Whitney L. Becker

Products Liability

• Humira Products Liability Litigation — Represented client in several products liability actions alleging adverse events resulting from the administration of its biologic medication, Humira®.
• ASEA v. Abbott Labs. and St. Jude — Representing device manufacturer in case brought by third party payor plaintiff alleging economic injuries from the manufacturer of implantable cardiac defibrillator devices. Motion to dismiss based on lack of personal jurisdiction and improper venue granted in Illinois. Case currently pending in United States District Court for the District of Minnesota.
• Kelly v. Boehringer Ingelheim Pharmaceuticals, Inc. — Represented pharmaceutical manufacturer in case alleging diabetes medicine caused pancreatic cancer. Case voluntarily dismissed after motion filed.

Accounting and Consulting

• Whyte v. PricewaterhouseCoopers LLP — Represented PwC in an accounting malpractice lawsuit asserted by a litigation trustee of one of the country's largest private midstream oil companies, claiming losses of approximately $2 billion. Claims included professional negligence, breach of fiduciary duty, and violation of the Oklahoma Accountancy Act. Obtained dismissal of breach of fiduciary duty and Oklahoma Accountancy Act claims, and settled the remaining claim before trial.
• Tenens Corp. v. PricewaterhouseCoopers LLP — Represented PwC in an accounting malpractice lawsuit by a former client who was defrauded by its own CFO. Case settled favorably on the eve of trial.
• Bridgestone Americas Inc. v. International Business Machines Corp. — Represented client in action alleging damages from the design and installation of an enterprise resource planning system.
• Financial Due Diligence Arbitration — Counsel for big-four accounting firm in arbitration concerning quality of earnings and financial due diligence for a private equity client.

Restructuring

• In re Sabine Oil & Gas Corp. — Trial counsel for an E&P company in bankruptcy litigation in which unsecured creditors moved to assert fiduciary breach, aiding and abetting fiduciary breach, constructive and intentional fraudulent transfer, and equitable subordination claims, totaling over $2 billion. After a 15-day trial, the court denied the creditors’ motions to pursue the claims in their entirety. Additionally served as trial counsel for the debtor during a three-week confirmation trial, where a plan of reorganization was confirmed. The litigation and bankruptcy strategy received “Highly Commended” recognition in The Financial Times’ 2016 North America Innovative Lawyers’ Awards, and was recognized by Turnarounds & Workouts as one of the most successful restructurings of 2016.
• PES Holdings LLC — Represented PES Holdings, LLC in its prepackaged Chapter 11 restructuring in the United States Bankruptcy Court for the District of Delaware. Successfully defended settlement between Debtors’ and United States related to PES’ renewable energy credit obligations from challenges raised by Growth Energy, an ethanol lobbying organization. PES obtained confirmation of its plan in March 2018.
• Westmoreland Coal Company — Representing Westmoreland Coal Company in connection with its Chapter 11 restructuring in the United States Bankruptcy Court for the Southern District of Texas. 

Commercial Litigation

• Cornerstone Healthcare v. Reliant — Trial counsel for private-equity firm in six-week jury trial on $700 million claims alleging aiding and abetting and conspiracy to breach fiduciary duties. Case resolved before closing arguments.
• AbbVie/Shire State Cases — Representing AbbVie and its CEO in state court fraudulent concealment and misrepresentation actions regarding statements made in connection with the company’s termination of its agreement to acquire Shire plc.
• CDX v. Venrock Associates — Represented board members in breach of fiduciary action. Settled on favorable terms.
• Counsel for Aon in suit alleging antitrust claims related to receipt of contingent commissions.
• Litigation risk assessment and counseling for private equity and corporate clients.

Summer Associate, Kirkland & Ellis LLP, Summer 2009

Summer Associate, Lovells LLP, Summer 2008

Represented detained asylum seekers from Eritrea, Saudi Arabia, and Cameroon. All three clients successfully received asylum.

Represented client in partnership with the Chicago Alliance Against Sexual Exploitation (CAASE) in a sexual harassment, sex discrimination, sexual orientation discrimination and a Gender Violence Act discrimination case against a former manager and employer. Client obtained a $1.6 million judgment against her former manager, and settled favorably with her former employer.

Represented client in Section 1983 litigation involving a claim of deliberate indifference to plaintiff's serious medical condition. Case settled favorably with medical defendants.