Representative Matters

  • On behalf of a global pharmaceutical company, defense of claims for contractual indemnification for $50 million arising from underlying Lanham Act litigation. (2017-pending).
  • On behalf of a global pharmaceutical company, investigation and prosecution of potential claims for failure to supply penalties arising from assets divested by a third-party manufacturer. (2018-pending).
  • On behalf of a global pharmaceutical company, investigation and defense of potential claims arising from $25 million milestone payment due at first commercial sale. (2018-pending).
  • Three pending investigations into misappropriation of proprietary information and trade secrets on behalf of a global pharmaceutical company. (2018).
  • Neuro Kinetics, Inc. v. Balance Disorder Center of New Jersey, Inc., et al. – defense of claims for misappropriation of trade secrets and conversion of proprietary information. (Western District of Pennsylvania 2017-2018 – settlement reached after motion for judgment on the pleadings filed).
  • Prosecution of claims for misappropriation of trade secrets and breach of non-compete agreement against former senior executive of a global pharmaceutical company. (District of New Jersey and JAMS 2016-2017 – settlement reached after complaint and demand for arbitration filed based on forensic evidence).
  • Successful defense of UCB Pharma against antitrust, unfair competition and malicious use of process claims in trial and appellate courts. (New Jersey 2014-2016).
  • Prosecution of claims for breach of contract and wrongful termination for a high-profile pharmaceutical executive and defense of counterclaims for $65 million in alleged damages. (JAMS 2015-2018).
  • Defense of Merck & Co., Inc. in a multimillion-dollar putative class action against claims for Lanham Act violations and unfair competition, alleging that Merck and other defendants, including Bayer Healthcare, falsely advertised Dr. Scholl’s products. (N.D. Ill. 2015-2016 – putative plaintiffs dismissed case during class and merits discovery).
  • Defense of a high-profile pharmaceutical executive in three consolidated securities class actions. (Northern District of California 2015-2018 – settlement reached after second motion to dismiss filed).
  • Successful prosecution of claims for Nautica Apparel, Inc. in an ICC arbitration in London against Liwa Trading Enterprises, LLC (a UAE enterprise) for declaratory relief and breach of contract under apparel license agreement. Secured award in favor of Nautica Apparel, Inc. for $1.4 million. (ICC 2015-2018 – enforcement of award pending in the UAE).
  • Defense of a global pharmaceutical company against claim for breach of a pharmaceutical license and supply agreement by generic manufacturer. (AAA 2015-2018 – settlement reached after multiple week evidentiary hearing and post-hearing briefing).
  • Defense of a global pharmaceutical company against claims by a national pharmacy arising out of a pharmaceutical supply agreement. (AAA 2015-2017 – settlement reached after mediation).
  • Defense of Fidelity National Information Services and Complete Payment Recovery Services in class action claims under the Telephone Consumer Protection Act and Fair Debt Collection Practices Act, securing dismissal without requiring class certification process. (E.D. Pa. 2015).
  • Successful defense of a global pharmaceutical company against claims for breach of contract under pharmaceutical license agreement, resulting in $110 million in cost savings.
  • Successful defense of First Data Merchant Services Corporation against a putative class action filed by Spread Enterprises, Inc., d/b/a Ola Brasil, arising out of merchant processing agreements. Class certification denied and plaintiff’s individual claims dismissed for lack of subject matter jurisdiction. (E.D.N.Y. 2011-2013).
  • 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. (ICDR 2011).
  • On behalf of a global pharmaceutical and vision care company – defense of claims for infringement and breach of contract brought by a non-practicing entity. Multi-week arbitration. Settlement reached after arbitration hearings. (ICDR 2010-2011).
  • 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).
  • Public Consulting Group, Inc. v. Unisys Corporation– defense of claims premised upon a teaming agreement for the design, development and implementation of a Medicaid Management Information System. Settlement reached after three-week arbitration. (AAA 2009-2010).
  • The Hartford Fire Insurance Company v. First Health Group, Corp. – 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. (AAA 2009).
  • 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. Award for declaratory relief in favor of Schering-Plough, Ltd. after multiple week evidentiary hearing. (ICDR 2005-2006).