Professional Experience
Partner
Current
Current
Owens Corning, et al v. Credit Suisse First BostonLead counsel representing Credit Suisse and other bank creditors in the dispute regarding the value of present and future asbestos personal injury claims against Owens Corning, which is currently in Chapter 11. The difference between the competing estimates of the value of those claims is approximately nine billion dollars. A trial of this case was held in January 2005 before Senior District Judge John Fullam, and the parties are awaiting the court's decision. Icahn v. American AirlinesLead counsel representing American Airlines in the winning defense of tortious interference claims asserted by Carl Icahn arising out of American’s 2001 acquisition of TWA. Icahn sought damages totaling hundreds of millions of dollars and an injunction that could have resulted in the loss by American of billions of dollars in revenues. American filed a preemptive declaratory judgment action seeking a determination that Icahn’s threatened tortious interference claims were groundless as a matter of law, followed by a motion to dismiss the claims. Mr. Rothman argued the motion, which was granted in a December 2002 decision dismissing all of Icahn’s claims, and is currently lead counsel on the appeal by Icahn. Mr. Rothman has also served as the senior litigation partner in various other lawsuits arising from American’s acquisition of TWA and has served as one of American’s primary litigation counsel since 1988. In re Loral Space & Communications, LtdLead litigation counsel representing Loral in gaining approval, after trial, of Loral’s billion sale of its North American assets to Intelsat. The sale was approved by US Bankruptcy Judge Peter Drain after an intensive litigation that included expedited discovery and trial - all of which was conducted in the space of approximately one month. Duke Energy Trading and Marketing, L.L.C., and Duke Energy Merchants, L.L.C. vs Enron Corp. et al.Lead counsel representing Enron in winning motion to dismiss of a multi-hundred million dollar lawsuit brought by Duke Energy seeking to pierce the veil of various Enron entities and to impose a constructive trust on Enron assets. Mr. Rothman argued Enron’s motion to dismiss, which was granted in an April 2003 decision issued by US Bankruptcy Judge Arthur Gonzalez. Thereafter, the litigation was settled. FutureSource LLC v. Reuters Limited, Reuters S.A., and Reuters America Inc.Lead counsel representing Reuters in successful Seventh Circuit appeal of preliminary injunction. After an Illinois district court entered a preliminary injunction based on tortious interference claims asserted by FutureSource against Reuters arising out of Reuters’ acquisition of Bridge Information Systems, Mr. Rothman led and argued the appeal to the Seventh Circuit. In a November, 2002 decision written by Judge Richard Posner, the Court reversed the injunction and declared that FutureSource had no claim against Reuters. Reuters proceeded to file a motion for summary judgment and counterclaims for abuse of process in the district court. In re Trans World Airlines, Inc.Lead counsel representing American Airlines in the winning defense of scores of employment discrimination claims asserted by the EEOC seeking to impose successor liability on American as a result of its acquisition of TWA. In a March, 2003 decision, after argument by Mr. Rothman, the U.S. Court of Appeals for the Third Circuit affirmed the trial court decisions rejecting the EEOC’s successor liability claims. Laverne Bigelow v. GE Capital Mortgage Services, Inc.Lead Counsel representing GECC in successful defense of putative nationwide consumer class action filed in the United States District Court for the Central District of California. After GECC made and prevailed on its motion to dismiss, the case was settled for $15,000. Wilburn B. Hager and Clarsie M. Hager v. GE Capital Mortgage Services, Inc.Lead Counsel representing GECC in putative nationwide consumer class action filed in the United States District Court for the Northern District of Alabama. Obtained favorable settlement. Reuters v. Cantor FitzgeraldLead counsel representing Reuters in complex multi-year international arbitration seeking termination by Reuters of long term contract worth in excess of $250 million. Case was tried to panel of arbitrators over a period of more than three years, at which point Reuters filed and won a substantial motion for summary judgment leading to a highly favorable settlement in which the contract was terminated and Reuters received a significant payment. Leucadia v. Florida Power and Light Co.Lead Counsel representing Leucadia as plaintiff in multi-million tax indemnification lawsuit against FP&L arising out of Leucadia’s acquisition of Colonial Penn