Cases
Experience: Represented J.C. Penney in putative consumer class action in federal court alleging false advertising conduct related to alleged defective jewelry products. Mr. L
ry assisted in all aspects of opposing class certification, including expert witness discovery. The matter resolved while the class certification motion was pending.
Represented Amgen in major federal securities fraud class action brought by pension fund. Mr. L
ry assisted in challenging the district court's class certification order in appeals to the Ninth Circuit
U.S. Supreme Court.
Represented Amgen
other defendants in a putative ERISA class action arising from defendants' decision to offer Amgen stock as an investment option in company-sponsored pension plans. Plaintiffs allege, inter alia, that defendants should have known during the alleged class period that investment in Amgen was no longer prudent
thereby breached fiduciary duties under ERISA. Mr. L
ry was brought in to h
le issues on appeal.
Represented Black & Decker in an action brought under California's Cartwright Act alleging that Black & Decker had terminated plaintiff's retail tool distributorship at the behest of plaintiff's rival, another Black & Decker distributor. Mr. L
ry h
led all aspects of the case, which resolved favorably.
Represented Microsoft in defending a lawsuit brought by Sun Microsystems alleging monopolization
tying violations of the federal antitrust laws. The case was filed in 2001
a settlement was reached in 2004. Mr. L
ry's role consisted of briefing motions to dismiss, opposing preliminary injunctive relief
working with Microsoft's expert witnesses.
Represented Medo Industries, a subsidiary of Pennzoil/Quaker State, in a case brought by a rival alleging that Medo was attempting to monopolize a nationwide market for automotive air fresheners
had engaged in unfair competition in violation of California law. The case settled on favorable terms.
Represented International Rectifier Corporation in a major securities class action. Mr. L
ry took a leading role in the effort to defeat class certification. The case settled favorably while defendants' opposition to the class certification motion was pending.
Represented Medco Health Solutions, Inc. in a class action suit brought by California retail pharmacists against the pharmacy benefits management industry based on alleged violations of state law, including California's Business & Professions Code Section 17200 et. seq .
Represented Credit Suisse in Enron-related securities litigation brought by several investment funds in California state court. Mr. L
ry was involved in developing defense strategies
conducting key offensive discovery of individuals responsible for the plaintiffs' investment decisions.
Represents Asiana Airlines in a federal multi-district class action alleging a global conspiracy by air cargo carriers to fix fuel
other surcharges in violation of the Sherman Act, state law,
European competition law. Mr. L
ry h
les various aspects of this case including working with Asiana's expert consultants.
Represented Walt Disney Studios Home Entertainment LLC in a class action by retail video store owners against studios
Blockbuster alleging a price discrimination claim under California's Unfair Practices Act. Mr. L
ry worked on various aspects of the litigation which settled in 2007.
Represented Philip Morris U.S.A. in defending nationwide class action antitrust cases pending in state
federal courts. The plaintiffs alleged Sherman Act Section 1 violations for cigarette price-fixing by the major manufacturers. The cases were filed in 2000
the federal direct purchaser claims were dismissed after Philip Morris
the other defendants obtained summary judgment. The team led the briefing in the district court
in prevailing on appeal. Mr. L
ry's role included developing Philip Morris' economic expert proof
opposing class certification in several state court purchaser actions.
Represented RITA Medical Systems, Inc.
its directors in class action litigation brought by certain shareholders seeking to enjoin a merger. Mr. L
ry h
led all aspects of the litigation including negotiating a settlement that allowed the merger to proceed without delay.
Represented KPMG in an action in California arising out of the World Bazaars Inc's bankruptcy case. Mr. L
ry h
led all discovery
summary judgment proceedings. The case was settled favorably while KPMG's summary judgment motion was pending.
Represented Zero.Net, an internet incubator
holding company,
several of its directors
affiliates, in federal securities fraud litigation brought by key investors who sued after the collapse of the company's stock price. Mr. L
ry h
led all aspects of the litigation, including developing a loss causation defense
defeating plaintiffs' early efforts to attach the client's California assets. After narrowing the pleadings,
conducting discovery, John settled the litigation in a manner favorable to the client.
