Lead counsel for global health care company in patent licensing dispute affecting a broad range of products and encompassing novel patent misuse issues. Achieved favorable early settlement resolving all patent and licensing issues. Numerous follow-up patent licensing counseling matters.
Lead counsel for the leading global supplier of communications networking equipment in arbitration concerning patent license agreement with major corporation in Eastern Asia. Nine-day trial in which client prevailed, confirmed by the district court. Argued and won Second Circuit appeal concerning scope of arbitrators' disclosures.
Lead counsel for a leader in insurance technology in more than fifty cases, including an arbitration concerning a joint venture with major company in the industry; defeated multimillion dollar claims brought against client, prevailed on counterclaim and awarded attorneys' fees. Lead counsel on jury trial in Texas state court, with verdict for client on counterclaim and award of attorneys' fees. Lead counsel in dozens of other cases in state and federal courts in 22 states, primarily involving claims of fraud, breach of warranty and consumer protection act violations in connection with the sale of computer systems, as well as issues such as termination of an exclusive distributor, computer copyright infringement, dissolution of a joint venture, and nonperformance of contract for purchase of a company.
National counsel for one of the largest cigarette manufacturers and marketers in the U.S. in all cases in the Northeast in which state or local governments sought reimbursement of Medicaid expenditures attributable to smoking, and cases where union health and welfare benefit funds sought reimbursement of health care expenditures attributable to smoking. Each of these cases asked for $500 million or more in damages. Cases included actions brought by and against the Attorneys General of Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, and Vermont, and suits brought by Erie County and the City of New York and its Health and Hospitals Corporation. Defeated class certification in benefit fund case, leading to reduction in damage claim from approximately $500 million to $500,000. Lead counsel in successfully defending antitrust lawsuit brought to challenge the $200 billion settlement of the actions brought by the state attorneys general.
Lead counsel for the world's largest vehicle manufacturer in jury trial on warranty and breach of contract claims concerning gas turbine engines used in a cogeneration facility. Summary judgment on most counts and directed verdict for client on remaining claim. Argued as respondent on the Connecticut Supreme Court; unanimous opinion affirming trial court victory.
Lead counsel for one of the largest U.S. bank holding companies in jury trial and appeal defending against breach of fiduciary duty, negligence and contract claims in connection with purchase and management of commercial real estate, including issues relating to construction of building. Advise and defend depositions in related bankruptcy case.