Corp. The case was tried to a jury in federal court in the Southern District of New York, and was then settled successfully in a mediation ordered by the court after the close of Leucadia’s case. Museum of Modern Art/MalevichLead Counsel representing the Museum of Modern Art in response to claims seeking possession of the Museum’s entire collection of Malevich paintings worth in excess of $100 million. Claims were resolved prior to litigation by means of a highly favorable settlement pursuant to which the Museum preserved virtually the entire collection. The Republic of Croatia , et al. v. The Trustee of the Marquess of Northampton 1987 SettlementLead Counsel representing Sothebys in the highly-publicized Sevso Silver Case, a complex international art litigation involving conflicting ownership claims by several foreign governments to a collection of Roman Silver, and claims of fraud against Sotheby’s. All claims against Sothebys were dismissed at jury trial after the close of the plaintiffs’ case. State of Kansas, et al. v. United States of America, et al.Successfully represented American Airlines on appeal to the DC Circuit, which affirmed grant of summary judgment upholding the constitutionality of the Wright Amendment. American Airlines v. United AirlinesCo-lead counsel in trial of major antitrust case brought by American Airlines against United Airlines arising out of United’s acquisition of Air Wisconsin. After substantial completion of trial before Judge Kimba Wood, the case was mediated, resulting in a favorable settlement for American. American Airlines v. Christensen et al.Mr. Rothman served as lead counsel for American Airlines in multiple litigations throughout the country prosecuting fraud and piracy in connection with American’s frequent flyer program. In the Christensen case, the first one to be litigated, Mr. Rothman filed and won a motion for summary judgment on American’s behalf, and then argued and prevailed on the defendants’ appeal to the 10th Circuit. Thereafter, Mr. Rothman obtained favorable settlements for American, including permanent injunctions, in two of the other frequent flyer cases. City of St. Louis, et al. v. Department of TransportationLead counsel for American Airlines in the defense of litigation arising from American’s multi-hundred million dollar purchase of TWA’s international aviation routes between the US and London. Mr. Rothman argued and prevailed in the 8th Circuit on the appeal of a decision from a Department of Transportation order approving the sale of international route authorities to American. Apkon v. Odyssey Partners, L.P.Lead Counsel in arbitration representing Odyssey Partners. Prevailed at trial on all but two claims, and as to the principal claim the arbitration panel’s decision was later reversed on appeal. US v. The Premises and Real Property at 4492 South Livonia RoadAppointed by Second Circuit to argue appeal challenging the constitutionality of civil forfeiture seizure. Prevailed on original appeal and reargument. Westinghouse PCB litigationLead Counsel representing Westinghouse responsible for coordinating multiple toxic tort cases throughout the country.
Education
Washington University
J.D.
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Tufts University
B.A.
magna cum laude
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Speaking Engagements
Effective and Ethical Crisis Management: A Guide For In-House Counsel Legal Departments (Dallas, Texas, May 7, 2008) American Airlines CLE Program
Extending The Bounds Of Personal Jurisdiction In The Global Market Place (co-authored for program with Richard Rothman and Keith Gibson) (Washington, DC, November 06, 2002) Organization for International Investment General Counsel Conference (Washington DC 2002)
Organization For International Investment General Counsel (Washington DC, January 01, 2002) (OFIIC) Conference
International Arbitration Symposium, "Whether to Arbitrate International Disputes." Sponsored by Weil, Gotshal & Manges, Rajah & Tann, and Derains & Associates. (New York, June 13, 2001)
Arbitration and Mediation of Complex Commercial Disputes (Scottsdale, AZ, January 01, 2001) Chaired program presented at the 2001 American Bar Association Section of Litigation Annual Meeting
The Venice Court of National and International Arbitration’s Third Venice Conference on the Resolution of Disputes in the International Art Trade (Venice, September 01, 2000)
Effective Coordination of Multiple Product Liability Litigation (New York, January 01, 1998) Co-Chaired PLI program
Litigating Complex Cases: From the Inside Out (New York, January 01, 1997) Glasser LegalWorks
Preparing a Toxic Tort Case For Trial (New York, January 01, 1991) PLI Program
Websites & Blogs
Website
Website
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