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Represented the former owner and
directors of a property-casualty reinsurer in a
series of seven related suits that sought $450
million in damages for allegedly improper insurance
practices, including alleged brokerage, fronting,
pooling, insurance placement, and loss reserve
abuses. During the course of the protracted litigation,
the partners took over 125 depositions, employed
eight expert witnesses, and marshalled over two
million pages of documentary evidence on behalf
of their clients in federal and state court proceedings
in New York and Kentucky. In one of several reported
decisions, the Second Circuit and Kentucky Supreme
Court overturned a $45 million judgment against
the clients for allegedly declaring unlawful dividends
in National Distillers & Chemical Corp. v.
Stephens, 912 S.W.2d 30 (Ky. 1996). A D&O coverage claim was also successfully
prosecuted on behalf of the former directors.
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Defended the seller of an insolvent
reinsurer charged with fraudulently concealing
a massive reserve deficiency in an eight week
trial in the Southern District of New York. On
appeal, the United States Court of Appeals for
the Second Circuit unanimously reversed a $42
million judgment against our client in Delta Holdings,
Inc. v. National Distillers & Chemical Corp.,
945 F.2d 1226 (2d Cir. 1991), cert. denied, 508
U.S. 985 (1992).
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Defended the owner and President
of a casualty reinsurer against fraud and RICO
claims by its ceding companies. The claims were
dismissed on summary judgment. In a related proceeding,
similar claims by retrocessionaires were summarily
dismissed in Stephens v. American Home Assurance
Co., 811 F. Supp. 937, 954 (S.D.N.Y. 1993).
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Represented a medical device manufacturer
in an SEC investigation into fraudulent stock
manipulation practices. Witnesses and evidence
provided the SEC resulted in the Commission filing
a civil complaint against the principal competitor
of the client for violations of the federal securities
laws.
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Represented the NASD in a series
of antitrust class actions that charged the client
with conspiring with the New York Stock Exchange
and American Stock Exchange to fix the price of
third market securities. In the principal action,
a directed verdict was issued in favor of the
client in a jury trial in Dallas, Texas.
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Represented a captive insurer
charged with breaching a net worth guarantee in
a bulk reinsurance agreement. The claim was dismissed
on summary judgment.
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Successfully represented directors
and officers seeking coverage for future claims
from an insurance holding company that was seeking
to distribute assets to shareholders without adequately
securing the indemnification rights of the directors
and officers.
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Won a jury verdict for a prominent
radio personality in an age discrimination suit
against
a large media company in the Middle District of
Pennsylvania.
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Represented three Fortune 500
companies before the SEC in three improper payment
investigations into alleged bribery and related
practices that purportedly inflated earnings and
manipulated the price of their stock.
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Represented an Australian client
in a series of trade secret, breach of contract,
antitrust, constructive trust, and patent suits
against a rival medical device manufacturer in
New York, Texas, Connecticut, Illinois, and Australia.
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Successfully defended the Hilton
hotel chain and its controlling shareholder in
a California suit growing out of a takeover attempt
by a rival hotel company.
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Represented a large paper manufacturer
charged with price fixing in a series of antitrust
class actions consolidated in the Eastern District
of Pennsylvania.
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Represented the Federal Reserve
Bank of New York in a contract indemnity action
in the Southern District of New York.
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Represented a large shipping company
that lost a multibillion dollar contract to transport
liquified natural gas from Indonesia to Japan.
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Successfully defended a California
company in a four-year battle against its former
owner in federal and state court suits in New
York, New Jersey, California, and Switzerland.
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Represented a large New England
food chain in a takeover action against a rival
Canadian firm in federal court in Portland, Maine.
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Successfully defended a North
Carolina life insurer in a series of takeover actions,
proxy battles, and securities fraud cases in federal
and state courts in North Carolina and Delaware.