In re Metromedia Fiber Networks, Inc. Securities Litigation
(S.D.N.Y.) Defended directors of Metromedia Fiber Networks, Inc. (MFN) in securities fraud class actions arising out of accounting restatements. One action was dismissed on a successful motion. (2004)
MFN Audit Committee Chair
(SEC) Represented former chair of the MFN audit committee in connection with an Audit Committee and SEC investigation into securities and accounting fraud allegations, which resulted in the SEC terminating its investigation of our client. (2007)
Bradley Pharmaceuticals Investigations
(SEC) Represented Bradley Pharmaceuticals, Inc. and its officers and directors in an SEC and internal investigation in connection with alleged accounting errors and disclosures in the company’s financial statements. (2008)
Johnson v. Glassman
(D. N.J.; NJ State Court, Essex County; NJ Appellate Division) Defended Bradley Pharmaceuticals, Inc. and its officers and directors in a securities class action, shareholder derivative actions, and subsequent merger litigation and a contested proxy dispute. Won motions to dismiss the federal and state derivative actions, affirmed after argument on appeal. (2008)
In re NovaGold Resources, Inc. Securities Litigation
(S.D.N.Y.) Represented NovaGold Resources, Inc. and certain officers and directors in a securities class action in connection with disclosures of estimated capital costs a mining project. Succeeded in getting all claims dismissed but for one that was favorably resolved with global settlements in the United States and Canada. (2010)
Credit Crisis
(DOJ, SEC) Defended the former Chief Financial Officer of one of the largest national mortgage originators in DOJ and SEC investigations and related shareholder litigation arising from the credit crisis. (Ongoing)
Outside Directors and Audit Committee of Take Two Interactive Software, Inc.
(SEC) Represented outside directors and Audit Committee of the Board of a global developer, marketer, distributor and publisher of software games and accessories in an SEC investigation concerning accounting matters related to the company’s financial statements, periodic reporting, and internal accounting controls. (2002)
Interpool Audit Committee
Represented the Audit Committee of Interpool, Inc., a NYSE-listed company and one of the world's leading lessors of shipping containers and chassis, in an internal investigation and subsequent securities litigation arising from an accounting restatement. (2003)
Financial Institution Executive Compensation Investigation
Conducted an internal investigation on behalf of the Board of a major financial institution regarding executive compensation. (2009)
Metropole v. RemoteReality
(AAA Arbitration; Supreme Court N.Y) Represented RemoteReality Corporation, a manufacturer of 360º imaging technology, and certain of its officers and directors in a successful four-week arbitration against a business partner claiming breach of contract and fraud in the inducement. Simultaneously represented the company, its officers, directors and venture investors in vacating a temporary restraining order in order to allow a securities right offering to proceed. (2004)
CFLP v. Market Data Corporation
(Del. Ch. Ct.) Represented Market Data Corporation in a preliminary injunction hearing and four-month trial in Delaware Chancery Court regarding allegations of breach of fiduciary duties. (2004)
Viatel Audit Committee
Conducted an internal investigation of issues arising out of a merger on behalf of the Audit Committee of Viatel, Ltd. (2001)
First Bank v. Silverman
(E.D.N.Y) Represented First Bank in connection with a loan default, fraud claims and related counterclaims. Succeeded in getting all claims against First Bank dismiss on a motion and settling First Bank's affirmative action favorably. (2010)
ICS Travel v. Cheap Tickets, Inc.
(E.D.N.Y) Successfully obtained summary judgment on behalf of Cheap Tickets, Inc. in a trademark infringement and anti-cybersquatting action against an operator of an infringing travel website. (2007)
Colorado Legal Services v. Legal Aid National Services
(D. Col.) Represented Legal Aid organization in an action asserting Lanham Act and RICO claims against individuals and entities that masqueraded as legal aid providers and defrauded consumers. Succeeded in shutting down imposter organizations. (Ongoing)
Choice, Inc. of Texas d/b/a Causeway Medical Clinic v. Graham
(E.D. La.) Successfully obtained injunctive relief on behalf of a health services clinic and its patients in a class action asserting Lanham Act and fraud claims against an individual who masqueraded as a clinic and interfered with the patients’ access to reproductive health services. (2005)
Verified Identity Pass, Inc. v. Fischer
(S.D.N.Y) Successfully obtained restraining order and favorable settlement on behalf of our client Verified Identity Pass in connection with theft of trade secrets by a former employee. (2008)
JPMorgan Chase/SouthEdge
(U.S. Bankruptcy Court, D. Nev.) Secured a significant trial victory for JPMorgan Chase Bank, N.A. in connection with an involuntary Chapter 11 bankruptcy petition and appointment of a trustee against a defaulting borrower in a real estate transaction. (2011)