In re Bracket Holding Corp. Litigation (Del. Superior): Won $82.1 million jury verdict as litigation counsel for plaintiff Bracket Holding Corp. The jury found defendants committed fraud in selling a clinical trial software business by misrepresenting the financial condition of the company, causing Bracket to overpay by more than $50 million and suffer a $30 million shortfall in working capital.
Bund et al. v. Safeguard Properties Management, LLC (U.S. District Court, Western District of Washington): Litigation counsel for Safeguard in consumer fraud class action. Obtained dismissal following decertification of 19,000 plaintiff class.
Universal Hospital Services vs. Hill Rom Company: Litigation counsel for Hill-Rom in an antitrust monopolization suit challenging Hill-Rom’s contracts for the sale of hospital beds and rental of hospital equipment with group purchasing organizations and hospital systems.
Abbott Laboratories v. Alere, Inc.: Represented Abbott in its merger dispute with Alere Inc., which Abbott was to acquire for $8.4 billion. After filing a lawsuit to terminate the deal, pursued an aggressive discovery strategy on a highly compressed trial schedule, ultimately helping Abbott secure an approximately $500 million purchase price reduction.
Energy Future Holdings Corp.: Represented EFH in Chapter 11 cases involving restructuring over $49 billion in liabilities. Served as a core member of the trial team that won confirmation of EFH’s disputed plan of reorganization after several weeks of confirmation hearing.
Land v. IBM: Represented IBM in lawsuit alleging § 1983 and negligence claims in connection with IBM’s prior contract with the State of Indiana. Successful dismissal of action on motion to dismiss.
BP Products North America Structural Steel Litigation: Represented BP Products in Indiana federal court and Louisiana state court asserting breach of warranty, negligence and fraud claims arising from premature degradation of fireproofing installed on structural steel for BP’s multi-billion dollar modernization of its Whiting, Indiana refinery.