Christopher Fernandez

Selected Trial and Arbitration Experience

• Cervecería Modelo de México S de RL de CV v. CB Brand Strategies LLC et al. (S.D.N.Y.): Defending Constellation Brands and a number of its subsidiaries in the Southern District of New York in a breach of contract and trademark infringement lawsuit arising out of a licensing agreement with Modelo de Mexico, an Anheuser-Busch InBev company. After a two-week trial, the jury delivered unanimous verdict for Constellation Brands on all counts.
• In re HIV Antitrust Litigation (N.D. Cal.): Represented Gilead Sciences in antitrust class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the development and sale of certain HIV treatments. Won dismissal of one set of claims on summary judgment and persuaded the court to hold a standalone trial on plaintiffs’ central claim that Gilead paid Teva to delay launch of generic versions of Gilead’s blockbuster HIV drugs. Settlement achieved with retailer plaintiffs and two classes of direct purchasers during trial. In June 2023, a jury returned a complete defense verdict for Gilead, rejecting the plaintiffs’ claims seeking more than $10 billion in damages.
• In re Opana ER Antitrust Litigation (N.D. Ill.): Representing Impax Laboratories in a putative class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the opioid pain medication Opana ER® (extended-release oxymorphone hydrochloride).
• Alto v. Sun Pharmaceuticals (S.D.N.Y.): Represented Sun Pharma in a breach of contract dispute concerning the non-payment of milestone payments related to certain drugs in connection with the sale of a business to the plaintiff. Litigated the claim through trial.
• Himawan v. Cephalon (Del. Ch.; Del.): Represented Teva and its subsidiary, Cephalon, Inc., in breach of contract litigation arising from Teva's alleged failure to pay an earn-out to the seller of a pharmaceutical company. Kirkland won dismissal of claims for breach of the implied covenant of good faith and fair dealing and tortious interference with contract. After a bench trial, the court entered decision in client's favor—rejecting plaintiffs' claims. Affirmed in full on appeal.
• Profit-Sharing Agreement: Represented hedge fund in arbitration arising from a dispute with fund founder. After a week-long evidentiary hearing, the arbitration panel unanimously rejected the founders’ core claims, finding no breach of contract or breach of fiduciary duty.

Other Litigation Matters

• Defending Upsher-Smith Laboratories, Inc. in the Southern District of New York alleging a generic drug price-fixing conspiracy regarding generic propranolol, a blood pressure medication. Prior to the MDL transfer, Kirkland won dismissal of certain state law claims.
• Defending Amneal Pharmaceuticals in New Jersey Superior Court and certain of its current and former officers and directors in putative class action litigation alleging Securities Act violations relating to its merger with Impax Laboratories. Settlement achieved in 2022.
• Defending Young Living Essential Oils in a securities class action in the District of Utah related to Young Living's business model. 
• Defending Sun Pharmaceuticals and its subsidiary Ranbaxy Pharmaceuticals, Inc. in an antitrust class action alleging Ranbaxy obstructed competition by making fraudulent misrepresentations to the FDA in seeking approval for its generic versions of blockbuster drugs Nexium®, Valcyte® and Diovan®. Kirkland won dismissal of claims brought by the end-payor plaintiffs related to alleged violations of the state consumer protection statutes of California and West Virginia. In 2022, prior to the start of trial, the parties entered into a settlement agreement.
• Defended Blackstone affiliates in broken deal litigation as to sales of several hotel properties in which the purchasers sought to be excused due to the COVID-19 crisis. In one multi-jurisdictional matter, Kirkland achieved precedent-setting rulings on summary judgment holding that purchaser’s failure to close during the pandemic was not excused. Kirkland also secured in that matter an anti-suit injunction enjoining parallel litigation in Puerto Rico.
• Defended The Special Committee of the board of directors of Taubman Centers in “material adverse change” litigation related to the attempted termination by Simon Property Group of its $9.8 billion Taubman acquisition. The case settled on the eve of trial in 2020 with the deal closing.
• Defended Honeywell International Inc. and certain of its current and former officers in a putative securities class action in the District of New Jersey arising out of the company’s accounting for asbestos-related liabilities. Preliminary settlement achieved in 2021.
• Represented a digital telecommunications company in connection with an internal investigation concerning allegations of payments to public officials in connection with the company’s Latin American operations that potentially implicate the Foreign Corrupt Practices Act. The team conducted on-site investigations in Spanish, and assisted the client in strengthening internal controls and compliance oversight.
• Represented a U.S. Investment Advisor in an internal investigation into whistleblower-type complaints concerning the fund investment valuation process, compliance controls, culture and potential employee retaliation.
• Advises private equity firms and their portfolio companies on Foreign Corrupt Practices Act and adjacent international risk issues in dozens of cross-border transactions.

• Represented a client, pro bono, in seeking asylum for herself. Asylum granted in 2022.
• Assisted the Minnesota Department of Human Rights (MDHR), pro bono, in its investigation into the City of Minneapolis and Minneapolis Police Department (MPD) following the killing of George Floyd in 2020. In 2022, MDHR released findings that showed the city and MPD engaged in a pattern or practice of discriminatory, race-based policing in violation of the Minnesota Human Rights Act.