Mass Tort and Industry-Wide Litigation

• Defending large industrial service provider as part of a national counsel team defending cases nationwide alleging exposure to toxic chemicals, including benzene, perchloroethylene (perc), per- and polyfluoroalkyl substances (PFAS) and trichloroethylene (TCE). Those cases allege various types of cancers and other harms, as well as wrongful death and other personal injury and wrongful death claims.
• Serving as part of national counsel team defending cases against industrial service provider currently pending in the Aqueous Film-Forming Foam (AFFF) Multi-District Litigation.
• Defending social media platform company in product liability cases alleging that the operation of the social media platform is a defective product and litigating the scope of publisher immunity under Section 230 of the Communications Decency Act.
• Represented subsidiary of Fortune 100 international chemical manufacturer in two dozen lawsuits involving more than 200 individual claimants alleging multiple birth defects, wrongful death and personal injuries allegedly caused by worker exposure to various toxic photoresist chemicals used in semiconductor microchip manufacturing process.

Government Investigations, False Claims Act Defense and Litigation Involving Allegations of Fraud

• Lead counsel defending defense industry sub-contractor in False Claims Act litigation relating to manufacture and sale of component parts.   Motion to dismiss granted and affirmed by Second Circuit.
• Represented two generic pharmaceutical manufacturers in more than 30 actions brought by the U.S. Department of Justice, state Attorneys General and whistleblowers under the federal False Claims Act, state false claims acts and consumer protection statutes seeking billions in damages relating to reimbursement for pharmaceuticals under Medicare and Medicaid.
• Represented pharmaceutical manufacturer responding to civil investigative demand from Federal Trade Commission in connection with investigation of so-called “reverse payment” settlements of patent litigation under the Hatch-Waxman Act.
• Advised pharmaceutical manufacturer responding to subpoenas, civil investigative demands and informal requests for information from federal and state agencies, including the Department of Justice, the Office of the Inspector General for the Department of Health and Human Services, the Federal Trade Commission and the Subcommittee on Oversight and Investigations of the House Committee on Energy and Commerce in connection with government investigations into marketing, sales and pricing practices.
• Represented a manufacturer in seven class actions consolidated in federal multi-district litigation, two class actions in New Jersey Superior Court, and a class action in Arizona Superior Court, alleging violations of consumer protection statutes in connection with drug sales and drug pricing. Obtained dismissal of New Jersey and Arizona actions and successfully resolved all claims in multidistrict litigation through a multiparty mediation.
• Defended multimillion-dollar fraud action arising out of the sale of PCB transformer reclassification business. Achieved favorable settlement before completion of discovery.

Business Litigation

• Represented a director of one of the Government-Sponsored Enterprises (“GSE”) in shareholders’ derivative actions consolidated in multidistrict litigation in U.S. District Court for the District of Columbia.  The cases alleged violations of a number of accounting rules relating to mortgages, and arose out of an investigation into accounting practices at Fannie Mae by the Office of Federal Housing Enterprise Oversight.  The complaints also alleged claims relating to the directors’ actions in connection with the termination of the company’s former CEO and CFO. The district court granted defendants’ joint motion to dismiss and the U.S. Circuit Court of Appeals for the District of Columbia affirmed the dismissal.
• Represented a former officer of a global corporation that owns numerous supermarket and food service concerns in one of the largest securities fraud class actions ever filed. The cases were consolidated in multidistrict litigation in U.S. District Court for the District of Columbia.   Claims related to the restatement of $1.2 billion in net income as a result of alleged fraud at one of the corporation’s subsidiaries, as well as other allegations of accounting irregularities.
• Prosecuted action for injunctive relief against former franchisee for misuse of confidential information and for breach of non-compete agreement.
• Prosecuted action for injunctive relief against former VP of Information Technology for disclosure of confidential computer databases to prime competitor and for breach of non-compete agreement.  .
• Represented major life insurance companies, banks and other lending institutions in connection with foreclosures of various commercial real estate mortgage loans.
• Represented commercial tenant in lease agreement dispute.
• Represented foreign bank in breach of contract action seeking recovery of funds advanced under letter of credit agreement and personal guaranty.
• Represented bank issuing letter of credit in action seeking recovery from advising bank for wrongfully honoring documents presented to it by beneficiary under letter of credit agreement.
• Represented receiver of bank in action seeking recovery under note and guaranty.
• Defended securities broker-dealer in civil damages action pending in U.S. District Court for Southern District of New York alleging federal securities fraud, common law fraud and breach of fiduciary duty in connection with international investment transaction.  Represented broker-dealer and numerous corporate witnesses in connection with related SEC investigation.