settlements.

Following precedent-setting ruling from New York State’s highest court in a class action filed by SRZ and the New York Civil Liberties Union, secured a historic settlement in Hurrell-Harring v. New York that will reform the state’s public defender system.

Represented The Blackstone Group and Cerberus Capital Management affiliates in New York state and federal bankruptcy courts in dispute with U.S. Shipping Partners LP over control of joint venture for construction of five oil tankers. 

Defeated CSX Corporation’s efforts in Manhattan federal court to prevent The Children’s Investment Fund from voting its shares in midst of bitter proxy contest.

Represented major brokerage firm in investigations by the SEC, the New York Attorney General and the Commonwealth of Pennsylvania relating to sale of auction rate securities.

Advised former managing director of Goldman Sachs Structured Products Group Trading in U.S. Senate investigation into causes and consequences of the 2008 financial crisis.

On behalf of a global, publicly-traded telecom, conducted internal investigation into possible FCPA violations by a reseller.

Defended former student loan executive in investigations by Congress, the U.S. Department of Education, the New York Attorney General and various other state attorneys general into student lending practices.

Won jury verdict in Manhattan federal court absolving Bear Stearns of liability as clearing broker in connection with fraud by principal of Manhattan Investment Fund. Also obtained dismissal of Bear Stearns from class actions and individual action brought by that fund’s investors.

Negotiated favorable plea agreement for U.S. taxpayer who had maintained a Swiss securities account, resulting in no prison time.

Conducted internal investigation on behalf of the Audit Committee of Penn Traffic Company, a major supermarket chain, into alleged accounting fraud involving promotional allowances.