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Professional Experience
- Partner
- Weil, Gotshal & Manges LLP
- Current
- Current
- Glassman v. Arthur Andersen (S.D.N.Y.): Defense of purported class action on behalf of purchasers of Bennett Funding Group securities issued pursuant to Ponzi scheme. Defeated motion for certification of class of purchasers of hundreds of millions of dollars of defaulted notes and securities. Action settled. Breeden v. Arthur Andersen (S.D.N.Y./2d Cir.): Defense of $150 million accountant malpractice claims by Trustee in Bankruptcy of Bennett Funding Group. Andersen's motion for summary judgment, dismissing all claims based on standing/in pari delicto granted after live witness hearing, and affirmed on appeal.
- Current
- A.F.I.K. Holdings v. Fass (D.N.J.): Defense of securities class actions against issuer and inside directors for money damages (motions to dismiss original and amended complaints granted; appeal pending). Nelson v. Conrad, et al. (N.J. Super. Ct.): Defense of derivative litigation against inside and outside directors of public company: motion to dismiss granted.
- Current
- Saddle Rock v. Maybelline (W.D. Tenn./S.D.N.Y.): Defense of securities class action (settled for $2.6 million): Rule 12(c) motion (under Second Circuit law) granted in part and denied in part in S.D.N.Y., after contested Section 1404 transfer motion granted, notwithstanding W.D. Tenn. denial of prior counsel's Rule 12(b)(6) motion (under Sixth Circuit law).
- Current
- In re CyberShop.com, Inc. Securities Litigation (D.N.J.): Defense of securities class actions: motion to dismiss granted, without leave to replead.
- Current
- In re FoxMeyer Securities Litigation (N.D. Tex.): Defense of issuer and certain officers and directors in securities class action: settled for cash payment of $592,000 and assignment of claims against estate of D&O carrier in liquidation. Grossman v. FoxMeyer Health Corp. (Tex. Dist. Ct., Dallas): Defense of nationwide class action by securities holders under state common law: action settled after plaintiff's motion for class certification denied (following evidentiary hearing).
- Current
- Defense of consolidated securities class actions and ERISA class actions (M.D.Fla.) and derivative litigation (Florida State Court): all actions pending.
- Current
- Brown v. LaBranche (N.Y. Sup. Ct. N.Y. Co.): Defense of derivative (“failure of oversight”) claims (motions to dismiss granted). In re LaBranche Sec. Litig.(S.D.N.Y.): Defense of Rule 10b-5 class action by purchasers of LaBranche securities (pending). In re NYSE Specialists Sec. Litig. (S.D.N.Y): Defense of LaBranche in class action against NYSE specialist firms, by persons who engaged in securities transactions on NYSE (pending).
- Current
- Bendas v. ML Media Partners, L.P., et al. (Sup. Ct. N.Y. Co.): Defense of class action by limited partners alleging breach of contract and fiduciary duty by general partners and affiliates: motion to dismiss granted; dismissal affirmed on appeal and motions for leave to amend complaint denied. Broome v. ML Media Opportunity Partners, et al. (Sup. Ct. N.Y.Co.): Defense of class action by limited partners alleging breach of contract and fiduciary duty by general partners and affiliates: motion to dismiss granted; dismissal affirmed on appeal and motions for leave to amend complaint denied.
- Current
- SEC v. Parmalat Finanziaria S.p.A. (S.D.N.Y.): Defense of securities fraud claims: settled with no fine or other monetary payment by Parmalat.
- Current
- Haegle v. Scott (Broomfield Co. Dist. Ct., Colo.): Defense of former affiliated company in shareholder derivative action against same and the officers and directors of former parent (action voluntarily dismissed).
- Current
- Ash v. Medical Resources, Inc. (D.N.J.): Defense of two director defendants in non-class action under PSLRA: settled, no payment. In re Medical Resources, Inc. Securities Litigation (D.N.J.): Defense of two director defendants in class action under PSLRA: settled, no payment. Schaffer v. SC Fundamental Inc. (S.D.N.Y.): Defense of derivative action seeking recovery under Section 16(b) of the Exchange Act: settled.
- Current
- Goldstein v. Langerman (Del. Ch.); Joerger v. Langerman (Del. Ch.); Shallal v. Elson (S.D. Fla.): Defense of state court derivative and class actions against Special Committee of Board of Directors (plaintiffs voluntarily discontinued); motion to dismiss federal action granted.
- Current
- Friedman v. Rayovac Corp., et al. (W.D. Wisc.): Defense of major shareholder in 10b-5 and '33 Act (Section 11/12) class action litigation: motions to dismiss all claims against shareholder granted.
