Professional Experience
Weil, Gotshal & Manges LLP
Acadia Partners/Capital Z Weld v. Stage StoresDefense of shareholder class action on behalf of investors and director. Complaint dismissed without leave of the replead. American BanknoteDefense of securities class actions on behalf of chief executive officer. Accounting restatement following IPO. (Settled). American Sensors Schoenhaut v. American Sensors Inc.Defense of securities class action for money damages. Motion to dismiss granted. LeucadiaDefense of shareholder derivative action; dismissal of complaint. Cosmair Inc.Defense of securities class action for money damages (settled for $2.6 million)., Inc.Defense of securities class actions under Private Securities Litigation Reform Act for money damages: motion to dismiss granted, without leave to replead. Quaker Oats Co.Defense of securities class action. Settled ($4.2 million). Savient PharmaceuticalsDefense of securities class actions against issuer and inside directors for money damages and defense of companion derivative litigation. (Pending) Nelson v. Conrad, et al.Defense of derivative litigation against inside and outside directors of public company. Motion to dismiss granted. TycoDefense of two outside directors/audit committee members in numerous securities class actions and related shareholder derivative litigation. (Pending) Bondholder ActionsMagten v. PathnetDefense of bondholder action on behalf of company and directors following restructuring. Claims dismissed on the merits with prejudice; Defense of breach of fiduciary duty action against directors following bankruptcy action. (Settlement of both actions for $252,500) W.H. Global Securities v. AlestraDefense of bondholder claims against 51% shareholder following restructuring. Preliminary injunction denied. McMahan v. Wherehouse Entertainment; Thompson v. Wherehouse EntertainmentDefense of bondholder actions against Wherehouse and its directors following merger and change of control. Claims involving poison put dismissed, in part, and settled, following two decisions by Second Circuit. Section 16(b) Short-Swing Trading ActionsSchaffer v. SC Fundamental Inc.Section 16(b) action seeking disgorgement of trading profits. (Settled) Levy v. Marketing Services, Inc.Defense of claims challenging payment of anti-dilution dividends. (Settled) Rosenberg v. IXL Enterprise Defense of § 16(b) claim on behalf of GECC. At issue is whether pre-IPO shareholder agreements give rise to a § 13D group. (Pending) Donoghue v. Westwood One On behalf of Westwood One, Section 16(b) claim dismissed. Other Significant CasesGranada v. DWG Corp.Settlement (on behalf of defendants DWG Corp.) of derivative litigation providing for release not only of derivative/corporate claims, but also stockholders' individual claims, upheld over objections. In re Adelphia Business Solutions Inc.Successful representation of debtor seeking to preserve D&O insurance as estate property.
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