M&A/Corporate Governance Litigation
Represented The Williams Companies and its directors and officers in securities, fiduciary duty and merger agreement litigation in Delaware Chancery Court, Delaware Supreme Court and federal court in Oklahoma, all relating to the company’s now-terminated $37.7 billion combination with Energy Transfer Equity. Most recently, the Tenth Circuit in May 2018 affirmed dismissal of a securities suit brought against Williams, its CEO and its former CFO.
Represented Starwood Hotels and its directors in fiduciary duty litigation in Maryland state court relating to the company’s $13.3 billion combination with Marriott. Won dismissal of the case, prior to the close of the transaction.
Represented Mylan and its directors in fiduciary duty and merger litigation in federal court in New York and Pennsylvania concerning Teva’s proposed takeover of Mylan, Mylan’s proposed takeover of Perrigo and Mylan’s acquisition of certain assets from Abbott Laboratories. Successfully defended against a preliminary injunction motion brought by Perrigo in New York federal court, and won dismissal of a shareholder claim brought in Pennsylvania federal court.
Represented Qualcomm and its directors in derivative litigation in federal court in Delaware relating to allegations concerning Qualcomm’s securities disclosures and business activities. The plaintiff voluntarily dismissed the case in March 2018 following briefing on defendants’ second motion to dismiss.
Represented H.J. Heinz in securities and fiduciary duty litigation in state and federal court in Virginia and Illinois relating to the company’s $60 billion merger with Kraft. The cases settled, and the transaction closed.
Represented Spectranetics and its directors in purported shareholder class actions in Colorado federal court relating to the company’s €1.9 billion acquisition by Philips. The cases settled in 2017, after which the deal closed.
Represented Xerox in litigation in Texas federal court brought by Darwin Deason, the former founder, chairman and CEO of Affiliated Computer Services, which Xerox acquired in 2010, concerning the treatment of Mr. Deason’s preferred stock in Xerox’s planned spin‑off of its Business Process Outsourcing business. The parties settled the case and the spin-off was consummated.
Securities Litigation
Representing Xerox and certain of its directors and officers in a purported securities fraud class action brought in New York federal court alleging false and misleading statements regarding the profitability and prospects of a Xerox software product. Won dismissal in March 2018, and currently handling the Second Circuit appeal.
Representing Pitney Bowes and certain of its directors and officers in litigation brought under the federal securities laws in state court in Connecticut relating to a 2017 Pitney Bowes debt offering.
Represented Qualcomm and certain of its directors and officers in a securities suit brought in federal court in California arising from antitrust investigations and litigation brought by Apple and the FTC concerning the company’s licensing and chip businesses.
Represented Mylan and certain of its directors and officers in securities litigation in federal court in New York relating to the company’s classification of the EpiPen under the Medicaid Drug Rebate Program, as well as antitrust allegations against the company.
Other Commercial Litigation
Represented Qualcomm in antitrust litigation and investigations in the U.S. and abroad, including coordinated litigation against Apple and the FTC in federal court in California and an investigation by China’s National Development and Reform Commission (NDRC) in Beijing.
Representing Barnes & Noble in purported class action litigation in federal court in New York involving claims under the Video Privacy Protection Act and related New York law. Defeated a motion for a preliminary injunction in 2017, and won a motion to compel the case to arbitration in January 2018. Presently handling the appeal in the Second Circuit.
Represented Mylan in patent litigation in federal court in West Virginia regarding Mylan’s Perforomist® product, resulting in a ruling in Mylan’s favor following trial.
*Some representations occurred prior to joining Kirkland
