Eugene Temchenko

Since joining Kirkland, Eugene has been involved in the following matters:

• BN Holdings Trust v. Ginsburg, et al. (S.D. Tex.) — Representing a former managing member of a SPAC sponsor against claims for securities fraud, common law fraud, negligent misrepresentation, breach of fiduciary duty, and unjust enrichment related to a sale of the sponsor’s equity.
• State of Texas AG v. LG Electronics USA Inc. (Tex. Dist. Ct.) — Representing a manufacturer of smart televisions in a data privacy lawsuit brought by the Texas Attorney General alleging a violation of the Texas Deceptive Trade Practices-Consumer Protection Act.
• TX AG Lawsuit (Tex. Dist. Ct.) — Representing Fortune-recognized healthcare companies in a lawsuit brought by the Texas Attorney General alleging a violation of the Texas Business Organizations Code.
• TX AG Lawsuit (Tex. Dist. Ct.) — Representing a Fortune 500 company in a product labeling lawsuit brought by the Texas Attorney General alleging a violation of the Texas Deceptive Trade Practices-Consumer Protection Act.
• Cherkin et al. v. PowerSchool Holdings, Inc. (N.D. Cal.) — Defending a provider of educational technology in a putative class action involving claims for alleged invasion of privacy relating to school districts’ use of such products.
• Cybersecurity & Data Privacy Litigation (N.D. Ill.) — Defending a provider of educational technology in a putative class action involving claims for alleged invasion of privacy relating to the use of analytical tools.
• Confidential Litigation (Tex. Bus. Ct.) — Defending an energy company and its directors and officers against claims for breaches of fiduciary duties following a weather event.
• Eli Lilly & Co. v. Compounders (S.D. Tex./N.D. Tex.) — Representing a Fortune 100 medicine company in prosecuting claims for unfair competition against compounding pharmacies.
• Doe v. Armstrong (Tex. Dist. Ct.) — Represented the Dallas Mavericks in a lawsuit alleging negligence and vicarious liability, obtaining a complete dismissal of all claims asserted against the team.
• Kolocuris v. Argano Holdings LLC et al. (Del. Ch.) — Secured dismissal of direct and derivate claims for breaches of fiduciary duties and of a membership interest purchase agreement brought against a limited liability company in the consulting industry by its unitholder.
• Outsourcing Facilities Association v. Food and Drug Administration (N.D. Tex.) — Represented Eli Lilly and Company as intervenor in defense of a challenge to the Food and Drug Administration’s decision to remove tirzepatide from the shortage list.
• Confidential Litigation (Cal. Super. Ct.) — Obtained a favorable settlement for a private equity group and energy company that brought claims against a former officer for breach of fiduciary duty and breach of contract.

Prior to joining Kirkland, Eugene was involved in the following matters:

• Represented a shower and bath goods manufacturer in an action for breach of a restrictive covenant, unfair competition, and defamation.
• Represented SPAC directors and sponsor entities against claims for breach of fiduciary duty and violations of federal securities laws in the Delaware Court of Chancery and federal courts relating to approval of a de-SPAC transaction with a solar energy financing platform.
• Represented SPAC directors and sponsor entities against claims for violations of federal securities laws relating to approval of a de-SPAC transaction with a hydrogen powered vehicle manufacturer.
• Represented a controlling stockholder and board of directors against claims for breach of fiduciary duty relating to the controlling stockholder's take-private transaction of an energy company.
• Represented an energy company in a statutory appraisal litigation relating to a take-private transaction.
• Represented a financial institution in an action by a stockholder activist alleging breach of fiduciary duty and seeking to invalidate company bylaws.
• Obtained a highly favorable arbitration award for a private equity firm involving allegations of a breach of express and implied provisions of an operating agreement.
• Represented an energy company and its president against claims relating to company's management brought by joint owner.
• Represented a special committee against claims for breach of fiduciary duty relating to a merger involving an energy company and a controlling stockholder.
• Represented a beverage company against claims for tortious interference relating to an acquisition of a beverage brand.
• Obtained dismissal of claims for breach of fiduciary duty against directors, officers, and energy company relating to a sale of the company to a third party.

Vinson & Elkins LLP

Cravath, Swaine & Moore LLP