Representative Experience
- In re MFW Shareholders Litigation (Del.) – Obtained landmark ruling and dismissal of suit against the Special Committee of M&F Worldwide relating to its 2011 going private transaction.
- In re Kenneth Cole Productions, Inc., Shareholder Litigation (N.Y.) – Represented controlling stockholder Kenneth Cole in action brought by minority shareholders challenging going private transaction involving Kenneth Cole Productions, Inc.; obtained dismissal, which was affirmed in the first appellate decision under New York law to apply the business judgment rule to a going private transaction where the transaction has the dual protections of a “majority of the minority” voting provision, and the transaction is approved by a committee of independent directors.
- Teamsters Local 237 Additional Security Benefit Fund v. Caruso (Del. Ch.) – Represented former CEO of Zayo Group Holdings, Inc. in litigation arising out of $14.3 billion going private transaction.
- Goldstein v. Denner, et al. (Del. Ch.) – Represented Sarissa Capital in litigation arising out of $11.6 billion acquisition of Bioverativ Inc. by Sanofi.
- Carmen Ribbe, derivatively on behalf of Xerox Corporation v. Jacobson et al. (N.Y. Sup.) & Miami Firefighters’ Relief & Pension Fund v. Icahn, et al. (N.Y. Sup.) – Represented Xerox in two matters related to Xerox’s terminated transaction with Fujifilm Holdings Corporation and its settlement of other litigation relating to the Fuji transaction.
- In re AmTrust Financial Services Inc. Appraisal and Stockholder Litigation (Del. Ch.) – Represented the special committee in shareholder litigation arising out of $3 billion insurance company going-private transaction.
- Pluviose v. Rachefsky, et al. (Del. Ch.) – Represented Loral Space & Communications Inc. and individual board members in litigation arising from the 2021 integration transaction between Loral and Telesat Canada, which will combine Loral and Telesat into a new Canadian public company.
- Theravance Respiratory Company, LLC, et al. v. Theravance Biopharma, Inc., et al. (JAMS) – Won second breach of contract arbitration against Theravance Biopharma, Inc. regarding Innoviva’s authority as manager of a joint venture, which was formed by the parties when Theravance Biopharma, Inc., was spun out of Innoviva.
- Asbestos Workers’ Philadelphia Pension Fund v. Vintage Capital Management, LLC , et al. (Del. Ch.) – Represented Vintage Capital Management, LLC and other individual defendants in a stockholder class action and derivative action arising from a series of transactions in which Vintage and another investment firm, B. Riley, acquired Liberty Tax’s outstanding shares of common stock in a tender offer.
- Houser v. CenturyLink, Inc. (Colo. Dist.) – Secured dismissal of a major securities class action lawsuit filed against CenturyLink, Inc., and its officers and directors, relating to CenturyLink’s $34 billion merger with Level 3 Communications, Inc.