Robert A. Sacks

Selected Cases: Securities, M&A and General Commercial Litigation

• JPMorgan Chase as national coordinating and direct counsel in numerous litigations, investigations and settlements related to residential mortgage-backed securities
• VeriFone Systems, Inc. in class and derivative litigation and SEC and criminal investigations relating to a restatement and $2 billion stock drop
• Syntel and its former directors in class litigation arising out of Syntel’s sale to Atos
• CIM Group in Delaware Chancery Court litigation relating to Cantor Commercial Real Estate, L.P.
• Stifel Financial in defending fraud claims by investors in a CDO
• Goldcorp in securities fraud class actions

• Special Committee of Dole board in class litigation over the buyout of Dole by David Murdock
• AT&T in class litigation involving its acquisitions of Leap and of DirecTV
• The CEO and Chairman of Activision-Blizzard in class action litigation over a transaction involving the restructuring of Vivendi’s ownership
• A former director of Sears in defending claims by the bankruptcy estate seeking almost $2 billion
• The former non-executive Chairman of Relativity Media in defending tort and fiduciary duty claims by a significant creditor of Relativity following its bankruptcy
• JPMorgan Chase in litigation in federal and bankruptcy courts arising out of its acquisition of the assets of Washington Mutual Bank from the FDIC
• Amgen in class action litigation relating to its acquisition of Onyx Pharmaceuticals
• Amylin in expedited litigation in Delaware Chancery Court, and later in an appeal to the Delaware Supreme Court, relating to a proxy contest
• DirecTV in appraisal litigation arising out of its acquisition by AT&T
• Underwriters in litigation over various IPOs and other securities offerings, including King Digital, GoPro, Clovis Pharmaceuticals and Under Armour
• Hycroft Mining in securities fraud class actions and related derivative litigation
• Softbank in class litigation relating to Global Crossing’s failure
• Lone Star Funds in expedited litigation arising out of its acquisition of Accredited Home
• Goldman Sachs in various class actions
• MRV Communications in class and derivative litigation relating to a restatement and historical option-granting practices
• Philips Electronics in a multinational arbitration involving the development and delivery of a satellite broadcast system to Malaysia
• Shareholder class actions relating to numerous other mergers, including the sale of Collective Brands, the acquisition of UnionBanCal, the sale of Hilton Hotels, and many others

Selected Cases: Qui Tam

• Thomas Weisel in a DOJ investigation and qui tam and class litigation relating to the Lance Armstrong/USPS Cycling Team doping scandal
• Stifel Financial in qui tam litigation relating to municipal securities
• JPMorgan Chase in a qui tam action relating to mortgage-backed securities
• Philips Medical in connection with federal and California qui tam claims relating to the sale of various medical devices

Selected Cases: Individual Clients

• 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.
• Frank McCourt, the former owner of the Los Angeles Dodgers, in a dispute with major league baseball and litigation with his former wife
• An individual in defending claims, including under a limited personal guaranty, in New York and California for more than $100 million arising out of a failed real estate project
• A former officer of Broadcom in criminal and SEC investigations into options backdating
• The former CEO of International Rectifier in class, derivative and trade secret litigation, and SEC and criminal investigations relating to a restatement

Selected Cases: Antitrust

• BP in an ongoing class action alleging a conspiracy to manipulate gasoline prices
• Stifel in actions alleging a conspiracy to raise prices of GSE bonds on secondary market
• EnCana Corporation in multiple antitrust actions, including class action litigation, involving alleged manipulation of natural gas prices
• Cablevision Systems in a class action challenging the bundling of cable programming
• Technicolor in actions relating to a conspiracy to fix LCD prices

Selected Cases: Intellectual Property

• J2 Global and its affiliates in numerous infringement actions relating to electronic messaging patents
• Collective Brands in trademark disputes with Adidas, Sketchers and K-Swiss over footwear design
• Philips in the defense of publicized claims brought by Tom Cruise and other well-known actors for wrongful use of their likenesses in advertisements

Selected Cases: Trials

• Pabst in a November 2018 jury trial in Milwaukee against MillerCoors relating to an obligation to extend a brewing supply contract
• JPMorgan Chase in a contested trial in New York state court over approval of a $4.5 billion settlement of mortgage-backed securities claims
• Frank McCourt in a trial in California Superior Court in successfully defending a claim by his former wife to vacate their property settlement on grounds of fraud
• Thomas Weisel Partners in successfully defending claims of fraud relating to the sale of auction rate securities brought by FINRA
• Philips Semiconductor in obtaining a $16 million jury verdict in its favor against a manufacturer of one of the components in its semiconductor chips
• An individual charged (and previously convicted) of first degree murder in the highly publicized shooting of a California highway patrol officer in obtaining hung juries in two retrials
• The estate of the owner of NRG Barriers in a trial in Delaware Chancery Court in successfully defending against claims of fraud relating to the purchase of the interests of former minority stockholders
• JPMorgan Chase in defeating the claims of numerous groups of creditors and obtaining confirmation in bankruptcy court of a multibillion-dollar settlement relating to Washington Mutual Bank
• Amylin Pharmaceuticals in successfully defending claims at trial in Delaware Chancery Court relating to a proxy context
• Kodak, as one of the three principal lawyers in a seven-month trial in the District of Massachusetts involving the extent of Kodak’s liability for infringement of Polaroid’s instant photography patents; the monetary award against Kodak was a small fraction of market expectations

Selected Cases: Investigations

• Thomas Weisel Partners in regulatory investigations into research analyst conflicts of interest
• The former lead director of Banc of California in internal and SEC investigations
• J2 Global in an internal investigation arising out of a whistle-blower complaint
• A special litigation committee of Edison International addressing shareholder demands
• The CEO of a reporting company in an audit committee investigation into accounting issues
• A real estate company in an SEC investigation into placement agent payments
• A former employee of Theranos in criminal and SEC investigations into the Company’s alleged fraud