Mallory Tosch Hoggatt

M&A Litigation

• A large multinational technology company in arbitration of post-closing dispute concerning earnout and ordinary-course covenants. 
• Ardagh Metal Packaging S.A. in connection with litigation arising out of a deSPAC merger. 
• Pattern Energy Group in litigation arising out of its acquisition by CPPIB. 
• Intercontinental Exchange Inc. (ICE) in litigation arising out of its acquisition of Black Knight.
• Microvast Holdings Inc. in litigation arising out of its deSPAC transaction with Tuscan. 
• Liberty Global in connection with litigation relating to its acquisition of Sunrise. 
• A large investment bank in litigation arising out of advisory services provided to the National Football League. 
• A large investment bank in connection with a Special Litigation Committee investigation into defense advisory services to a client facing an activist investor campaign. 
• A large investment bank in connection with the deSPAC of Alta Mesa. 
• A midstream oil & gas company in a post-closing earnout dispute. 
• A private capital investor in a brewing company in connection with a post-closing earnout dispute. 
• A large investment bank in connection with litigation challenging a founder’s interests in a subsidiary. 
• Raytheon in the United Technologies merger. 
• Goldman Sachs in litigation arising out of the sale of Saks Fifth Avenue. 
• LyondellBasell in the A. Schulman acquisition. 
• Liberty Global in connection with litigation arising out of the Liberty Broadband acquisition of Charter Communications. 
• Capital Square Partners in the Aegis/Startek acquisition. 
• CVS in the Aetna acquisition. 
• Altice in the Cablevision acquisition. 
• Dassault in the Exa acquisition. 
• WebMD Health Corporation in its acquisition by Internet Brands, a portfolio company of Kohlberg Kravis Roberts & Co. L.P. (KKR). 
• Pall in its acquisition by Danaher 
• Daimler AG in connection with various Chrysler-related post-demerger litigations and disputes. 
• Huntsman Corp. in a merger dispute with Hexion Chemicals Corp. 
• Merrill Lynch in connection with shareholder litigation arising out of its merger with Bank of America. 
• BCE Inc. against former subsidiary of Teleglobe Inc. 

Securities-Related Litigation 

• Dow Inc. in first-of-its-kind securities class action and derivative litigations arising out of disclosures concerning the impact of tariffs on its business and financial performance. 
• Taro Pharmaceutical Industries and Sun Pharmaceutical Industries in securities class action litigation arising out of Sun's acquisition of Taro. 
• Lumen Technologies in securities and derivative litigations challenging various disclosures made in securities filings. 
• A multinational, publicly listed chemicals and energy company on disclosure obligations relating to GHG emissions reduction targets and potential liability arising out of failure to achieve those targets.  
• A publicly traded hospitality company in a dispute with a former director concerning the exercise of warrants. 
• Altice USA and related entities and individuals in securities litigation arising out of IPO and in connection with Section 16(b) claims. 
• Jefferies in a securities litigation related to the deSPAC acquisition of Waitr Holdings, Inc. 
• Orbital ATK in securities litigation arising out of financial restatement. 
• LyondellBasell in connection with securities disclosures and an associate fee application dispute. 
• Underwriting syndicates, including clients such as Bank of America, Citigroup, Merrill Lynch, Credit Suisse and dozens of others, in separate securities class actions arising out of stock offerings of companies such as ZTO Express and Arconic. 
• Countrywide and related entities in ongoing institutional RMBS purchaser actions filed in state and federal courts across the United States by institutional plaintiffs such as federal home loan banks, mutual and hedge funds, insurance companies and regional banks. 
• Barclays in the FHLBS RMBS litigation. 
• Countrywide with respect to litigation concerning CDOs. 
• Todd Newman, former portfolio manager at Diamondback Capital, in connection with the reversal of his insider trading conviction. 
• White-Collar and Regulatory Investigations 
• A large multinational pharmaceutical distributor in a special litigation committee investigation. 
• A major international financial institution in an internal investigation into mutual fund investment irregularities at a Mexican subsidiary, including potential insider trading and related internal governance issues. 
• An international engineering and construction company in a criminal investigation by the United States Department of Justice for possible FCPA violations. 
• Former executives of the South American subsidiary of a multinational company in connection with an FCPA investigation and a potential criminal investigation by local authorities. 
• Employee of foreign automotive manufacturer in connection with investigation by U.S. authorities into potential regulatory, criminal, and antitrust violations. 

Antitrust Litigation 

• A financial institution in the Mexican Government Bonds antitrust class action. 
• A defense intelligence contractor in a no-poach antitrust class action. 
• A financial institution in the ISDAFIX antitrust class action. 
• A financial institution in a class action asserting violations of the Commodity Exchange Act and antitrust laws related to Yen LIBOR and TIBOR. 
• A major European cargo airline in a criminal price-fixing cartel investigation and the follow-on federal class action lawsuit and related opt-out actions alleging a conspiracy to fix the prices of air cargo. 

Additional Complex Commercial Experience

• Hunkemöller International B.V. in one of the first European bondholder litigations arising out of an uptier financing transaction. 
• A large private equity oil & gas investor in midstream assets in various commercial disputes, including strategic advisory work with portfolio companies and contractual disputes with LLC co-owners. 
• EnCap Flatrock Midstream in an MLP dispute arising out of an attempted IPO. 
• A startup behind-the-meter data center energy solutions company in dispute with co-founder.
• A startup hydrogen company in a breach of contract litigation with a services provider. 
• Citigroup in a class action concerning purported misconduct in Mexico. 
• Shorenstein Properties in connection with a commercial property dispute. 
• Deutsche Bank in a foreclosure litigation in connection with a distressed hotel property.