Anne McClain Sidrys, P.C.

Trials/Arbitrations

• In re 3M Combat Arms Earplug Products Liability Litigation, MDL 2885 (N.D. Fla.): Representing 3M Company and its subsidiary Aearo Technologies in products liability litigation concerning 3M’s allegedly defective dual-ended Combat Arms Earplugs™ version 2. In 2019, the cases were consolidated and centralized by the Judicial Panel on Multidistrict Litigation. A number of those cases are being tried by Kirkland. In November 2021, Anne led a Kirkland trial team in one such action which resulted in a complete defense verdict for 3M. 
• IBM Confidential Arbitration: Represented IBM in significant arbitration involving an IT/contract dispute. IBM was awarded the full amount of its damage claim, plus millions in pre-judgment interest. 
• Carlson, Inc. v. IBM Corporation (D. Minn.): Represented IBM Corporation in a $360 million lawsuit brought by Carlson alleging breach of contract, breach of fiduciary duty and fraud in relation to outsourcing services performed by IBM. IBM brought a counterclaim against Carlson for failure to pay early contract termination fees. Complete victory for IBM: $0 awarded to Carlson and the full $20 million counterclaim awarded to IBM.
• Official Committee of Unsecured Creditors of Iridium LLC v. Motorola, Inc. (S.D.N.Y.): Led the Kirkland team for Motorola in a multibillion dollar fraudulent conveyance and preference action brought by Unsecured Creditors against Motorola. Anne chaired the six-month trial which resulted in complete victory for Motorola as $0 was awarded to the Unsecured Creditors on their $3.8 billion claim.
• Procter & Gamble v. Stoneham (Ohio Ct. Comm. Pl.; Ohio Ct. App.): Represented executive in non-compete and trade secrets action brought by Procter & Gamble. Tried case to successful verdict. 

Complex Commercial Litigation

3M

In re 3M Combat Arms Earplug Products Liability Litigation, MDL 2885

• Discussed above. Secured a complete defense verdict in recent jury trial. 

IBM

Carlson Inc. v. IBM

• Discussed above. Complete victory for IBM at trial. Court awarded plaintiff nothing, and awarded IBM its entire counter claim.

IBM Various Contract Disputes

• Handle (and have handled and resolved) a number of commercial disputes involving IBM outsourcing contracts. 

Bowman, et al. v. IBM, et al.

• Represented IBM in class action pending in the Southern District of Indiana alleging §1983, negligence and breach of contract claims against IBM and its subcontractors relating to prior IBM contract with the State of Indiana.

• Successfully opposed class certification. Case successfully resolved.

Land v. John Doe, et al.

• Represented IBM in lawsuit pending in the Southern District of Indiana alleging §1983 and negligence.

• Successful dismissal of action on motion to dismiss.

• Successful appeal before the Seventh Circuit.

• Refiled lawsuit in Indiana State Court; dismissed on motion to dismiss.

Gibson v. IBM; Novak v. IBM

• Represented IBM in lawsuit pending in the Southern District of Indiana alleging §1983 and negligence in connection with IBM’s prior contract with the State of Indiana. Case successfully resolved.

Boehringer Ingelheim

• Represented Boehringer in various antitrust disputes.
• Represented Boehringer in various confidential employment/trade secret disputes.

Revlon

• Represented Revlon in various contract/employment disputes.

• Represented Revlon in confidential non-compete/trade secrets matter.

Motorola Solutions, Inc.

Official Committee of Unsecured Creditors of Iridium LLC v. Motorola, Inc.

• Discussed above. Tried $3.8 billion fraudulent conveyance and preference action brought against Motorola in New York bankruptcy court. Complete victory for Motorola as the Unsecured Creditors were awarded $0 on the $3.8 billion claim.

Memorylink Corp. v. Motorola, Inc.

• Represented Motorola in patent infringement and fraud action.

• Successful summary judgment; affirmed on appeal before Federal Circuit Court of Appeals.

Memorylink Corp. v. Motorola, et al. (Legal Malpractice)

• Represented Motorola and individuals in malpractice case filed against the Company and various individuals.

• Successful dismissal of action on motion to dismiss.

• Argued on appeal to Federal Circuit Court of Appeals; affirmed.

Represented Motorola in various contract, non-compete and trade secret disputes.

JMB Realty v. Alright Parking

• Represented JMB Realty in contract action. Tried case to successful verdict.

Pre-Litigation: Deal/Contract Disputes and Alternative Dispute Resolution

• Successfully negotiated and resolved (through mediation or otherwise) a number of pre-litigation disputes relating to the design and installation of IT systems.
• Successfully negotiated and resolved (through mediation or otherwise) disputes involving purchase price adjustments, warranty terms or other contract terms relating to purchases or sales of businesses (or a line of business).
• Successfully negotiated and resolved (through mediation or otherwise) employment disputes, including, for example, disputes relating to non-competes, employee termination and/or employee compensation.

Securities Fraud, Accountants’ Liability and Financial Litigation/Investigations

• Silverman v. Motorola, et al.: Represented Motorola and individual defendants in federal securities class action litigation pending in the Northern District of Illinois.

• Williams/Cinotto Shareholder Derivative Litigation: Represented Motorola and its officers and directors in shareholder derivative action in Illinois State Court.

• St. Lucie Pension Fund v. Motorola, et al.: Represented Motorola and individual defendants in federal securities class action litigation in the Northern District of Illinois. Successful resolution on motion to dismiss.

• Waber v. Brown, et al.: Represented Motorola and its Officers and Directors in shareholder derivative action in the Northern District of Illinois. Successful resolution on motion to dismiss.

• M&C Partners III v. Galvin, et al.: Represented Motorola Board of Directors of Motorola, Inc. in shareholder derivative action brought in Illinois state court. Successful dismissal of action after briefing and arguments on motion to dismiss.

• Warner v. Parkinson et al.: Represented Baxter International, Inc. in shareholder derivative action pending in Lake County, Illinois.

• Baldwin v. PricewaterhouseCoopers, LLP: Represented PricewaterhouseCoopers, LLP in accounting malpractice/negligence misrepresentation action in Illinois state court.

• CBeyond, Inc. Derivative Action: Represented Madison Dearborn Partners in derivative action brought in Georgia state court.

• In re Red Hat, Inc. Securities Litigation & Derivative Actions: Represented PricewaterhouseCoopers, LLP in Section 10(b) and Rule 10b-5 federal securities litigation, and in related shareholder derivative action. PwC dismissed from both lawsuits after filing/briefing motions to dismiss.

• Rivera v. Parkinson, et al.: Represented PricewaterhouseCoopers, LLP in shareholder derivative lawsuit.

• In re Norand Securities Litigation: Represented accounting/auditing firm in federal securities litigation.

SEC/DOJ Investigations/Litigation

Pharmaceutical Pricing Litigation

• Represented Boehringer Ingelheim Corporation and its subsidiaries (Roxane Laboratories, Inc., Ben Venue Laboratories, and Boehringer Ingelheim Pharmaceuticals, Inc.) in more than 25 state AG lawsuits and DOJ actions involving claims relating to pharmaceutical pricing and state reimbursement.

DOJ

• Represented a variety of clients in False Claims Act investigations.

SEC — Chicago Office

• Represented outside Board of Directors for large financial institution in SEC investigation.

• Represented venture capital company and individuals in SEC inquiry regarding potential insider trading.

SEC — Washington, D.C., Office

• Represented telecom company in SEC investigation.

SEC — Atlanta Office

• Represented accounting firm in SEC investigation.