Expertise
Industries
Experience
Representative matters
A managed care organization in a dispute arising under an asset purchase agreement for the sale of a health care business.
Current and former independent directors of Wells Fargo in shareholder derivative litigation relating to sales practices.
Madison Square Garden Special Litigation Committee in connection with shareholder derivative claims challenging CEO’s compensation.
Nikko Asset Management in securities litigation arising from employee stock option plan.
Consolidated Edison, Inc. in litigation with Northeast Utilities arising from the termination of the parties’ multi-billion dollar merger agreement.
Boston Scientific in shareholder derivative and federal securities class action litigation relating to certain of the company’s medical devices.
Guidant Corporation in litigation relating to its terminated merger agreement with Johnson & Johnson.
Merrill Lynch in litigation with Allegheny Energy arising from Allegheny’s purchase of Merrill Lynch’s energy trading business.
Merrill Lynch in arbitration to specifically enforce an alleged agreement to sell an exchange seat.
Hilton Group, PLC in litigation resulting from failed negotiations to sell various of Hilton Group’s North American gaming interests.
Countrywide in securities litigation related to RMBS trusts.
First Franklin in litigation related to RMBS.
Merrill Lynch in litigation related to CDOs.
Viacom Inc. in securities litigation stemming from Viacom’s acquisitions of Paramount and Blockbuster.
Citibank against claims it aided and abetted an alleged Ponzi scheme.
A hedge fund against claims arising from its sale of certain of its holdings.
Oneida Ltd. in trade dress infringement and antitrust actions arising from Oneida’s sales of foodservice glassware.
Citicorp in trademark infringement action challenging proposed use of “Citigroup” name.
Spencer Trask Intellectual Capital in litigation asserting theft of trade secrets related to Spencer Trask’s en masse hiring of engineers and funding of a start-up venture in the photonics field.
The underwriters in securities class actions arising from the initial public offering of Prestige Brands Holdings, Inc.
A major foreign bank following the arrest of an employee for allegedly misappropriating information from the Federal Reserve.
A major investment bank following the arrest and guilty plea of a former employee to charges of conspiring to falsify financial records.
Qualifications
Admissions
New York, 1993
California, 1994
Courts
United States District Court for the Southern District of New York, 1993
United States District Court for the Eastern District of New York, 1993
United States District Court for the Central District of California, 1995
United States Court of Appeals for the Ninth Circuit, 1996
United States District Court for the Northern District of New York, 1999
United States Court of Appeals for the Third Circuit, 2003
United States Court of Appeals for the Second Circuit, 2005
United States Court of Appeals for the First Circuit, 2007
United States District Court for the Northern District of California, 2019
United States Court of Appeals for the Sixth Circuit, 2020
United States Court of Appeals for the Eleventh Circuit, 2023
Academic
B.A., magna cum laude, State University of New York at Oswego, 1986
J.D., magna cum laude, Cornell University Law School, 1991