Martin L. Roth, P.C.

Private Equity

• In re Aéropostale: Trial counsel for Sycamore Partners and affiliates in complete trial victory in bankruptcy court regarding teen retailer Aéropostale’s attempt to limit Sycamore’s recovery of $150 million of secured debt.

• Baymeadows LLC v. City of Ridgeland, Mississippi: Lead counsel for Bixby Bridge Capital affiliate in successful federal court suit against Ridgeland, Mississippi based on City’s discriminatory attempt to rezone and amortize apartment complexes occupied by racial minorities without paying just compensation. After aggressive litigation, resulting in the intervention of the U.S. Department of Housing and Urban Development (HUD) and favorable news coverage (see No Property Rights Zones, WALL STREET JOURNAL, May 13, 2016), the city revoked the offending zoning provisions and agreed to send its employees to fair housing and anti-discrimination training. For more information, see HUD’s settlement announcement.

• Successfully represented various private equity firms and their portfolio companies in making Rep & Warranty insurance claims based on policies issued to insure risk of breach of purchase agreements.

• Successfully represented various private equity firms in disputes over deal closing conditions, earn-out provisions, reps and warranties, and company valuations. Received favorable arbitration awards.
  

Multi-State Litigation and Government Investigations

• Underground Storage Tank Trust Fund Litigation: Trial counsel for British Petroleum in complete defense jury verdict in South Carolina state court. Successfully argued motion to dismiss resulting in complete dismissal of Illinois False Claims Act case. Successfully argued summary judgment motion resulting in dismissal of significant claims related to environmental pollution under South Dakota law. Obtained multiple other summary judgment victories and favorable dispositive rulings in similar suits filed in Minnesota, Michigan, Utah, Missouri, and Montana. Responsible for managing the continued coordinated defense against other suits and government investigations nationwide, most brought by State AGs, over BP’s recovery of money from State trust funds for cleaning up environmental contamination at its current and former service stations.

• Opioid Litigation: Defending Allergan in federal MDL proceeding and hundreds of lawsuits and investigations brought nationwide by State AGs, counties and municipalities related to the marketing of prescription opioids.

Product Liability & Torts

• In re Heparin Products Liability Litigation: Successfully defended Baxter Healthcare Corporation and Scientific Protein Laboratories, LLC in multidistrict litigation and parallel state-court action involving manufacture of allegedly defective heparin products. MDL court granted Daubert and summary judgment motions on several categories of claims, affirmed by Sixth Circuit, resulting in hundreds of dismissals, favorable settlements, and successful state court trials.

• Diaz v. BP Products North America Inc.: Trial counsel for BP in dram shop action arising from alleged sale of alcohol to minors at dealer location. Resulted in a favorable settlement at the start of trial.

Class Actions

• Volodarskiy v. Delta Air Lines, Inc.: Defended Delta in class action and subsequent appeal related to European Union Regulation 261; received complete dismissal of all claims and complete affirmance on appeal to Seventh Circuit Court of Appeals.
• Das v. Rio Tinto plc: Defended Rio Tinto in securities fraud class action regarding the company’s compliance with anti-corruption laws; received complete dismissal of all claims.

Other Notable Representations

• G. William Hunter v. Derek Fisher et al.: Defended NBA player Derek Fisher in litigation brought by the former Executive Director of the players’ union. All fourteen claims dismissed at pleading stage and attorneys' fees awarded under the anti-SLAPP statute.

• Trial counsel for automotive supplier in international arbitration with seat in Frankfurt, Germany. Resulted in favorable settlement at end of evidence.

Martin has also served as pro bono appellate counsel in a number of matters in the Sixth and Seventh Circuits, including United States v. Debra Hills (7th Circuit), and as pro bono amicus counsel in the United States Supreme Court in the Fisher v. University of Texas cases.