Associated Community Bancorp, Inc.: Representing Connecticut-based Associated Community Bancorp, Inc. and its banking subsidiaries (together, “Associated”) in an insurance coverage dispute with St. Paul Mercury Insurance Company (“St. Paul”), Associated’s professional liability insurance carrier.
In re Bennett Companies Investors Litigation: Represented defendant broker in a $570 million securities class action arising out of alleged accounting irregularities and Ponzi scheme at Bennett Funding.
Citigroup: Represented the outside directors of Citigroup Inc. in Zucker v. Rubin, a shareholder derivative litigation action alleging that Citigroup’s directors breached their fiduciary duties in relation to Citigroup’s alleged manipulation of the London InterBank Offered Rate (LIBOR). We also secured a dismissal for the outside directors in Moskal v. Pandit, a shareholder derivative action arising out of Citigroup’s negative say-on-pay vote, and Brautigam v. Rubin, a stockholder derivative claim alleging fraudulent mortgage servicing practices.
Citigroup: Obtained a victory for Citigroup Board of Directors in shareholder derivative action case involving alleged wrongdoing in connection with Citigroup’s mortgage securitization business (Warner v. Prince).
Credit Suisse/Champion Enterprises: Represented Credit Suisse and served as lead trial counsel in post-sale litigation matter before the U.S. Bankruptcy Court for the District of Delaware.
Federal Home Loan Bank (FHLB) of Atlanta: Conducted an internal investigation on behalf of the Audit Committee of the FHLB of Atlanta, one of the 12 US government-sponsored banks that provide stable, on-demand, low-cost funding to American financial institutions for home mortgage, small business, rural, agricultural and economic development lending.
Financial Institution’s Independent Directors: Advised the independent directors of a top ten financial institution on the review of the company's compensation policies, procedures and programs and subsequent response to a shareholder demand letter alleging that the company's director and executive compensation was based on “false economic metrics,” resulting in unjust enrichment of the executives and directors.
First Union Securities, Inc. v. Brandes Investment Partners, L.P.: Advised defendant in arbitration before AAA in New York involving claims of improper execution of trading instructions.
In re General Electric Co. Securities Litigation: Obtained dismissals on behalf of all major U.S. and foreign underwriters in major securities litigation involving a $12 billion offering of GE stock.
Global DirectMail v. Royal Bank of Canada: Represented Royal Bank, Canada's largest financial institution, in a contract dispute.
Hedge Fund: Successfully represented a leading hedge fund in a trademark infringement case in federal district court and in parallel trademark opposition proceedings in the patent office against another hedge fund.
IndyMac Bancorp: Represented former CFO of IndyMac Bank in all matters resulting from its failure and takeover by the FDIC.
Janus Capital Group, Inc. v. First Derivative Traders: Represented the U.S. Chamber of Commerce and submitted an amicus brief concerning the scope of an investment advisor’s liability for false statements under Section 10(b).
Lehman Executive: Representing a former senior Lehman executive in DOJ, SEC, and Lehman bankruptcy examiner investigations stemming from Lehman’s collapse.
Martin Act Legislation: Advising a coalition of accounting firms on the legal aspects of proposed changes to the Martin Act, a NY state securities anti-fraud statute that creates liability in the absence of scienter or causation.
Merrill Lynch: Representing the former CFO of Merrill Lynch in multiple class action and derivative litigations and governmental investigations stemming from Merrill Lynch’s subprime announcements.
In re MFW Shareholders Litigation: Served as defense counsel in a landmark case before Chancellor Strine of the Delaware Chancery Court, In re MFW Shareholders Litigation.
Morgan Stanley, Zoe Cruz: Represented the former co-president of Morgan Stanley in a number of matters relating to losses suffered by the global financial services firm in connection with the sub-prime crisis, including ERISA, shareholder derivative and class action litigation, in addition to shareholder derivative litigation related to executive compensation. Willkie also represented Ms. Cruz in the board’s investigation into the matters.
Northwater Capital Management: Representing this hedge fund in DOJ and SEC investigations relating to hundreds of millions of dollars in losses it suffered in a Ponzi scheme led by Thomas Petters in Minnesota, and in civil litigation seeking to recoup those losses.
Public Company Investment Bank, Asset Managers: Representing a public company investment bank that is a leading asset manager of Collateralized Debt Obligations in numerous simultaneous, potentially franchise-threatening investigations into the CDO industry by the SEC, FINRA, the New York Attorney General and the Financial Crisis Inquiry Commission concerning the structuring, sale and management of various complex financial vehicles.
Putnam Investments, Inc.: Served as counsel to Putnam in connection with internal investigations relating to accounting and financial reporting practices and related SEC and DOJ investigations.
In re The Bear Stearns Companies Inc. Securities, Derivative, and ERISA Litigation, No. 08-CV-2793 (S.D.N.Y.): Represented Bear Stearns senior official in class actions and related matters arising out of writedowns of subprime-related financial instruments and events leading to acquisition by JPMorgan.