Ray Guy

Partner

Weil, Gotshal & Manges LLP

Current

Current

Mitsumi Electric Co. Ltd. v. Swan Magnetics, Inc.Lead trial counsel in litigation in federal court in California arising out of the termination of a technology development agreement, including the defense of a $6 billion counterclaim. Successful motions for partial summary judgment reduced the counterclaim to $250 million; after three weeks of trial, the case was settled for payment of a small fraction of the remaining claim. Highland Select Equity Fund, L.P. v. Motient CorporationLead trial counsel in the defense of a suit in the Delaware Court of Chancery, in which the opponent, an activist hedge fund mounting a proxy fight, sought to compel access to the client corporation’s books and records under Section 220 of the Delaware Corporation Code. After trial, the Court of Chancery dismissed all claims and awarded costs to the defense. The judgment was affirmed by the en banc Delaware Supreme Court. See 922 A.2d 415 (Del. 2007); 2007 WL 907650 (Del. Ch. 2007); 906 A.2d 156 (Del. Ch. 2006). Highland Crusader Offshore Partners, L.P. et al. v. Motient CorporationLead trial counsel in the defense of a $90 million suit in Texas state court for rescission and damages arising out of plaintiffs’ purchase of client corporation’s preferred stock. The court granted summary judgment dismissing all claims. Highland Crusader Offshore Partners, L.P. et al. v. Motient Corporation, et al.Lead counsel in the defense of a separate suit, removed to federal district court, in which the hedge fund plaintiffs sought to enjoin the client corporation’s impending exchange of stock. On our motion, the court dismissed the claims. Kiawah Resources, LLC v. Reef Petroleum, Inc.Lead trial counsel in the successful defense of an injunction proceeding removed to the United States Bankruptcy Court. The case was favorably settled after the court, following a contested evidentiary hearing, denied the requested preliminary injunction. Paging Companies for a Fair Assessment v. John Sharp, Comptroller of Public Accounts for the State of Texas, et al.Lead counsel in a successful constitutional attack, brought in Texas state court on behalf of a consortium of paging service providers, against a $750 million statutory assessment. After trial, the court entered judgment setting aside the assessment as a violation of the state constitution’s equal protection guarantee. Highland Capital Management, L.P., et al., v. Prudential Securities Incorporated, et al.Lead counsel in Texas state court in the defense of hedge funds' $100 million suit for fraud, negligent misrepresentation, and tortious interference. On our motion, the court granted summary judgment dismissing all claims. Schnelling, Trustee et al. v. Prudential Securities Incorporated, et al.Lead counsel in the defense of litigation in federal court in Philadelphia, brought by the Trustee of a bankrupt securitization client of the defendant corporation. The case, which was prosecuted at the behest of a hedge fund investor, was favorably settled on the eve of trial. Pak et al. v. PageMart, Inc. et al.Lead counsel in the successful defense of a class action in California Superior Court, which, after a contested hearing, denied class certification. Lozano, et al. v. PageMart, Inc. et al.Lead counsel in the successful defense of a separate class and Section 17200 representative action in California Superior Court. On our motion, the court dismissed the case, concluding that the action was not properly brought as a representative action. Garza v. Quaker State—Slick 50, Inc. et al.Counsel in the defense of consumer class actions in Texas state court, in Dallas and in the Rio Grande Valley, involving “Slick 50” engine additives. Lemon v. Investors Life Insurance Company of North AmericaCounsel in the successful defense of a "vanishing premium" class action in Texas state court; after a contested evidentiary hearing, the court denied class certification. McCarty, as Insurance Commissioner for the State of Illinois v. United Benefit Life Insurance CompanyLead counsel in the successful defense of the Indiana Insurance Commissioner’s injunction suit in state court in Indiana. The trial court denied the requested injunction after a contested evidentiary hearing. Credit Suisse First Boston Corporation v. Arthur Andersen LLP et al.Lead counsel in the defense of an accounting firm against a $100 million misrepresentation claim brought by a distressed debt fund that purchased the audit client's distressed instruments. The case settled favorably on the eve of trial. Uribe v. E-Systems, Inc.Lead counsel in the successful defense of a suit in Texas state court alleging that the client’s previous attorneys had withheld production of damaging documents in settling an earlier wrongful death suit. On our motion, the court granted summary judgment dismissing all claims. Crain Industries, Inc. v. Dude, Inc. et al.Lead counsel for plaintiff in litigation in Texas state court to recover a purchase price adjustment under an asset purchase agreement. The case settled favorably in mediation. Commercial Metals Company v. Burton et al.Lead counsel for plaintiff in litigation in the New York Supreme Court, Commercial Division, concerning a purchase price adjustment in a stock purchase agreement. EisHockey-Club Nurnberg 1980 Werbe-Und Vertanstantungs GmbH v. Dallas Stars Hockey Club, L.L.C. and Roman Turek, et al.Lead counsel in the successful defense of the Dallas Stars in a federal court action brought by a German hockey team seeking damages for the signing of goalie Roman Turek. The case was dismissed on our motion. Otter Creek Partners I, L.P.v. Financial Industries CorporationLead counsel in defense of litigation in Texas state court, brought by a shareholder waging a proxy fight. STMicroelectronics, Inc.v. Atmel CorporationCounsel for plaintiff in patent infringement dispute in federal court in Dallas, involving semiconductor technology. See also Atmel Corporation v. STMicroelectronics, a related infringement action subsequently filed by the opponent in federal court in Delaware. John F. Beasley Contruction v. M/V Julia D, et al.Lead counsel for plaintiff in a suit to recover damages from collision of towboat and barges with the client’s barge-mounted construction derrick. The case was tried to the court, which awarded judgment for all damages sought. Hewlett-Packard v. Bob Bullock, Comptroller of Public Accounting for the State of TexasLead counsel in franchise tax refund suit. Tried and appealed through Court of Appeals and Texas Supreme Court. Representative Arbitrations and Related Proceedings. Stoneville Pedigreed Seed Company v. House of Agriculture Spirou A.E.B.E.Lead counsel for the claimant in an international arbitration in Geneva concerning the termination of the client’s distributorship agreement with a Greek company, including the defense of the opponent's 125 billion Euro counterclaim. The tribunal, after two evidentiary hearings, ruled that our client had properly terminated the agreement. See also House of Agriculture Spirou A.E.B.E. v. Stoneville Pedigreed Seed Company, in which the opponent filed suit in federal court in Tennessee, unsuccessfully seeking to enjoin the arbitration. Cooperative Computing, Inc. v. Used-Car-Parts.com, Inc. et al.Lead counsel in an arbitration in New York concerning rights under a license agreement. The case was favorably settled via a business agreement after a multi-day evidentiary hearing. See also Used-Car-Parts.com, Inc. et al. v. Cooperative Computing, Inc., a related action in federal court in Kentucky, initiated by the opponent; on our motion, the court dismissed the case and ordered arbitration. AHC I Acquisition Corporation v. Barnett et al.Lead counsel in successful action in the New York Supreme Court, Commercial Division, to compel arbitration of a purchase price adjustment under a stock purchase agreement. AVSA, S.A.R.L. v. American Airlines, Inc.Counsel for American Airlines in an arbitration in Tulsa concerning a contractual right of reimbursement for costs of maintaining Airbus planes. The case settled favorably on the eve of the hearing. HMTF Acquisition Corp. et al. v. Del Monte CorporationLead counsel in an arbitration to recover a purchase price adjustment arising out of the acquisition of a Mexican company. The case was settled favorably after we successfully moved in Texas state court to compel arbitration. Sierra Health Services, Inc. v. Kaiser Foundation HospitalsLead counsel in an arbitration in California arising out of sale of HMO-related assets. Texas Instruments Incorporated v. Bosch Telecom GmbH et al.Lead counsel in an arbitration in Chicago arising from an asset purchase agreement.

