Don Hong

Complex Litigation

• In re Paraquat Prods. Liability Litigation — Liaison counsel for herbicide manufacturer in Philadelphia mass tort program alleging injuries resulting from alleged exposure to paraquat.
• In re Paraquat Prods. Liability Litigation — Counsel for herbicide manufacturer in multi-district litigation alleging injuries resulting from alleged exposure to paraquat.
• Williford v. Syngenta Crop Protection LLC, et al. — Co-lead counsel for Syngenta Crop Protection in Florida state action alleging injuries resulting from alleged exposure to paraquat. Successfully defeated punitive damages claims, resulting in dismissal of Florida defendant and removal of case to federal court.
• Parker v. Syngenta Crop Protection LLC, et al. — Co-lead counsel for Syngenta Crop Protection in Florida state action alleging injuries resulting from alleged exposure to paraquat. Successfully removed case to federal court.
• Huntsman International LLC v. Albemarle — Trial counsel for Huntsman in litigation alleging fraud and breach of contract concerning the billion-dollar acquisition of a pigment manufacturing business. Following a multi-week trial, AAA panel of three former federal judges awarded Huntsman $665 million in compensatory and punitive damages. Reporting on the case, a Wall Street analyst noted, “when I heard Kirkland & Ellis took on the case on a contingency fee basis, I’m like, ‘Well it’s just a matter of time.’” The American Lawyer reported that the “$200 million fee award shows that Kirkland & Ellis’ strategic decision to ‘double down’ on contingency fee cases is paying off in a big way.” The American Lawyer also recognized Don and the Kirkland team as “Litigator of the Week” for this win.
• Navient Corporation — Counsel for Navient and its subsidiaries in multi-state attorney general litigation. Secured a nationwide settlement with a multi-state attorney general group, which was covered by every national media outlet, including extensive coverage by the New York Times (here and here).
• Walmart — Counsel for Walmart in products liability and personal injury actions alleging heavy metals in baby food in federal and state courts around the country.
• BASF — Counsel for BASF in defense of multi-state and class action litigation concerning the sale of talc products.

Bankruptcy Litigation

• HONX, Inc. — Counsel to HONX, Inc., a wholly-owned subsidiary of Hess Corporation, in its Chapter 11 case filed in the United States Bankruptcy Court for the Southern District of Texas. HONX and its corporate predecessors had for decades been subject to thousands of asbestos-related personal injury claims in connection with HONX’s former ownership and operation of an oil refinery on St. Croix, in the U.S. Virgin Islands. After two years in bankruptcy process, including hard-fought litigation, HONX confirmed its plan utilizing a section 524(g) channeling injunction, which satisfied all valid current and future asbestos claims and resulted in prompt and fair compensation for claimants and finality from current and potential future asbestos tort litigation for HONX and Hess.

Antitrust Litigation

• Tronox Limited — Counsel for Tronox in United States District Court for the District of Columbia and antitrust proceedings brought by Federal Trade Commission related to Tronox’s worldwide acquisition of Cristal.
• In re Ranbaxy Generic Drug Application Antitrust Litigation — Counsel to Sun Pharma and its subsidiary, Ranbaxy, in a putative class action litigation 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®.
• In re Effexor XR Antitrust Litigation — Counsel to Teva in a putative multidistrict class action litigation arising out of a patent litigation settlement concerning the antidepressant drug Effexor®.

Corporate Governance Matters

• Kellner v. AIM Immunotech, Inc. — Co-lead trial counsel to AIM Immunotech, Inc., in its successful defense of a proxy contest brought by billionaire activist, Ted Kellner, in expedited litigation in Delaware Chancery Court. Following a four-day trial, the Court of Chancery upheld AIM’s rejection of the activist’s slate.
• Huntsman Corporation in its successful defense of a proxy contest by Starboard Value.

Government Investigations

• Counsel in five-year Monitorship of the California utility Pacific Gas & Electric stemming from its 2016 conviction of the 2010 San Bruno pipeline explosion.
• Counsel to a leading investment and advisory firm in an SEC investigation involving allegations of improper valuation practices and undisclosed conflicts of interests.
• Counsel to leading hedge fund firm in an SEC investigation involving allegations of insider trading.
• Counsel to multinational company in FCPA and other government anti-corruption investigations.
• Counsel to publicly-traded company’s board of directors in connection with FCPA-related internal investigations and government enforcement actions involving the U.S. Department of Justice and the SEC.
• Counsel to an individual in parallel insider trading investigations by the SEC and DOJ.

Counsel to American Samoa Government in filing cert petition at the U.S. Supreme Court regarding the enforceability of American Samoa treaties with the United States.

Counsel to death-row petitioner in state habeas corpus appeal.

Counsel to Virginia inmate petitioner in a Section 1983 excessive force action against a former corrections officer (4th Cir.).

Counsel to refugee from Western African country in obtaining asylum in the United States as a result of religious persecution.

Counsel in landlord-tenant housing conditions case in the Superior Court of the District of Columbia.