Paul T. Friedman

Managing Partner, Europe | London
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+44 (0)20 7920 4006

Experience

Representing a U.S.-based multinational Fortune 50 company in global cartel investigations and all related civil and criminal proceedings in several countries, including class action litigation.

Representing publicly traded Japan-based companies in global cartel investigations.

Represented a global Japanese chemical company in conducting an investigation related to potential misconduct tied to revenue recognition and other topics.

Represented a global investment firm with anti-corruption due diligence of a U.S. target with operations in Japan, China, Thailand and Mexico. Based on the results of the due diligence, advised the company regarding implementation of a post-acquisition compliance program.

Represented a global technology company in an internal investigation of potential FCPA violations in Asia-Pacific countries.

Represented a U.S.-based multinational Fortune 50 company in an internal investigation of alleged violations of the FCPA and self-dealing in seven Asia-Pacific countries. Following the conclusion of our investigation and self-reporting, neither the SEC nor the DOJ took any action against our client.

Represented a leading global consumer products company in an internal investigation of potential FCPA violations in Latin American and Asia-Pacific countries.

Represented a Fortune 500 company with anti-corruption due diligence in connection with the acquisition of a foreign telecom company with substantial operations in Africa, Latin America, Southeast Asia and the Middle East.

Represented a Fortune 100 company with a post-acquisition anti-corruption compliance review of a newly acquired business with operations and significant government touch points in Russia, Eastern Europe, Northern Europe, North Africa, and the Middle East.

Represented Japan-based global company in pre-investment anti-corruption review of target based in Africa.

Represented a Fortune 100 health care services and information technology company with a post-acquisition anti-corruption compliance review of a newly acquired business with German headquarters and global operations.

Review of potential payment issues in India and other Asia-Pacific countries for a leading technology company.

Anti-corruption compliance review in Mexico for a leading international energy corporation.

Anti-corruption compliance review for the Audit Committee of a global company regarding its operations in India.

(D. Colo. & Colo. Dist. Ct.). Represented 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., (D. Colo.). Class action settled on appeal.

(C.D. Cal.; 9th Cir.). Representing New York auction house in a class action seeking to enforce the California Resale Royalty Act. District Court granted our motion to dismiss and invalidated the 35-year-old statute as unconstitutional. Affirmed in part by Ninth Circuit en banc. Dismissed again by District Court.

(C.D. Cal.). Representing a Fortune 50 company in an MDL composed of seven class actions challenging a range of billing and other business practices. Dismissed by District Court on appeal.

(E.D.N.Y.). Served as lead defense counsel in a 65-defendant class action alleging a global price-fixing cartel in the freight-forwarding industry, and successfully argued a motion to dismiss on behalf of all defendants, resulting in dismissal for lack of standing and failure to satisfy Twombly v. Bell Atlantic standard for key claims. Settlement approved; no appeal.

(S.D.N.Y. and Nevada state and federal courts). Represented Wonder Auto, a Chinese company, in securities class actions filed in the Southern District of New York. Managed the cases to an early and favorable resolution; settled. Several derivative cases were filed in Nevada courts, and were settled.

Won dismissal with prejudice in 51 separate nationwide class actions, which were combined into one MDL proceeding in the Northern District of Georgia. Plaintiffs alleged that defendants conspired to set fuel surcharge levels on “Less Than Truckload” shipments. On behalf of our Fortune 50 client, we obtained a stay of discovery and moved to dismiss the complaint on the ground that plaintiffs had not alleged facts to establish a conspiracy under the standards set forth by the Supreme Court in Twombly v. Bell Atlantic. The court granted the motion to dismiss and set a very high standard for any subsequent amendment. The plaintiffs concluded that they could not meet that standard and the case was dismissed with prejudice.

With hundreds of millions of dollars at stake, won dismissal with prejudice of nationwide class action complaint on the first motion to dismiss in case involving cutting-edge preemption issues arising from the collection of late-payment fees that allegedly exceeded the amounts allowable under state law. No appeal was filed.

Won motion to dismiss without leave to amend for Fortune 50 company in nationwide antitrust class action, which alleged that client unlawfully tied the sale of loss/damage protection to the sale of ground transportation services. No appeal was filed.

Won dismissal with prejudice of putative nationwide class action for our Fortune 50 client alleging unfair business practices for requiring customers to seek billing adjustments for packages that they processed for shipment but decided not to ship. No appeal was filed.

(C.D. Cal.). Successfully defended China’s largest investment bank in a securities fraud action alleging $100 million in damages. After two years of hard-fought litigation, the case was dismissed, with prejudice, with no payment from our client.

(S.D.N.Y. MDL-1139). Served as lead defense counsel in 26 state and federal class actions alleging contract, tort, deceptive trade practices, RICO, and antitrust claims challenging the collection of insurance premiums in connection with shipments. Successfully implemented a strategy of removing all state cases to federal court, and obtained consolidation of the cases in multidistrict litigation proceedings. After motions to dismiss disposed of most claims, the cases settled.

Conducted internal investigations regarding stock option issues on behalf of several audit committees/special committees.


Legal 500 UK 2022

Recommended: Risk Advisory: Regulatory investigations and corporate crime (advice to corporates)