Software-as-a-service portfolio company and its private equity owner, defended against claims that the company’s post-acquisition reorganization entitled certain former executives to severance payouts. Following a week-long hearing, the arbitrator rejected all of the claims asserted against the company, adopted each of the company’s defenses, and awarded the company its attorneys’ fees and costs.
JELD-WEN and certain executives, defended in a securities class action filed in Virginia federal court arising from price-fixing allegations and related lawsuits. Settlement achieved in 2021.
CEO of Benefitfocus, defended in a lawsuit brought in New Jersey federal court by ADP, alleging breaches of restrictive covenant agreements. Defeated ADP’s request for a TRO and preliminary injunction in May 2021 and appeal thereof. Settlement achieved in 2022.
Private investment firm, defended in a $100 million dispute brought by a terminated former founder alleging more than a dozen contractual and equitable claims. Won at arbitration, where the arbitration panel denied all of the former partner’s claims for damages and found that he was in breach and had to return millions in escrowed severance.
Won total victory for Pegasus Capital and its portfolio company in arbitration related to a joint venture. After a five-day trial, the panel unanimously sided with Kirkland, finding that respondent had violated the governing contracts, and awarded Kirkland’s client a permanent injunction against wrongful competition and approximately $40 million in monetary damages for prior breaches. The panel also uniformly rejected respondent’s counterclaims and refused to dissolve the joint venture despite repeated efforts by respondents.
Wynn Resorts and its directors and officers, representing in a putative securities class action and related derivative suits arising from allegations of sexual misconduct by the former CEO, chairman, and founder. In 2020, the securities class action was fully dismissed. In 2021, certain alleged misrepresentations were dismissed. Settlement achieved in 2024.
FirstFire Capital, representing in litigation with DarkPulse Inc. in New York federal court and Delaware Chancery Court over a defaulted note. Defeated a preliminary injunction motion in New York in 2022 and successfully argued to the Second Circuit that the federal case should be transferred to Delaware. Ongoing.
ArcLight Capital Partners, one of its portfolio companies, and certain officers and directors, defending a breach-of-contract suit in Delaware Chancery Court relating to ArcLight’s merger with American Midstream partners. Won complete dismissal in 2021 of the New York action, and obtained partial dismissal in 2020 of the Delaware suit. Ongoing.
EQT Corporation and certain of its officers and directors, defending in a consolidated putative securities class action filed in Pennsylvania federal court arising out of EQT’s $6.7 billion acquisition of Rice Energy. Ongoing.
