Experience
Grenfell Tower U.S. Group action dismissed to UKJones Day obtained a complete dismissal of product liability claims, later affirmed on appeal, brought by nearly 250 plaintiffs against a major manufacturer arising out of the Grenfell Tower fire in London. Bondholder group litigates claims related to Puerto Rico's debt restructuringJones Day is represented a bondholder group with respect to such holders' rights and remedies concerning the Employees Retirement System of the Government of the Commonwealth of Puerto Rico. FTS International completes $403.7 million IPOJones Day advised FTS International, Inc., a large provider of hydraulic fracturing services in North America, in connection with its $403.7 million initial public offering of Common Stock, underwritten by Credit Suisse, Morgan Stanley, Wells Fargo Securities, Barclays, Citigroup, and Evercore ISI. The following represents experience acquired prior to joining Jones Day.
Commercial and Trade Secrets Litigation
Lead trial counsel for claimant in a confidential arbitration seeking recovery for breach of contract. Obtained full recovery for claimant, defeated respondent's counterclaims, and obtained a discretionary award of attorneys' fees.
Litigation counsel for The Boeing Company in litigation brought by a former Boeing subcontractor alleging breach of contract and misappropriation of confidential information arising out of the United States Air Force's award of a multi-year, $1.1 billion government contract.
Litigation counsel for Hess Corporation in several cases alleging environmental contamination arising out of the alleged improper storage of gasoline.
Litigation counsel for Honeywell International in a breach of contract and trade secrets misappropriation case against a former high-level employee who left Honeywell to work for one of its competitors. Settled on confidential terms after obtaining a temporary restraining order against the former employee.
Trial counsel in a confidential arbitration involving alleged federal RICO violations, breach of contract, misappropriation of trade secrets, and other claims arising out of a dispute regarding coal-fired power plant technology.
Litigation counsel for third-party defendant, TOUSA Inc., in a multiparty commercial dispute arising out of TOUSA's bankruptcy. Briefed and argued successful summary judgment motion on lenders' breach of contract claims seeking $500 million in damages. Also briefed and argued a successful motion to strike a separate $420 million claim for indemnification asserted by a different group of third-party plaintiffs.
Trial counsel for defendant The Raytheon Company in a class action alleging violations of the Labor Management Relations Act relating to retiree health care benefits. Retained as trial counsel four weeks before trial. The case settled after a hung jury.
Appellate counsel for defendant-appellee Siemens Corporation in a case alleging breach of contract, fraud, and breach of stock option agreements. On appeal, successfully defended summary judgment in Siemens' favor on all counts.
Litigation counsel for defendant Siemens AG in a case alleging breach of contract and fraud. Successfully moved to dismiss the case.
Litigation and trial counsel for defendant Honeywell International in a civil fraud case. After a seven-week jury trial in which the plaintiff sought hundreds of millions of dollars in damages, the jury returned a complete defense verdict.
Litigation counsel for defendants AOL and Time Warner in a case alleging fraud and breach of contract. Obtained dismissal of the claims against defendant Time Warner on Rule 12(b)(6) grounds, and obtained dismissal of the claims against defendant AOL on Rule 37 grounds.
Litigation counsel for plaintiff Siemens B.V. in a breach of contract case. Briefed and argued summary judgment motion for plaintiff. The court granted the summary judgment motion and awarded millions of dollars in damages.
Product Liability Litigation
Counsel for defendant The Boeing Company in products liability litigation arising out of several aviation accidents, including: the February 25, 2009 accident of a Boeing 737 operated by Turkish Airlines, which crashed on final approach to Amsterdam, the Netherlands; the April 29, 2013 accident of a Boeing 747 operated by National Airlines, which crashed immediately after takeoff from Bagram Air Force Base in Afghanistan; the June 3, 2012 accident of an MD-80 operated by Dana Air, which crashed on final approach to Lagos, Nigeria; and the July 7, 2008 accident of a Boeing 747 operated by Kalitta Air, which crashed shortly after takeoff from Bogota, Colombia.
Counsel for defendant The Boeing Company in litigation in Moscow, Russia arising out of: two incidents on Boeing 737s operated by Orenburg Airlines, both of which returned to the airport following emergency turn-backs, and the September 14, 2008 accident of a Boeing 737 operated by Aeroflot-Nord, which crashed on final approach to Perm, Russia. Successfully obtained judgment on the merits for Boeing in both matters in the Russian courts.
Corporate Governance and Merger Litigation
Litigation counsel for Chipotle Mexican Grill and its officers and directors in a shareholder derivative lawsuit seeking recoupment of hundreds of millions of dollars of executive and director compensation. Obtained dismissal of all claims with prejudice, including claims that challenged self-interested compensation decisions.
Litigation counsel for a consortium of investors in litigation brought by shareholders of Cleco Corporation regarding the investors' $4.7 billion acquisition of Cleco. Defeated plaintiffs' preliminary injunction motion seeking to enjoin Cleco shareholder vote, and successfully moved to dismiss the complaint after the shareholder vote.
Litigation counsel for Questar Corporation and its directors in litigation brought by Questar shareholders seeking to enjoin Dominion Resources, Inc.'s $4.4 billion acquisition of Questar.
Litigation counsel for Exelon Corporation in a lawsuit brought by shareholders of Pepco Holdings arising out of Exelon's $6.8 billion acquisition of Pepco.
Litigation counsel for current and former directors of Affinity Gaming in a case alleging breach of contract and breach of fiduciary duties arising out of the company's conversion from a limited liability company into a corporation and its adoption of a shareholder rights agreement. Successfully moved to dismiss several claims, and the case settled shortly afterward.
Litigation counsel for Perini Corporation in a shareholder class action seeking injunctive relief and damages in connection with the $860 million merger between Perini Corporation and Tutor-Saliba. Successfully opposed an attempt to enjoin the merger. Plaintiff's damages claims were later dismissed.
Litigation counsel for defendant Verizon Communications in a case alleging fiduciary duty claims arising out of the bankruptcy of Flag Telecommunications Holdings. Successfully moved to dismiss the claims against Verizon.
Securities Litigation
Litigation counsel for defendants ESL Partners and Edward Lampert in a securities fraud case in connection with the merger of Kmart and Sears. Obtained summary judgment for ESL Partners and Mr. Lampert.
Litigation counsel for defendant CompuCredit Corporation, a credit and financial services provider, in a securities fraud case. Successfully moved to dismiss the complaint.
Litigation counsel for defendant Verizon Communications in securities fraud cases arising out of the bankruptcy of Genuity, Inc. (successfully moved to dismiss the complaint) and out of the bankruptcy of Flag Telecommunications Holdings (successfully moved to dismiss the claims against Verizon).
