Tabitha De Paulo

Representative Litigation Matters

• Paraquat Products Liability Litigation: Counsel for Syngenta in nationwide mass tort suits alleging exposure to herbicide caused neurological injuries.
• 3M Combat Arms Liability Litigation: Represented 3M Company and its affiliates in the Combat Arms Earplug multidistrict litigation—the nation’s largest MDL ever filed. Tabitha was a member of the trial team that was recognized by The American Lawyer as “Litigator of the Week” for the complete defense verdict following a two-week jury trial. Serving as trial counsel, Tabitha also secured a second complete defense verdict on behalf of 3M, and was a member of several other trial teams.
• Broiler Chicken Growers Antitrust Litigation: Represented Sanderson Farms in its multidistrict putative class action brought by a group of U.S. chicken farmers alleging “no-poach” and information-exchange conspiracies.
• Agonow LLC v. Essendant Industrial LLC: Represented Essendant in federal antitrust action brought by a competitor alleging conspiracy and monopoly claims in the professional industrial products industry. Prepared successful dismissal briefing, leading to favorable settlement.
• Blue Cross Blue Shield Antitrust Litigation: Represented Blue Cross and Blue Shield Association in multiple class actions challenging the Blue System’s exclusive geographic licensing system under the antitrust laws.

Representative Chapter 11-Related Litigation

• Ascend Performance Materials Holdings: Litigation counsel for Ascend and its debtor affiliates in its Chapter 11 cases and adversary proceeding, achieving successful resolution of all disputed claims.
• Whittaker, Clark, & Daniels: Trial counsel for Whittaker, Clark, & Daniels and its debtor affiliates in the United States Bankruptcy Court for the District of New Jersey. Represented Whittaker in trial seeking approval of a settlement resolving certain estate claims, and opposing committee’s motion seeking standing to pursue certain claims.
• Express, Inc.: Litigation counsel for Express and its affiliates in their Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. Achieved a successful sale, allowing Express to continue as a going concern.
• WeWork Inc.: Trial counsel for WeWork and its affiliates in their Chapter 11 restructuring in the United States Bankruptcy Court for the District of New Jersey. Following extensive discovery and contested hearings, WeWork reached a global settlement and successfully emerged from Chapter 11.
• Aearo Technologies LLC: Trial counsel for Aearo Technologies LLC and its debtor affiliates in their Chapter 11 cases in the United States Bankruptcy Court for the Southern District of Indiana.
• SiO2 Medical Products: Litigation counsel for SiO2 Medical Products and certain of its affiliates in their Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware.
• Pipeline Health System, LLC: Trial counsel for Pipeline Health System and its affiliates in their Chapter 11 cases in the United States Bankruptcy Court for the Southern District of Texas. Represented Pipeline in multiple contested hearings, and Pipeline achieved approval of the sale of certain of its assets and confirmation of a Chapter 11 plan.
• Nine West Holdings, Inc.: Trial counsel for Nine West and its affiliates in their Chapter 11 cases in the United States Bankruptcy Court for the Southern District of New York, resulting in a successful settlement of a contested confirmation trial. Litigation counsel for Nine West in a related adversary proceeding for breach of contract, achieving summary judgment victory on all claims following oral argument.
• Whiting Petroleum: Litigation counsel for Whiting Petroleum Corp. and certain of its affiliates in its Chapter 11 restructuring in the United States Bankruptcy Court for the Southern District of Texas. Whiting successfully emerged from Chapter 11 with a de-levered balance sheet by eliminating over $2.7 billion of funded debt.

Associate at Skadden, Arps, Slate, Meagher & Flom LLP