Arbitrator – Service as a party appointed arbitrator of an insurance company denied coverage under its Employment and Practices Liability Insurance policy.
Arbitrator – Service as party appointed arbitrator in a dispute between a major league sports club and the insurer of club contract obligations with professional players who became unable to compete because of injuries.
Arbitration – Counseling major real estate owner and developer in dispute with tenant over alleged obligation to give tenant a first offer to acquire premises.
Arbitration – Co-counsel in proceeding by major ground lease tenant to reclaim substantial overcharges in rent.
Arbitration – Counseling and representation of Costco Wholesale in connection with UK arbitration initiated by ACE Insurance Company (Bermuda) seeking to avoid its obligations under an excess property insurance policy to cover subsidence loss at a Costco owned facility in the United States.
Asylum – Chief appellate counsel on the appeal to the Board of Immigration Appeals of the denial of asylum to Malik Jarno, a retarded Guinean orphan and street youth who fled to the US after his family was persecuted by the Guinean government.
Discipline – Counseling and representing high profile professionals in disciplinary proceedings and malpractice litigation.
FOIA Litigation – Defense over six years of FOIA claim to SEC by media entities seeking records pertaining to Occidental Petroleum Corporation and Dr. Armand Hammer.
Immigration Investors – Counseling of investors considering EB-5 qualifying investments and due diligence on projects that seek their funds.
Criminal and Prison Law – Co-representation of wife accused of conspiracy to murder husband in the first degree; counseling as to parole application; representation of wife convicted of accomplice to murder in first degree on application for clemency; counsel regarding defense of prison discipline proceeding.
Claim Against Insurance Broker – Millennium & Copthorne, plc – Litigation counsel in respect of suit against Willis of New York Inc. alleging negligence, fraud and other breaches in its counseling and representation of Millennium & Copthorne, plc concerning the property insurance for its US hotels in 2001, its broking of that insurance program and its wrongful conduct as its claim representative in processing excess property insurance claims arising from 9/11 business interruption and related losses at its US hotels.
Claim Against Insurer – Millennium & Copthorne, plc – Litigation counsel against the Travelers Insurance Company as to 9/11 business interruption and property damage insurance claims concerning the Millennium Hilton Hotel and other hotels in and outside of New York in the Millennium & Copthorne, plc group; defense of action brought in January 2003 by the Travelers Insurance Company for declaratory judgment and other relief in the alternative against Millennium & Copthorne for reformation, rescission or interpretation of the US$400m excess coverage provided by it under the policy or otherwise and mediation of the dispute.
Claim Against Insurers – Brookfield Properties Corporation – Counseling as to 9/11 property damage and business interruption insurance claims with respect to the World Financial Center and One Liberty Plaza.
Insurance Litigation – Fortress Re, Inc. – Representation of Fortress Re, which had underwriting authority (for over 29 years until December 2001) for a pool of insurer and reinsurer members who underwrote aircraft and other liability coverage as to: (a) Section 304 Bankruptcy Proceedings in the Southern District of New York filed by Taisei Fire and Marine Insurance Company, a member of the pool and a Japanese insurer and reinsurer that filed for liquidation in Japan following losses arising from the 9/11 attack; (b) Section 304 proceedings in that court filed by Carolina Re, a Bermuda-based reinsurer of certain of the pool risks; (c) a federal district court action in North Carolina filed by Nissan Fire & Marine Ins. Co., a pool member and Japanese reinsurer, for injunctive relief and damages against Fortress Re and its officers and directors for alleged breaches of the management contract and under other legal theories; (d) an arbitration proceeding under the managing agent's agreement between Fortress Re and Nissan in which Nissan asserts claims similar to those in its federal court action; (e) an arbitration proceeding under a managing agent's agreement between it and Aioi Fire and Marine, a Japanese nonlife insurance company in which Fortress Re asserts claims for breach of that agreement; and (f) defense of Fortress Re officers and directors in state and federal court litigation brought by Aioi Equitas.
Carolina Reinsurance (Bermuda) – Representation of shareholders and certain officers and directors of Carolina Re, a reinsurance company, after Carolina Re became insolvent following the 9/11 terrorist attack on New York, with respect to the U.S. law aspects of Bermuda liquidation proceedings, and claims and in defense of recoupment claims of the Carolina Re joint liquidators.
