Dispute Resolution Representative Matters:
Major Trials
Represented Indian tribe in litigation against the state and town with respect to its recognition as an Indian tribe, status of tribal lands and right to build on tribal lands, culminating in a 30-day Trial in the Eastern District of New York.
Representing investor in Tanzanian power plant in litigation with co-partner, prime contractor and funding banks. Amount at stake approaches half a billion dollars—one of the largest claims ever tried in the High Court of Tanzania.
Sovereign Litigation
Representing Chinese Investors in a Mongolian Iron Mine in litigation against Mongolia.
Represented Mexico in litigation and settlement of claims under the Foreign Sovereign Immunities Act involving Mexico’s resolution of withholding and savings funds from the Braceros Program.
Defended the Republic of Congo against debt holders who attempted to garnish Congolese oil revenue in Texas.
Represented State-Owned Serbian Smelting Company fighting enforcement of foreign arbitral award.
Commercial Litigation & Arbitration
Represented financial services firm in all aspects of litigation, including arbitration, direct and third-party litigation.
Represented life settlements company against negligence and breach of contract claims and denial of coverage from insurer. Obtained a mediated, favorable settlement that included the insurer’s coverage of litigation expenses.
Represented multinational corporation in fraud and breach of contract action regarding chemical characteristics and fitness-for-use of plastics.
Defended multinational bank from class-actions regarding investments in Madoff Ponzi scheme.
Represented noteholders of defaulted bonds issued by Indonesian company in New York State Supreme Court.
Securities Litigation and Investigations Representative Matters:
SECURITIES LITIGATION
Representing individual defendant in large, multi-party securities-fraud litigation.
Represented financial institutions and their officers in “earnings management” class actions brought under the Securities and Exchange Acts.
Represented financial institution and employees in “analyst independence” class actions.
Represented several financial institutions and their officers in RMBS-related class actions.
Represented CFO of major corporation in securities class action arising from bailout of AIG.
Represented satellite builder and service provider in AAA ICDR arbitration.
Represented catastrophe bond holder in arbitration
Internal Investigations
Negotiated favorable treatment from FTC for individual nutraceutical client embroiled in larger dispute between FTC and corporation, including limiting response to Civil Investigative Demands and interrogatories.
Represented CEO of major company in connection with Audit Committee and SEC investigation.
Represented Audit Committee in conducting investigation of newly-public company with respect to sales practices.
Conducted internal audit of processes at financial institution following unexpectedly large FINRA award.
Represented CEO of major company in connection with Audit Committee and SEC investigation.
Foreign Corrupt Practices Act
Investigated and negotiated favorable treatment from DOJ in FCPA investigation of Brazilian subsidiary of Fortune 50 Company.
Represented multinational corporation in Foreign Corrupt Practices Act investigation of bribes and gifts in exchange for government procurement contracts in several European and Middle-Eastern countries.
Performed FCPA due diligence on potential foreign investments.
Trained foreign employees on FCPA liability and compliance procedures.
Corporate and Transactional Representative Matters:
Mergers & Acquisitions
Represented IZI Medical Products, Inc., a family-owned business providing medical markers used in image guided surgery, radiology, and radiation therapy procedures, in its sale to private equity firm, Riverside Partners LLC.
Represented PHH Corporation in planned (but ultimately failed) $1.8 billion sale of mortgage origination and servicing business, and vehicle leasing business to the Blackstone Group and General Electric Capital Corporation, respectively.
Capital Markets
Represented the underwriters in two follow-on $70M and $80M offerings of common stock of Citi Trends, Inc., a value-priced retailer of urban fashion apparel and accessories.
Deal counsel as to U.S. and French law with respect to a series of issuances of trust preferred securities by BNP Paribas Capital Trust I, Paribas Capital Trust II, Paribas Capital Trust III, Paribas Capital Trust IV, Paribas Capital Trust V, and Paribas Capital Trust VI, in transactions that raised Tier II capital for the bank.
Deal counsel for medium-term note offering under the BNP Paribas US Medium-Term Note Program.
Represented underwriters in the €693M IPO of Euronext NV, including its listing on its own exchange, a retail offering in France, Belgium, and the Netherlands and an institutional offering inside and outside those three countries, including an offering to U.S. institutional investors pursuant to Rule 144A.
Representation of the managers in a €460 million French public offering of bonds issued by Rallye SA, exchangeable for ordinary shares of its subsidiary Casino, a leading French food retailer.
General Business Advising
Advised Australian LLC on corporate structure and employment law issues.
Advised Swiss investor in connection with purchase of stake in closely-held DE corp
Advised Secured Lending Funds on risk management