Represented Synetic Inc .
coordinated its responses to a formal investigation by the Securities
Exchange Commission regarding suspected illegal trading by an outside director
his alleged tippees. Tasks included negotiating significant limitations on discovery requests
advising the client on attorney-client privilege issues.
Represented Medco Containment Services Inc .
two of its subsidiaries in several shareholder lawsuits filed in Delaware Chancery Court arising from Merck
Co., Inc.'s announced $6 billion acquisition of Medco in 1993. Claims against Medco directors included breach of fiduciary duties
securities violations. After defending numerous depositions, Mr. L
ry negotiated a resolution of each litigation, which included structural changes to the transactions, on terms favorable to Medco.
Represented Merrill Lynch in major securities litigation brought by a number of large institutional investors (including Harvard's endowment fund) arising from Merrill Lynch's sale of certain notes issued by Lomas Financial Corporation. Mr. L
ry assisted in drafting motions to dismiss, discovery requests
motions to compel discovery. These cases were settled on terms favorable to Merrill Lynch
Mr. L
ry assisted in preparing the settlement documents.
Represented Medco Containment Services Inc . in responding to an investigation by the Securities
Exchange Commission of suspected insider trading in Medco shares prior to a merger announcement. Tasks included conducting an investigation for the client
preparing extensive chronologies as requested by the SEC.
Represented KPMG in a major accountants' liability action arising from KPMG's role as auditor for Orange County from 1992-1994. After seeking bankruptcy protection in December of 1994, the County sued KPMG for alleged breach of contract
negligence relating to investment losses of $1.8 billion in the County's portfolio. Mr. L
ry's role in the case consisted of organizing
managing KPMG's discovery of significant third party witnesses, including various water districts
school districts which had placed funds in the County's investment pool.
Represented Merck
Co ., Inc . in In re Br
Name Prescription Drug Litigation, one of the largest private antitrust litigations ever brought in the United States. Plaintiffs, independent
chain store pharmacies, through class actions
individual lawsuits, sued the entire br
-name prescription drug industry, alleging that defendants conspired to fix prescription drug prices in violation of Section 1 of the Sherman Act
that they engaged in price discrimination in violation of Section 2(a) of the Robinson-Patman Act. In the class actions, Mr. L
ry managed offensive
defensive discovery. Among other things, Mr. L
ry supervised numerous associates
contract attorneys, conducted key depositions of executives of the leading plaintiff drug store chains, including Walgreens
Rite Aid, defended depositions
argued several pivotal discovery motions. In 1997, Merck settled the class cases on a favorable basis.
Represented Porex Technologies Corp., a former distributor of silicon gel breast implants
a defendant in multi-district breast implant litigation. Mr. L
ry advised Porex with respect to its litigation strategy
settlement discussions. In counseling Porex regarding its potential exposure arising from this litigation, Mr. L
ry also negotiated with Porex's insurance carriers regarding the funding of defense
indemnity costs
advised Porex with respect to public disclosure of the litigation
its impact on the financial condition of the company.
Represented Porex, a breast implant distributor, in a product liability insurance coverage dispute. Porex
its primary insurance carrier sued Mitsui, the insurer of the manufacturer of the breast implants distributed by Porex, with respect to certain insurance policies in which Porex was named as an additional insured. Mr. L
ry conducted deposition discovery of Mitsui representatives
drafted memor
a in opposition to several dispositive motions.
Represented Northern Telecom in a product failure case. After AT&T sued the Human Resources Administration of the City of New York (the HRA) to collect outst
ing long distance bills for calls fraudulently charged to the HRA, the City impleaded Northern Telecom, Inc., the manufacturer of the HRA's telephone switch, through which the unauthorized calls were made. Mr. L
ry defended Northern Telecom against the HRA's claims for alleged defective manufacture
design
breach of contract. In addition to conducting discovery, Mr. L
ry drafted the motion for summary judgment which disposed of the entire case against Northern Telecom. The reported decision is a leading case on the economic loss rule, a principle which bars recovery in tort where defendant's negligence did not result in personal or property damage.