Defense of Certain Underwriters at Lloyd's and London Market Companies — Defense of substantial excess of loss reinsurance claims by Continental Casualty Company arising from its payment of more than US$2.4b in losses under its direct insuring agreements with Fibreboard Asbestos.
Insurance Litigation – The Legal Aid Society (of New York) – Counseling and settlement of 9/11 insurance claims as to its losses at 90 Church Street, New York City.
Insurance Claims – Aon Risk Services, Inc. – Representation of Aon as lessee of premises at the World Trade Center with respect to its 9/11 claims for business interruption and extra expense under insurance coverage from Allianz, AG.
Insurance Litigation – Ernst & Young, LLP – Lead counsel for Ernst & Young in consolidated New York State Court litigations alleging insurers' bad faith, breach of contract and nonpayment of US$8 million in defense costs with regard to an underlying litigation settled in 1992 and in defense of insurer claims to recover more than US$100m in acknowledged defense costs.
Securities Claim – Fund Administration Services (Bermuda) – An Ernst & Young affiliate – Lead counsel in defense of shareholder class and direct actions in New York state and federal courts arising from claims under the federal securities laws and common law that FASB, as administrator of the Manhattan Investment Fund Ltd., an offshore hedge fund in Bermuda liquidation and New York receivership proceedings, was solely or jointly liable for more than US$400m in losses sustained as a result of fraud and manipulation in the Fund's solicitation of and periodic reporting to investors.
Defamation and Age Discrimination – Dr. Albert Ellis – Representation of the founder of REBT therapy as to matters of control of the Albert Ellis Institute and with respect to claims of defamation and age discrimination in employment.
Rental Reset – Tishman Speyer Realty – Arbitration counsel to Tishman Speyer as landlord with respect to its dispute with Mitsubishi U.S. as lessee over the fair market rental value of premier space at 520 Madison Avenue in New York City.
Force Placement of Insurance Claim – Counsel to Brookfield Properties in its New York litigation with GMAC as mortgage servicer that force-placed terrorism insurance in 2002 on a first-class New York office building in alleged violation of the terms of the mortgage.
Internal Investigation – The Williams Companies – Internal corporate investigation into (a) practices surrounding employees being compensated as honorary directors on the boards of supplier companies and (b) opportunities being provided to certain corporate officers and directors to participate in the purchase of friends and family shares (when suppliers had their initial public offering); evaluation of shareholder derivative claims against Williams and certain of its officers and directors alleged to be based on such practices.
Injunctive Suit Against United States – American Export Partners Ltd. – Lead counsel in federal injunctive action on statutory and constitutional grounds against the United States on behalf of a designated Regional Center and its conditional resident investors under the Immigration Act of 1990 as amended to compel the United States to grant investor status under rules existing in 1998 before the alleged unlawful adoption of new rules which were retroactively applied.
Mergers Counsel – Rakisons – Counsel to Rakisons, a firm of UK solicitors, in connection with its combination with and into Steptoe & Johnson LLP, a leading Washington, DC-based law firm.
Unfair Competition – Mitchell, Madison Group - Co-lead litigation counsel in arbitration and court claims between MMG and former shareholder/director/employees involving trade libel, unfair competition, breach of fiduciary duty, misappropriation of confidential proprietary information and alleged wrongful termination.
Counsel to Secured Creditors – Commercial Financial Services, Inc. – Claims and investigation counsel to the Official Committee of Asset Backed Secured Creditors of CFS, a Tulsa, Oklahoma-based debtor in chapter 11 proceedings that issued over US$1.7b of secured interests in credit-card receivables.
Insurance Litigation – Computer Sciences Corporation – Lead counsel in a multi-million-dollar action on primary and excess insurance policies, asserting claims for declaratory judgment, breach of contract for nonpayment and bad-faith conduct of insurers and counseling as to other insurance issues.
Lender Liability Litigation – Meespierson NV – Defense counsel for Meespierson, then a leading Dutch banking house, in a litigation seeking multi-million-dollar recovery arising from alleged lender liability.
Industrial Espionage – Johnston Industries, Inc. – Investigation of multi-million-dollar claims against the Milliken Companies, Inc. for alleged industrial espionage, deceptive trade practices and theft of confidential commercial information.
Internal Investigations – Prudential Insurance Company of America – Lead counsel for a Special Litigation Committee to review the circumstances and recommend possible derivative claims for recovery of more than US$1.5b in costs and expenditures against officers, directors and third parties arising from alleged fraud in the sale by Prudential Securities Inc. of participation in various oil, gas and other partnerships in the 1980s and early 1990s.
