Alexander L. Cheney

Partner

San Francisco
Willkie Farr & Gallagher LLP
One Front Street
San Francisco, CA 94111

Alexander L. Cheney is a partner in the Litigation Department. His practice focuses primarily on complex commercial litigation, including litigation arising out of mergers and acquisitions and other corporate control transactions. His practice also includes employment litigation and litigating disputes in bankruptcy court. Alex regularly represents public and private companies, directors, officers and executives in federal and state courts across the country.

Alexander L. Cheney is a partner in the Litigation Department. His practice focuses primarily on complex commercial litigation, including litigation arising out of mergers and acquisitions and other corporate control transactions. His practice also includes employment litigation and litigating disputes in bankruptcy court. Alex regularly represents public and private companies, directors, officers and executives in federal and state courts across the country.

Selected Significant Matters

  • In re Pace Industries, LLC, et al. (Bankr. D. Del.): Successfully defeated minority shareholder’s motion seeking to dismiss debtors’ chapter 11 cases as unauthorized. The bankruptcy court’s precedent-setting decision represents the first time that any court has invalidated a bona fide shareholder’s right in a certificate of incorporation to consent to a company’s voluntary bankruptcy filing.
  • Advance Notice Bylaw Litigation (Delaware): Represented two Delaware funds in litigation challenging the application and enforcement of advance notice requirements in their bylaws; obtained reversal of Delaware Court of Chancery’s decision compelling the funds to count votes for activist shareholder’s nominees.
  • Online HealthNow, Inc., et al. v. CIP OCL Investments, LLC, et al. (Del. Super. Ct.): Representing private equity firm CIP Capital in a post-closing purchase price adjustment litigation in connection with the sale of a CIP Capital portfolio company.
  • Sarissa Capital Domestic Fund LP v. Innoviva Inc. (Del. Ch.): Represented Sarissa Capital Management in litigation arising out of a proxy contest involving pharmaceutical company Innoviva.
  • Books and Records Demands: Represented Delaware corporation in connection with numerous shareholder demands for books and records under Section 220 of the Delaware General Corporation Law.
  • L-5 Healthcare Partners, LLC v. Alphatec Holdings, Inc. (Del. Ch.): Representing L-5 in litigation to enforce its preemptive rights under a share purchase agreement with Alphatec.
  • Age Group, Ltd. v. Martha Stewart Living Omnimedia, Inc. (N.Y. Sup. Ct.): Represented Martha Stewart Living in litigation arising out of a licensing agreement for the development of Martha Stewart branded pet products.
  • In re Financial Oversight and Management Board for Puerto Rico (D.P.R.): Represented the agent for the Puerto Rico Sales Tax Financing Corporation (COFINA) in litigation over $20 billion in tax proceeds, which The Wall Street Journal called “one of the thorniest conflicts in Puerto Rico’s unprecedented, court-supervised bankruptcy.”
  • In re LightSquared Inc., et al. (Bankr. S.D.N.Y.): Represented the founder and controlling stockholder of Dish Network in what has been described as “one of the longest and most litigious bankruptcies in recent years.”
  • Employment Litigation: Represented media company in lawsuits in the Southern District of New York alleging race and sex discrimination and retaliation in violation of federal, state, and city law.
  • Stein v. City of New York (N.Y. App. Div., 1st Dep’t): Obtained affirmance of trial court decision granting the City of New York’s motion for summary judgment in a personal injury action.
  • Represented The Innocence Network as amicus curiae in United States Supreme Court, Washington Supreme Court, and Washington Court of Appeals