Financial Services and Banking Litigation

• Representing banks that are exposed to litigation arising out of their operations and relationships with customers, including claims relating to account fraud, check fraud and forged instruments, wire/electronic transfer fraud, certificates of deposit and other time deposit accounts, credit and debit card fraud, ATM fraud, and for alleged violations of check-handling and security procedures.
• Representing financial services institutions in numerous lender liability cases involving allegations of fraud and breach of fiduciary duty.
• Representing a bank in an action to recover a $14 million deficiency from borrowers and guarantors following a series of defaults on a commercial loan portfolio valued at $105 million.
• Representing a bank in an action to recover more than $8.5 million from borrowers, guarantors and fraudulent transferees following a default on a floor-plan financing arrangement.
• Representing a bank in an action to recover $1.5 million under the terms of loan agreements providing a priority security interest in the borrower’s business assets and inventory.
• Representing investment professionals against customer claims and counterclaims involving securities-related liability under federal and state securities laws.
• Representing banks against complex claims and class actions brought under the Fair Credit Reporting Act (FCRA) and state laws governing the collection and use of consumer credit information.
• Representing a major financial institution and equipment leasing company in a $100 million tax controversy with the IRS involving a cross-border leveraged lease transaction.

Representations and Warranties Insurance and M&A Post-Closing Disputes

• Representing insureds from a wide range of industry sectors, including representing both buyers and sellers as policyholders, in matters relating to representations and warranties insurance (R&W insurance or RWI).
• Representing a private equity firm in claims against R&W insurers involving complex insurance coverage issues, generally accepted accounting principles (GAAP) and damage calculations.
• Representing Silicon Valley technology company for claims under an RWI policy involving the insufficiency of assets and seller’s failure to disclose material degradation and failures in the acquired asset’s operational platform.
• Representing strategic buyer in claims under an RWI policy for losses relating to financial statement representations involving foreign tax assessments, accounts receivables, inventory, advance payments and royalties.
• Representing consumer products company in the R&W insurance claims process involving a breach of a material customer representation.
• Representing medical supply company in an R&W insurance claim involving the assessment of state nexus taxes.
• Representing buyers and sellers in post-closing representations and warranties disputes and indemnification claims involving a variety of legal theories, including breach of contract, fraud, alter ego, securities violations, and other common-law and statutory claims.
• Representing an international manufacturing company in a post-merger dispute arising out of the breach of a stock purchase agreement.
• Representing an international chemical manufacturer in connection with indemnification claims concerning contamination from a chemical plant in Houston.
• Representing buyers and sellers in post-closing working capital adjustments and earn-out provisions.

Real Estate Litigation

• Representing landlords of shopping centers, office complexes, telecommunications towers and other commercial properties in numerous lease disputes and eviction proceedings involving lease defaults, the non-payment of rent, holdover tenants, tenant allowances and tenant improvements, common area maintenance charges and other breach of lease issues.
• Representing a real estate developer in a breach of contract case involving the proceeds of an escrow account relating to an $85 million redevelopment project.
• Representing a major real estate developer in a contract dispute with a joint venture partner arising out of a total return swap transaction valued at $34 million and a buy-sell agreement for a $160 million apartment complex.
• Representing a real estate developer in a joint venture dispute regarding the sale of its partnership interest in a strip mall to a third party.
• Representing an acquired REIT against shareholder litigation alleging breach of fiduciary duty and violations of federal and state law in connection with a merger transaction.

Significant Contract Disputes

• Representing a telecommunications company and provider of fiber-optic network services in a breach of contract action involving capacity swaps and indefeasible rights-of-use agreements.
• Representing an equipment leasing company in a contract dispute against an assignor of leases alleging breach of a perfect pay provision and a $25 million guaranty under the terms of an assignment agreement.
• Representing entrepreneurs and emerging businesses in disputes involving breach of contract, fraud and indemnification claims.
• Representing an international company in a contract dispute with a third-party provider involving the breach of an information technology (IT) service agreement.
• Representing a provider of innovative products in a contract dispute involving UCC sales and warranty claims.
• Representing a contractor against claims by a labor union for fringe benefits under a collective bargaining agreement alleging alter ego and joint employer theories of liability.
• Representing a telecommunications company in a contract dispute with a joint venture partner over the payment of collected revenue associated with the delivery of long-distance phone services.
• Representing a polymer company in a $5 million contract dispute with its joint venture partner relating to a toll manufacturing agreement.

Executive and Incentive Compensation Litigation

• Representing a biomedical company against a claim by a former owner under the terms of a post-employment consulting agreement.
• Representing a corporate client in connection with employee benefits issues raised by a merger involving litigation by former high-level executives seeking salary, bonuses and other severance benefits.
• Representing a financial services company against employee claims seeking incentive compensation under an ERISA plan.
• Representing a telecommunications company in defense of litigation alleging breach of a sales commission agreement.

Directors and Officers (D&O) Litigation

• Representing members of the board of directors of a failed solar company against claims by a bankruptcy trustee alleging breach of fiduciary duty, fraud, conversion, misappropriation of trade secrets, and other statutory and common-law claims.
• Representing private equity firm officers and directors and portfolio company officers and directors of a large retailer after the company’s bankruptcy in trustee-driven litigation seeking over $30 million and alleging breaches of fiduciary duty and fraudulent transfers during the pre-bankruptcy refinancing process.
• Representing the board of directors of a public insurance company in defense of three expedited shareholder injunction actions involving an unsolicited tender offer made by the company’s majority shareholder.
• Representing the members of the board of directors of a publicly traded global manufacturer in defense of three shareholder derivative and class action complaints in Ohio and Texas, which challenged the fairness of a $2.5 billion merger transaction.
• Representing the members of the board of directors of a publicly traded national retailer in defense of two shareholder derivative and class action complaints challenging the fairness of a $1.6 billion “going private” merger transaction.

Class Actions

• Representing a large financial institution in a number of class action lawsuits brought under the Fair Credit Reporting Act (FCRA).
• Representing a large pharmaceutical company in a consumer fraud class action against individuals and third-party payers seeking damages in excess of $50 million.
• Member of the team acting as national counsel in the defense of nationwide pharmaceutical product liability litigation.

Environmental Litigation

• Representing a municipality in a Clean Water Act (CWA) enforcement action brought by the U.S. EPA and Ohio EPA regarding combined sewer overflows (CSOs).
• Representing a large manufacturing company in post-trial and appellate proceedings in a $30 million Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action.
• Representing a large corporation in matters involving contaminated properties, including toxic tort lawsuits and Natural Resource Damages (NRD) claims.
• Representing a national utility in a major New Source Review (NSR) environmental enforcement action brought by the U.S. EPA and various northeastern states under the Clean Air Act.

Non-U.S. Clients

• Representing companies from Belgium, Japan, Ireland, Great Britain and Australia in business disputes.