Atif Khawaja, P.C.

Representative Commercial Litigation Matters 

• For United Airlines, led the defense of a lawsuit brought by Expedia, Inc. related to Expedia’s ability to sell United airfares. Settled on favorable terms after defeating a request for a preliminary injunction that would have forced United to extend the duration of Expedia’s access to United flights.

• For Welspun, the world’s largest textile maker, led the defense and successful resolution of multiple class actions alleging misrepresentations to millions of consumers regarding “Egyptian” and “Pima” cotton products sold by major U.S. retailers. Defended class-wide settlement from multiple legal challenges.

• For Henkel KGaA, led the defense and won summary judgment defeating over $1B of claimed tortious interference and breach of contract damages arising out of proposed refinery cleaning technology venture. The court held definitively that no deal was ever reached, foreclosing all claims. The Sixth Circuit affirmed the district court’s decision after successful oral argument. The Sixth Circuit also reinstated Henkel’s related lawsuit against the plaintiff’s principal, reversing the trial court’s entry of summary judgment against Henkel on those claims.

• For Sagent M&C, a fintech service provider, defeated an emergency injunction, TRO, and appeal brought by a customer seeking to enforce an IT services contract that was procured by fraud. 

• For United Airlines, won summary judgment and obtained a foreclosure order and preliminary injunction paving the way for the sale of Avianca Airlines. In related litigation, defeated multiple attempts at both the trial and appellate level to enjoin United from providing financing to Avianca.

• For United Airlines, led the defense and successfully resolved $1B+ antitrust lawsuit by DHL alleging a conspiracy to fix prices for air cargo shipments. Matter settled while case dispositive motions were pending.

• For Tata Consultancy Services, the world’s largest IT service provider, representing on a $1+ billion contract dispute with a confidential customer.

• For a private equity firm in a qui tam suit regarding one of its portfolio companies. The U.S. Attorney’s Office for the Eastern District of Texas has alleged that the portfolio company paid optometrists to refer cataract surgery patients in violation of the Anti-Kickback Statute and the False Claims Act.

• For a major India-based international conglomerate, representing in an internal investigation related to allegations that it sold mislabeled products worth hundreds of millions of dollars over a multi-year period.

• For Information Resources, Inc. (IRI), leading the defense in a breach of contract lawsuit brought by Nielsen Consumer LLC stemming from IRI's pending sale to The NPD Group, a provider of market information and advisory services. Defeated the plaintiff’s preliminary injunction motion.

• For Compass, the nation’s largest independent real estate brokerage, leading the defense of a lawsuit brought by an individual claiming to be a Compass founder and seeking $200M+ in founders’ equity.

• For Sun Pharmaceuticals, defending $10B antitrust suit alleging fraud on the U.S. Food & Drug Administration in connection with several drug applications.

• For Morgan Stanley Resorts, defeated $350M+ contract claims brought by Hilton surrounding the iconic Grand Wailea, Biltmore, LaQuinta, Doral and Claremont Resorts. After five-day trial, the court rejected Hilton’s claims.

• For IMG, defeated $300M+ mass action fraud and consumer misrepresentation claim related to unsuccessful real estate venture. Won summary judgment disposing of plaintiff’s claims.

• For Dow, defended and successfully resolved claim to compel its $15B acquisition of Rohm & Haas in the wake of the 2008 financial crisis. On the first day of trial, Dow renegotiated acquisition with major price reduction.

• For New Silk Route, the largest Indian private equity fund, defended and successfully resolved claims brought by a disgruntled investor and a parallel SEC investigation. Also defeated preliminary injunction brought by ex-board member Rajat Gupta and secured dismissal of his claim.

• For directors of the U.S. Soccer Federation, defeated claims alleging breach of fiduciary duty in connection with the Federation’s denial of Division II sanction to the North American Soccer League. All claims dismissed.

• For IBM, defended and successfully resolved $100M+ suit filed by a disgruntled customer alleging that IBM fraudulently induced it into an enterprise resource planning system contract and then breached that contract. Plaintiff dropped claim while dismissal pending.

• For Hess, defended and successfully resolved $6B claim brought by the U.S. Virgin Islands arising from closure of the world’s largest oil refinery.

• For Teva, defended and successfully resolved product liability suit involving its quinine drug. Matter settled favorably while Louisiana Supreme Court was deciding interlocutory appeal of summary judgment decision.

• For Morgan Stanley, defeated and successfully resolved multiple investor arbitration and regulatory claims alleging improper broker dealer practices.

• For IBM, advised on multiple claims asserted by customers surrounding allegedly inadequate software implementations.

• For Expedia, successfully defended various state and federal regulatory investigations. No claims filed against Expedia.

Representative Intellectual Property Litigation Matters

• For Honeywell, successfully sued competitors on aviation patent portfolio related to FAA safety mandate. Won jury trial of infringement. Won bench trial defeating claims of unfair competition and patent invalidity.

• For Hotels.com, defeated infringement suit related to location searching patents. Secured successful claim construction, summary judgment of license and non–infringement and successfully dismissed plaintiff appeal.

• For Compass, defeated or successfully resolved multiple competitors’ suits alleging trade secret misappropriation and unfair competition in effort to stifle Compass’s growth. Defeated preliminary injunction motions in three separate suits.

• For Appian Capital Advisory, defended and successfully resolved suit alleging false advertising, misappropriation of trade secrets, tortious interference and unfair competition.

• For Bridgewater, the world’s largest hedge fund, successfully sued and blocked ex-employees from pursuing competing investment vehicle venture.

• For Honeywell, successfully sued ex-employee and ex-customer who collaborated to launch competing security product. Matter resolved favorably while summary judgment motion to dispose of all defenses was pending.

• For Pfizer, defended breach of contract claim arising out of patent license. Matter resolved after pursuing validity challenge of underlying patent. 

• For Autoliv, defeated inventorship challenge brought by competitor directed at 20 key airbag patents. Won at arbitration.

• For Honeywell, successfully sued competitor for infringing navigation sensor patent. Defendant exited market after preliminary injunction motion was filed.

• For Travelocity, defended infringement claims related to location searching and mapping patents. Matter settled favorably after the filing of an early summary judgment motion.

• For Cigna, defended and successfully resolved multiple patent infringement suits directed at core business. Matters settled after discovery established patent exhaustion, license and prior use defenses.