Lion Capital –
Represents Lion Capital, Lion Capital (Americas) and Big Catch Cayman in antitrust multidistrict civil and related criminal litigation concerning alleged price-fixing in the packaged seafood industry, and in which civil plaintiffs seek over $1 billion in damages. Obtained dismissal of plaintiffs’ claims against Lion Capital and Big Catch.
Pabst Brewing Co. –
Represented Pabst as plaintiff against MillerCoors in a $500 million contract and unfair competition lawsuit, arising from breach of the parties’ Brewing Agreement, in Milwaukee County Circuit Court. Lead trial counsel in three-week jury trial.
Canadian Pacific Railways Limited –
Represented Canadian Pacific Railways Limited (CP) in its $31 billion deal to acquire Kansas City Southern, defeating a competing bid by Canadian National. Successfully persuaded the Surface Transportation Board—an agency that oversees competition in the freight rail industry—to allow CP to use a voting trust, a key component of CP’s successful bid.
Navistar International –
Acts as counsel to Navistar in connection with its joint ventures with TRATON (formerly Volkswagen Truck & Bus GmbH), following TRATON’s $250 million investment in Navistar.
Fiserv –
Acted as antitrust counsel to Fiserv in connection with securing clearance, following receipt of a Second Request from the U.S. Department of Justice, of Fiserv’s proposed $22 billion acquisition of First Data Corp.
Ally Financial –
Represented Ally Financial in multiple antitrust class actions relating to trading of GameStop and other stocks in so-called "short squeeze" purchases.
LendingClub –
Represents LendingClub in defense of Delaware Chancery Court and federal derivative litigations arising from the Company’s 2016 restatement of earnings.
Nippon Steel & Sumitomo Metal Corporation –
Acts as antitrust counsel to NSSMC in connection with the operation of a number of its United States joint ventures.
Amgen –
Represented Amgen in merger and related securities and derivative litigation arising from its $10 billion acquisition of Onyx Pharmaceuticals.
Edison International –
Advised a special litigation committee of the Edison board addressing stockholder demands and related litigation arising from the decommissioning of the San Onofre Nuclear Generating Station (SONGS).
1st Century Bancshares –
Represented 1st Century Bancshares and its former board members in obtaining the dismissal – upheld on appeal – of a putative class action stemming from 1st Century’s acquisition by Midland Financial Co.—one of the nation’s largest privately-held banks. This was the first ruling validating a Delaware forum selection bylaw under California state law.
FXI –
Represented FXI Holdings in various matters, including a two-year grand jury investigation by the DOJ Antitrust Division related to a criminal investigation of price-fixing of prices of polyurethane foam, and in all related multidistrict antitrust civil class action litigation brought by direct and indirect foam purchasers.
Microsoft –
Represented Microsoft in nine-week Utah federal jury trial in connection with $3 billion Sherman antitrust claim brought by Novell concerning Microsoft’s alleged reengineering of its Windows operating system to hinder Novell’s development of word processing program. Following a hung jury, the District Court dismissed Novell’s claim. The United States Court of Appeals for the Tenth Circuit unanimously affirmed, and the United States Supreme Court denied certiorari.
AT&T –
Represented AT&T in a number of merger-related litigations, most recently through a successful state court appeal in litigation arising from AT&T’s $1.4 billion acquisition of Leap Wireless.
PacWest Bancorp –
Represented PacWest in state and federal litigation arising from its $2.3 billion merger with commercial lender CapitalSource.
Barclays –
Represented Barclays Bank PLC and Barclays Capital Inc. in federal multidistrict civil litigation and related investigations arising from allegations of LIBOR bid-rigging. Obtained dismissal of principal claims.
Evertz Technologies –
Represented Evertz in connection with substantial California trade secret misappropriation litigation. Defeated two successive injunction motions.
Goldman, Sachs & Co. –
Represented Goldman, Sachs & Co. at TCW/Gundlach trade secret misappropriation trial, in a case arising from Gundlach’s departure from TCW and his establishment of a competing investment advisory business, DoubleLine Capital.