University of Texas

J.D.

1976

with high honors

University of Texas

B.S.

1973

with highest honors

Schreiner University

A.A.

1971

with highest honors

Publication

"A Case Study in International Arbitration," Oxford University Summer Term (England, July 01, 2004)

Persuasion: Presenting Complex Issues to Judges, Juries and Arbitrators (Dallas, TX, March 03, 2003)

"Do Arbitrations Really 'Split the Baby'?" High Stakes Arbitrations, International and Domestic. Sponsored by Weil, Gotshal & Manges LLP. (Dallas, September 25, 2002)

Presenting Complex Topics to Judges and Juries (San Francisco, CA, August 29, 2002)

The Reliable Expert (San Antonio, TX, May 23, 2002)

The Reliable Expert (Santa Fe, NM, April 11, 2002)

The Reliable Expert (Dallas, TX, March 07, 2002)

Advanced Evidence & Discovery Course, "Evidence & Privilege Issue in Patent Litigation." Sponsored by State Bar of Texas. (San Antonio, TX, May 25, 2001)

Advanced Evidence & Discovery Course, "Evidence & Privilege Issue in Patent Litigation." Sponsored by State Bar of Texas. (Santa Fe, NM, April 05, 2001)

“Court’s Charge Update” (State Bar of Texas, Litigation Update Institute) (Dallas, TX, January 01, 1999)

“Expert Witnesses: Daubert, Robinson and Beyond” (State Bar of Texas, All Star Litigation Seminar), Annual Meeting (Dallas, TX, January 01, 1998)

“Good Faith Revisited: Financial Institutions and the Duty of Good Faith” (Dallas Bar Association) (Dallas, TX, November 01, 1993)

“Handling the Charge and Judgment in a Multi-Theory Case” (State Bar of Texas: The Ultimate Trial Notebook–The Masters of Trial) (Dallas, TX, June 01, 1993)

“Preparing the Court’s Charge” (State Bar of Texas: The Ultimate Trial Notebook) (Dallas, TX, June 01, 1991)

“Litigating with the FDIC and RTC: Asset-Based Claims” (Practicing Law Institute) (Washington DC, December 01, 1990)

“The Impact of the Duty of Good Faith on Financial Institutions” (Banking Law Institute, “Bank Officers’ and Directors’ Regulatory Forum,”) (Washington DC, December 01, 1990)

Moderator and co-chairman, “Litigating with the FDIC Receiver” (Banking Law Institute) (Washington DC, April 01, 1990)

Moderator and chairman, “Selected Issues in Law: FDIC/FSLIC Update” (State Bar of Texas) (Dallas, TX, December 01, 1989)

“Good Faith and Fair Dealing Issues for Banks” (Texas Association of Bank Counsel Convention) (Dallas, TX, October 01, 1989)

“When the FDIC or FSLIC Becomes a Party” (State Bar of Texas, Advanced DTPA–Consumer Law Course) (Dallas, TX, May 01, 1989)

“The Jury Charge” (Trial Tactics Conference, University of Texas School of Law) (Dallas, TX, December 01, 1988)

“Executory Contracts, Participations, and Letters of Credit” (State Bar of Texas, Failing Financial Institutions Seminar) (Dallas, TX, September 01, 1988)

“The Jury Charge” (State Bar of Texas, Advanced Civil Trial Course) (Dallas, TX, July 01, 1988)