On May 12, The Am Law Litigation Daily named partner Tariq Mundiya "Litigator of the Week" for his role in obtaining a landmark victory for client Kenneth Cole in the New York Court of Appeals. The court ruled on May 5 that the business judgment standard of review, not entire fairness, applies to going-private transactions involving controlling shareholders. Read Willkie’s May 5 announcement.
The article describes the Kenneth Cole case as it “wound its way through New York’s courts, with Mundiya’s side consistently coming out on top,” ultimately setting new precedent for future going-private transactions involving controlling shareholders under New York law. The article notes that “the standard adopted in New York flows directly from an earlier case in Delaware state court, Kahn v. M&F Worldwide, where Mundiya also played a key role on the winning side.”
Mr. Mundiya told The Am Law Litigation Daily that he “wouldn’t be surprised to see the standard spread elsewhere, now that two of the country’s most influential jurisdictions in commercial litigation have weighed in.”
In addition to Mr. Mundiya, partners Sameer Advani and Benjamin McCallen and associates Elizabeth Roache and Maxwell Bryer represented Kenneth Cole in the litigation.
Read "Litigator of the Week: Tariq Mundiya of Willkie Farr & Gallagher LLP," The Am Law Litigation Daily