ABN AMRO Bank N.V.
We conducted an internal investigation on behalf of the Audit Committee of the Supervisory Board of ABN AMRO Bank N.V. regarding anti-money laundering policies and practices at the bank's U.S. dollar clearing unit.
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Charles Schwab & Co.
In In re Mutual Funds Investment Litigation (MDL - D. Md.), we obtained a complete dismissal for Charles Schwab & Co. of a class action brought by its shareholders arising out of the investigation into market timing and late trading practices in the mutual fund industry. We also obtained dismissals with prejudice of three class actions brought by investors of various mutual fund families which used Schwab as a clearing broker.
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In re IPO Securities Litigation
In the Southern District of New York, we currently serve as court-appointed liaison counsel for more than 300 issuers and 1,000 individual defendants and also directly represent over 30 issuer defendants, some of which are still in business, and approximately 200 individual defendants. This is one of the largest, most complex securities litigation cases ever brought.
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In re UnitedHealth Group, Inc.
We defended the former chair of the compensation committee of the board of directors of UnitedHealth Group Inc. in government investigations and civil actions relating to allegations of option backdating, resulting in avoidance of action by the government and settlements favorable to our client in the civil actions (D. Minn.).
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JDS Uniphase
After a four-week jury trial in the Northern District of California, we won a defense verdict on behalf of JDSU and three former executives on all claims in a class action alleging securities fraud and insider trading. Plaintiffs had sought damages of approximately $20 billion, one of the largest damages claims ever presented at trial in the United States.
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Patricia Dunn
In State of California v. Patricia Dunn (California Superior Court, Santa Clara County), we obtained dismissal of all criminal charges against Patricia Dunn, former Chairperson of Hewlett-Packard, in an indictment alleging that Ms. Dunn was involved in a conspiracy to illegally obtain phone records of journalists and Hewlett-Packard board members and in related civil litigation. The novel charges were based on an investigative technique known as "pretexting."
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U.S. v. Bruens, et al.
We won a complete jury defense victory on behalf of a former pharmaceutical sales executive in a criminal case charging conspiracy and violations of the federal Anti-Kickback statute. Following a two-week trial in the U.S. District Court for the District of Massachusetts, in Boston, a jury took less than three hours to fully exonerate our client who faced up to 15 years in prison and a $750,000 fine.
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SP Syntax LLC v. Ernst & Young LLP, et al.
Following a three-week trial in California Superior Court, won a unanimous jury verdict on behalf of Ernst & Young (EY), defeating claims that the accounting firm had made negligent representations in connection with financial statements issued by Syntax-Brillian, a manufacturer of flat-screen televisions that filed for bankruptcy in 2008. Silver Point, a hedge fund, sought $50 million that it wasn't able to recover from Syntax-Brillian's bankruptcy proceedings, alleging that a $130 million loan it had extended to Syntax-Brillian would not have occurred but for alleged misrepresentations in EY's audit of the company. The jury, by a 12-0 vote, concluded that Ernst & Young had made no misrepresentations of any kind. (2010)
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In re Crocs, Inc. Securities Litigation; Wheeler v. Snyder et al. (D. Colo. & Colo. Dist. Ct.)
Representing Crocs, Inc., and certain of its current and former officers and directors in shareholder class actions (claiming violations of the Exchange Act) and derivative lawsuits filed in Colorado. In February 2009, won dismissal of all derivative claims, with prejudice, on first motion to dismiss. No appeal was filed. In February 2011, won dismissal of all claims in the federal class actions on first motion to dismiss. In re Crocs, Inc. Sec. Litig., 07-cv-2351-PAB, 2011 WL 782485 (D. Colo. Feb. 28, 2011). Appeal pending in Tenth Circuit; settlement pending.
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In re Crocs, Inc. Securities Litigation; Wheeler v. Snyder et al. (D. Colo. & Colo. Dist. Ct.)
Represented Crocs, Inc. and certain of its current and former officers and directors in shareholder derivative lawsuits filed in Colorado. In February 2009, won dismissal of all derivative claims, with prejudice, on first motion to dismiss. No appeal was filed. (2009)
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