Cases
Representative Matters: Commercial Litigation - Computer Software Litigation - Lockheed Martin Transportation Security Solutions v. MTA Capital Construction Co. (S.D.N.Y.) - Lead trial counsel for Lockheed Martin in a contractual dispute arising from an agreement between the parties for the design, development
installation of an integrated electronic security system for New York City's public transportation system, with damages estimated at more than $130 million.
Corporate Governance
Securities Litigation - Lead counsel for the CEO of a multibillion-dollar energy company in connection with internal investigations into alleged conflicts of interests, breaches of fiduciary duties
violations of securities laws. The matter also resulted in approximately 30 derivative class action lawsuits
investigations by The U.S. Securities
Exchange Commission, The U.S. Department of Justice, New York Attorney General
other state proceedings.
Medical Device Litigation - Donald S. DeLine v. Wright Medical Technology, Inc., et al., No. 14SL-CC01443, Mo. Cir., St. Louis Co. (2016) - Lead trial counsel for a global medical device manufacturer related to its metal on metal hip implant system that the plaintiff alleged was defectively designed
unreasonably dangerous. Obtained a defense verdict on all counts following a two week jury trial.
RICO Litigation - Kolar v. Preferred Real Estate Investments, Inc., No. 08-3119, 2010 U.S. App. LEXIS 702 (3d Cir. Jan. 12, 2010) - Lead trial
appellate counsel on behalf of a real estate developer
its owner in connection with a civil RICO action brought against them by the developer's former partner
president. Secured the dismissal of the RICO claims at the trial level
argued the appeal before the Third Circuit, which rendered a unanimous opinion sustaining the lower court's dismissal of the claims. The dismissal was based on the plaintiff's failure to allege facts that supported claims of 'pattern
predicate acts pursuant to the RICO Act.
Commercial Litigation - Software Implementation - Lead trial counsel in defense of a tier-one public sector software developer in claims brought by a California county government in the U.S. District Court for the Northern District of California. The claims against our client were founded in RICO
other business torts in connection with the selection of the third-party software implementation vendor. The RICO counts were dismissed,
the case was rem
ed to California state court. The matter was dismissed after years of litigation with our client paying zero dollars.
Computer Software Litigation - Lead trial counsel in defense of claims brought by various municipalities against a tier-one global software company in connection with the licensing
implementation of public sector enterprise software.
Medical Device Litigation - National Trial Counsel - Lead trial counsel for a global medical device manufacturer related to its metal on metal hip implant system. Hundreds of cases are part of a MDL being h
led in the U.S. District Court in the Northern District of Georgia
consolidated matters in the state court of California.
Corporate Director
Officer Liability
Indemnification - VonFeldt v. Stifel Financial Corp., 714 A.2d 79 (Del. 1998) - lead trial
appellate counsel
l
mark decision regarding a parent corporation's obligation to indemnify officers
directors of wholly owned subsidiaries.
Corporate Director
Officer Liability
Indemnification - Cochran v. Stifel Financial Corp. 809 A.2d. 555 (Del. 2002) - lead trial
appellate counsel in this case of first impression involving former officer
director's claim for the reimbursement of attorneys' fees
defense cost arising out of a successful defense of criminal charges involving the government's investigation into various municipal finance transactions. Also, opinion established new law on corporation's duty to pay fees for fees for director's costs
fees in pursuing indemnification.
Commercial Litigation/Commodities Trading - Lead counsel in AAA arbitration on behalf of trader
supplier of precious metals against large commercial purchaser of precious metals
other commodities. Claims arose out of a supply agreement
centered around the price of multiple trades over a six-month period
the method of setting the base price of the subject metal. The matter involved allegations of unfair price setting, battle of the forms
contract interpretation.
Banking
Finance Litigation: Baker, et al. v. Summit Bank, E.D. Pennsylvania, C.A. No. 99-CV-2010 - Successful defense of banking institution in a $30 million class action brought by group of securities holders pursuant to an indenture agreement
the Trust Indenture Act. The bank was granted summary judgment by the district court,
that order was unanimously affirmed by the U.S. Court of Appeals for the Third Circuit.
West Virginia Medical Device Litigation - Lead trial counsel in over 40 consolidated matters in West Virginia in defense of global medical device manufacturer. Successfully defended the claims made by the plaintiffs which ranged from improper off-label use of biologics products, illegal kick-backs to physicians, fraud
general medical device product liability.
Real Estate Litigation - Secured multimillion-dollar settlement on behalf of major commercial real estate
Brownfield developer in connection with the sale
planned development of former industrial site in a Northeast Pennsylvania town. The matter centered around the enforceability
legal effect of a letter of intent for the sale of commercial real estate.
Securities Litigation - Lead trial counsel
appellate counsel in a securities matter involving the rights of warrant holders in stock of a wholly owned subsidiary company. Pursuant to the warrant, the warrant holders could exercise those warrants upon the commencement of a planned IPO of the subsidiary. Despite the fact that the subsidiary did not go through with a planned IPO, which was the trigger for any right to exercise the warrants, the plaintiffs/warrant holders brought suit against the parent, claiming that when the subsidiary merged back into the publicly traded parent that such a transaction was a de facto IPO, triggering the right to exercise the warrants. We successfully defended matter at trial level
secured summary judgment for parent company. The Pennsylvania Superior Court unanimously upheld the trial court summary judgment order.
Commercial Litigation - Manufacturer/Distributor Disputes - Wright Medical Technology v. The Somers Group, et al., 37 F. Supp. 2d 673 (D.N.J. 1999) - Obtained preliminary injunction on behalf of plaintiff, a medical device manufacturing company, against medical device distributor for breach of noncompete
trade-secrets clause in distribution agreement.
Represented prominent law firm
its chairman against allegations of wrongful use of civil proceedings. The Court granted our motion to dismiss.
