Diane L. McGimsey

Securities and Complex Commercial Litigation

• Volkswagen AG, in its landmark $14.7 billion settlement that solves civil claims related to 475,000 2.0-liter diesel engine vehicles in the United States. The resolution was achieved with multiple government agencies, 44 U.S. states and private plaintiffs. Also advised Volkswagen on its 3-liter class action and regulatory settlements.
• Real estate investor Richard D. Cohen in obtaining a favorable ruling in a federal bench trial in the Southern District of New York over Mr. Cohen’s personal liability for a loan obtained by entities he controlled to buy a San Francisco residential apartment complex known as Rincon Center.
• BP p.l.c. in securities class action litigation arising out of the August 2006 shutdown of the facilities in Prudhoe Bay, Alaska, including in a successful interlocutory appeal to the Ninth Circuit

• JPMorgan Chase and its affiliates in connection with litigation related to residential mortgage backed securities
• TCL Chinese Theatres, in litigation over permitted uses of the Dolby Theatre in Los Angeles, a live-performance auditorium used to host the Academy Awards
• Standard Chartered Bank in investor arbitrations and litigations relating to investments to feeder funds to Bernard L. Madoff Securities
• RBC Capital Markets and other underwriters in a class-action litigation relating to the U.S. Auto Parts Network, Inc. IPO
• Thomas Weisel Partners in FINRA disciplinary proceeding alleging fraud in connection with the sale of auction rate securities
• The former CEO of International Rectifier in class action and derivative litigation, SEC and criminal investigations relating to a restatement, and trade secret and wrongful termination litigation
• UBS Securities in class action and derivative litigation relating to the sale of Hollywood Entertainment to Movie Gallery
• General Growth Properties (“GGP”) in an appeal of an adverse $95 million judgment in an action by a rival mall developer on a claim of tortious interference (another firm represented GGP during the underlying trial)

M&A-Related Litigation

• CEO and Chairman of Activision-Blizzard in litigation over a transaction involving the restructuring of Vivendi’s ownership
• Amylin in expedited litigation in Delaware Chancery Court, and later in an appeal to the Delaware Supreme Court, relating to a proxy contest
• Hilton Hotels in litigation relating to its acquisition by Blackstone
• Mitsubishi UFJ Financial Group in litigation relating to its acquisition of UnionBanCal Corporation
• Swift Transportation in litigation relating to a going private transaction

Antitrust Litigation

• BP West Coast Products in a class action involving alleged manipulation of retail gas prices
• Cablevision Systems Corporation in a class action challenging the bundling of cable programming
• EnCana Corporation in multiple antitrust actions involving alleged manipulation of natural gas prices

Governmental, Regulatory and Other Investigations

• FinTech company in conducting an internal investigation and responding to high-profile allegations of a toxic environment due to sexual harassment and misconduct
• Former CEO of Fortune 500 semiconductor company in DOJ and SEC investigations relating to alleged accounting irregularities
• Thomas Weisel Partners in FINRA investigation and disciplinary proceedings relating to transactions involving auction rate securities