Representative Matters

  • Commercial Healthcare Partners, LLC v. Frontline Pharmaceuticals, LLC, Pernix Therapeutics Holdings, Inc., Athyrium Capital Management, LP, Douglas Drysdale and Terence Novak. Civ. A. No. 15-3132 (E.D. Pa.). Defense of business torts arising out of a nonexclusive marketing/business agreement.
  • CVS v. OraPharma. AAA Arbitration. Defense of claims arising out of a supply agreement. (AAA 2015 – pending).
  • KVK-Tech, Inc. v. Valeant Pharmaceutical, Inc., et al. Defense of claims for breach of contract under pharmaceutical license agreement. (AAA 2015 – pending).
  • Nautica Apparel, Inc. v. Liwa Trading Enterprises, LLC. Prosecution of claims for declaratory relief and breach of contract under apparel license agreement. (ICC 2015 – pending).
  • Novozymes v. Human Genome Sciences and GlaxoSmithKline. Successful defense of claims for breach of contract under pharmaceutical license agreement resulting in $110M of cost savings. (ICDR 2013-2014).
  • Representation of nationwide debt collector in enforcement action brought by the FTC. (2011-2013).
  • Giray v. Ulukaya, et al. Case No. 652838 (NY Supreme Court, Manhattan 2012). Defense of Euphrates, Inc. The former wife of the founder of Euphrates, Inc. and Chobani, Inc. alleges that she is the majority shareholder of both Euphrates, Inc. and Chobani, Inc., and has filed derivative and other claims against Euphrates, Inc. for a diversion of corporate opportunity and breach of fiduciary duty.
  • Veitch v. Davis, et al. Case No. 12-1918 (Berks County, PA 2012). Defense of acquiring bank in a shareholder derivative action.
  • Open Solutions Inc. v. Abington Savings Bank. Case No. 3:11-CV-00831 (D. Conn. 2012). Prosecution of breach of contract and unfair trade practices claims.
  • Spread Enterprises, Inc. v. First Data Merchant Services Corporation, et al. Civil Action No. 11-CV-4743 (E.D.N.Y. 2011). Defense of putative class action suit arising out of a merchant processing agreement.
  • On behalf of a global pharmaceutical and vision care company, prosecution of claims for breach of contract arising out of a technology license agreement. Settlement reached before arbitration hearings. (ICDR 2011).
  • On behalf of a global pharmaceutical company, defense of a wrongful death action based upon allegations of failing to control access to toxic chemicals. (NJ Superior Court 2011).
  • On behalf of a global pharmaceutical and vision care company, defense of claims for infringement and breach of contract brought by a nonpracticing entity. Multi-week arbitration. Settlement reached after arbitration hearings. (ICDR 2010-11).
  • Centocor Ortho Biotech, Inc. v. Schering-Plough Corporation, et al. Defense and prosecution of claims arising out of a “change of control” provision stemming from a business combination between Merck & Co., Inc. and Schering-Plough Corporation. Multi-week arbitration. Settlement reached after arbitration hearings. (ICDR 2009-2011).
  • Coventry Health Care, Inc., et al. v. Caremark, Inc. Civil Action No. 3:09-cv-1009 (M.D. Tenn. 2009). Plaintiff Coventry alleged that Caremark improperly approved reimbursements for certain pharmacy claims submitted through the Department of Defense and for certain Medicaid claims for which Caremark billed Coventry.
  • The Hartford Fire Insurance Company v. First Health Group, Corp. (AAA 2009). Defense of claims based on allegations of incorrect payment of claims submitted to workers’ compensation provider network. Deployed early case evaluation to reach a settlement before arbitration hearings.
  • Public Consulting Group, Inc. v. Unisys Corporation. Defense of claims for breach of contract under a teaming agreement for an MMIS program. Three-week arbitration. Settlement reached after arbitration hearings. (JAMS 2008-2009).
  • Southshore Baseball, LLC v. Aramark Sports and Entertainment Services, LLC. (N.D. Ind. 2008). Defense of a declaratory judgment action arising from a purported termination of a concession services agreement. Motion for summary judgment in favor of Aramark.
  • Medpro, Inc. and Physicians Information Services, et al. v. Syneron, Inc. et al. (D.N.J. 2008). Defense of claims based on allegations of a denial of service attack and computer hacking.
  • Jacob Apelbaum v. First Data Corporation, et al. (E.D.N.Y. 2008). Defense of Section 1983 and defamation claims based on statements allegedly made to the United States Secret Service. Summary judgment in favor of First Data Corporation.
  • First Vietnamese American Bank v. STAR Networks, Inc., et al. (Superior Court of California 2008). Defense of claims based on membership in an electronic payments network. Deployed early mediation strategy to reach a settlement.
  • HT of Highlands Ranch, Inc. v. Highline Capital Corp. (D.N.J. 2008). Defense of claims under Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961, et seq.
  • Unilever Ice Cream v. Jack & Jill Ice Cream Co. (Bergen County, NJ 2008). Defense of claims for fraud and breach of a distribution agreement.
  • David Ney v. Open Solutions Inc. (E.D. Pa. 2008). After four-day jury trial, defense verdict in connection with claim by former employee for unpaid sales commissions.
  • John B., et al. v. Dave Goetz, Commissioner, Tennessee Dept. of Finance and Admin., et al. (M.D. Tenn. 2008). Five-day e-discovery hearing devoted to ESI and cost-sharing issues.
  • First Data Corporation v. Securityholder Representative of Peace Software International, Ltd. (2008). Deployed early mediation strategy to resolve post-merger claim for fraud and accounting adjustments.
  • Schering-Plough, Ltd. v. Centocor, Inc. Successful prosecution of claims under a pharmaceutical license agreement for access to second generation technology and follow on drug. (ICDR 2005-2006).
  • Elliott Green v. Bennett DeLoney & Noyes, P.C., et al., Civil Action No. 3:03-cv-05291-AET-TJR (D.N.J. 2003). Defense of potential class action under the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA).
  • Representation of global hospitality company and global food services company in matters related to privacy and data security.