Defending one of the co-founders and managers of the Melody Capital family of investment funds in litigation brought by a fellow co-founder alleging breach of contract, breach of fiduciary duty and defamation concerning the companies' operations and governance. Defeated the plaintiff's request for emergency injunctive relief that would have disrupted an ongoing sale process for certain wireless infrastructure assets owned by the Melody entities. The ruling allows the ongoing sale process to continue without interference. Ongoing.
Represented Urban Compass, the nation’s largest independent real estate firm, and its founder, in a trade secrets lawsuit filed in New York State Supreme Court brought by an individual claiming to be a Compass founder. Case successfully settled prior to trial in 2021.
Paragon Litigation Trust v. Noble Offshore plc et al.: Represented Paragon Litigation Trust in a multi-billion dollar fraudulent transfer and breach of fiduciary duty action in U.S. Bankruptcy Court for the District of Delaware challenging Noble’s spin-off of Paragon. Reached $90 million settlement that a court described as “a very elegant walk down a very complicated tightrope” after primary defendant filed for Chapter 11 shortly before trial was scheduled to begin.
Marble Ridge v. Neiman Marcus: Counsel for Neiman Marcus in lawsuits filed in New York and Texas state courts seeking to unwind distribution of online business to equity sponsors as a fraudulent transfer. The Dallas County District Court granted Neiman Marcus’ motion to dismiss Marble Ridge’s claims with prejudice on standing grounds and denied Marble Ridge’s motion to dismiss Neiman Marcus’ counterclaims for defamation and business disparagement as violating the First Amendment under the Texas Citizens Participation Act. The Texas Court of Appeals affirmed the denial of Marble Ridge’s motion to dismiss. The New York County Supreme Court dismissed Marble Ridge’s subsequent suit for failure to comply with the indenture’s no-action requirements before filing suit.
Underground Storage Tank Trust Fund Litigation: Representing BP in multi-state litigation and government investigations related to State trust funds for environmental cleanup at gasoline service stations. Obtained complete defense verdict after jury trial in South Carolina state court in litigation alleging fraud and other claims based on purportedly false statements to regulators. Won multiple summary judgment victories and favorable dispositive rulings in similar suits filed in Ohio, Michigan, Minnesota, Montana, South Dakota and Utah.