- Current
- Defense of two outside directors/audit committee members in numerous state and federal court securities and ERISA class actions, and related shareholder derivative litigation under Bermuda law: ERISA and derivative actions dismissed on motion; federal securities action pending.
- Current
- Venoco, Inc. v. Eson, et al. and Eson v. Venoco, Inc. (Del. Ch.): (1) Successful defense, after expedited trial, of claims against Enron and two of its executives for alleged aiding and abetting of what the Court found to be breaches of fiduciary duty by two executives of Venoco, an oil company in which Enron was a major shareholder; and (2) successful prosecution, after expedited trial, of Enron's claims to enforce shareholder consents and to overturn Venoco Board action setting "staggered" terms and creating an executive committee of the board controlled by Venoco's chairman/CEO.
- Current
- In re Enterprise Mortgage Acceptance Co. [Great Southern Life/Aetna Life Ins.] (S.D.N.Y./2d. Cir.): Defense of issuer of loan securitizations, in a dozen actions by institutional investors. Motion to dismiss two actions on statute of limitations grounds granted, and affirmed on appeal, holding (as an issue of first impression within the Second Circuit) that Sarbanes-Oxley’s extended statute of limitations does not revive previously time-barred claims (remaining claims settled).
- Current
- Mecca v. Gibraltar Corp. (S.D.N.Y.): Defense verdict for lender and its President on RICO, Exchange Act, and common law claims after eight-week jury trial.
- Current
- New Jersey Office Supply v. Feldman (D.N.J.): Conducted internal investigation and then obtained summary judgment on behalf of corporation, as plaintiff, on RICO claims against senior executive based on allegations of misappropriation of funds.
- Current
- Icahn v. Blunt (W.D.Mo.): Obtained temporary and (after trial) permanent injunctions against, and declaratory judgment as to unconstitutionality of, Missouri Anti-Takeover Statute.
- Current
- The McGraw-Hill Companies v. Vanguard Funds (S.D.N.Y./2d Cir.): Successful prosecution, through trial and appeal, of action by McGraw-Hill to permanently enjoin Vanguard from issuing a new class of exchange-traded securities, based on the S&P 500, in violation of license issued by McGraw-Hill.
- Current
- In re Olympia & York Realty Corp. (Bky. S.D.N.Y.): Representation of Chapter 11 debtors in obtaining application of business judgment rule, rather than Bankruptcy Code standards, to Board of Directors' decisions with respect to management contracts, and in sustaining propriety of contracts after trial.
- Current
- Peabody Coal v. Costain (E.D.Mo.): Obtained, after trials, preliminary and permanent injunctions barring UK corporation's sale of Australian coal mining business to French buyer: breach of prior contract of sale with plaintiff established, notwithstanding "fiduciary out" provision under UK law.
- Current
- Value Partners v. Bain & Co. (D. Mass.): Successful prosecution of action under Brazilian law for unfair competition and tortious interference arising from Bain's hiring of Value Partners' Brazilian office's partners and professional and support staffs, and solicitation of clients. Jury awarded full damages requested ($10 million) after a one-month trial.
- Current
- Van de Walle v. Unimation (Delaware Ch.): Defense of class action for $23 million money damages (common law disclosure/entire fairness): first Delaware trial verdict for defense (after three week trial) in entire fairness case.
Education
- Columbia University
- J.D.
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- Columbia University
- B.A.
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Publications
Articles & Publications
Speaking Engagements
- Practical Ethics Issues for Inside and Outside Counsel (Palm Springs, California, February 01, 1984) American Bar Association, Section of Litigation Annual Meeting of Committee on Corporate Counsel
- New Directions in Federal Securities Class Actions (Aspen, CO, July 6-9, 2008) NERA's 11th Annual Finance, Law and Economics Securities Seminar
- Transnational Issues and Pleading After Tellabs (Naples, Florida, April 11, 2008) University of Wisconsin Law School and Institute for Law & Economic Policy, 14th Annual ILEP Conference
- Roundtable: Cox-Thomas Institutional Investor Study Paper: An Overview Summary of Empirical Work Concerning Securities Class Actions (Naples, Florida, April 10, 2008) University of Wisconsin Law School and Institute for Law & Economic Policy, 14th Annual Audit Committee Issues Conference
- The Impact of Recent Supreme Court Decisions and Delaware Court Rulings on Director Liability (Ft. Lauderdale, Florida, January 31, 2008) Audit Committee Institute (NACD/KPMG), 4th Annual Audit Committee Issues Conference
Websites & Blogs
- Website
- Website
Contact & Map