Securities Fraud – Nuveen Investments Inc. – Defense of independent directors of two closed-end bond funds in class and derivative actions seeking more than US$50m in compensatory and punitive damages under federal and Minnesota law arising from alleged securities fraud and breach of fiduciary duties in connection with their 1993 rights offerings, including the claim that the offerings were below net asset value in direct contravention of the funds' charters.
Insurance Litigation – ICI Mutual Insurance Company – Lead counsel in defense of a federal court action by the Pilgrim Group Inc. against ICI Mutual Insurance Company for compensatory and punitive damages based on an alleged bad-faith refusal to settle E&O claims; lead counsel on ICI's consolidated complaint seeking US$5m compensatory and additional punitive damages against Pilgrim for fraud in the policy inducement, misrepresentation in the policy application, breach of Pilgrim's duty to cooperate and entering into a collusive settlement, all in bad faith.
Securities Litigation – Louisiana-Pacific Corporation – Lead defense counsel for the corporation and an officer in a federal securities "fraud on the market" litigation arising from the drop in market value of the company's stock after public disclosures about the company's indictment on fraud and environmental charges with respect to its oriented-strandboard products.
Trade Secrets and Unfair Competition – Intercapital Debt Trading Ltd. – Lead US trial counsel in injunctive and damage proceedings in United States District Court and in New York State Supreme Court in which IDT, a UK corporation, sought to enjoin Cantor, Fitzgerald & Co. (and affiliates), an emerging-markets broker, from utilizing trade secrets and inducing an entire trading desk of IDT employees to leave en masse.
Securities Litigation – Ross Cosmetics Distribution Center, Inc. (later TriStar Corporation) – Lead defense counsel in a criminal investigation and shareholder class action brought in federal court in South Carolina seeking more than US$30m in damages, arising from alleged concealment in public statements and filings of corporate bribes and custom law violations, secreting the identity of foreign ownership of more than 10% of the publicly traded issued shares of the company and concealing their identity by false entries in the company books and records.
Securities Settlement – Sundstrand Corporation – Lead counsel for Sundstrand in effecting a favorable triparty settlement between and among Sundstrand, its directors and officers liability insurance carrier and a plaintiff class (Sundstrand pled guilty in 1992 to a federal criminal violation arising from its actions under a government contract and paid a fine of US$100m; class and derivative litigations had been brought and stayed pending a report of a Special Litigation Committee).
Life Insurance Litigation – Representation of Estate of William Von Muffling to recover US$6 million in life insurance when claim denied for alleged misrepresentation in procurement.
FOIA Litigation – Representation of Occidental Petroleum Corporation before Securities and Exchange Commission in opposition to media FOIA request in a FOIA proceeding contested over four years.
Merger Litigation – Representation of City Federal Savings & Loan Association in defense of take-over effort of Canadian financier George Mann and his affiliates and in successful injunctive action voiding the Office of the Controller of the Currency’s administrative clearance of Mr. Mann as a control person.
Relief From Multi-hundred Million Dollar Federal Income Tax Jeopardy Assessment – counseling and representation of Canadian financier permanently residing in the US whose assets were jeopardy assessed, resulting in a tax and additions to tax of under US$40,000.
Defense of SEC Investigation - Counsel to Armand Hammer and Occidental Petroleum Company in SEC investigation into various aspects of its hostile exchange offer to acquire Mead Corporation.
Nonprofit Income Tax Status - Counsel to Eleanor Roosevelt – Val-Kill Partnership in securing status under IRC 501(c)(3).
Nonprofit Reorganization - Counsel to Veteran Feminists of America, Inc. in connection with its reorganization and reincorporation.
State Anti-takeover Law Litigation - Counsel to Sunshine Mining Company in prosecution of injunction claims against the Hunt Bros. for violating state anti-takeover laws.
State Anti-takeover Litigation - Counsel to Hyde Park Partners in action to invalidate Massachusetts state anti-takeover laws.
Immigration – Representation of Lyonel Dor, who had been detained as a deportable alien for over 4 years after a plea of guilty to manslaughter in order to negotiate and then effect a federal court supervised order under which, before departure, he was guaranteed to return to the US within 12 months with an immigrant visa entitling him to remain in the US as a permanent resident.