| Defense of the National Football League in Consumer Class Action. Currently defending the National Football League in putative class action lawsuit alleging claims of breach of contract and fraud against the NFL and the Dallas Cowboys for allegedly not providing prescribed seats to ticketholders at the Super Bowl XLV game. Defense of Hedge Fund Litigation. Representation of defendant entities in a class action alleging breach of fiduciary duty, aiding and abetting, and vicarious liability in connection with the failure of a hedge fund. Successfully drafted and argued motion to dismiss, obtaining dismissal of all claims with leave to replead. In re Parkcentral Global Litigation. Defense of Class Action Under Texas Education Code. Successfully opposed class certification in a case alleging that online college violated Texas Education Code. Poison Pill Litigation. Represented provider of enterprise software solutions in the Delaware Chancery Court trial and subsequent Delaware Supreme court appeal of the first case to challenge the validity of a 4.99% shareholder rights plan (or net operating loss "poison pill"). Selectica, Inc. v. Versata Enterprises, Inc. and Trilogy, Inc. M&A Litigation. Represented Special Litigation Committee of target company in connection with shareholder challenge to merger transaction alleging breaches of fiduciary duty. ICO, Inc. Special Litigation Committee. Defense of Accounting Restatement and Earnings Projections Securities Fraud Claims. Defended worldwide pump manufacturer in a class action alleging securities fraud arising from accounting restatement, merger integration issues, and missed earnings projections. Obtained an order denying class certification and granting complete summary judgment in favor of the defendants, which was remanded for further proceedings after appeal. Flowserve Corporation Securities Litigation. Special Litigation Committee Investigation. Representation of Special Litigation Committee of one of the country's largest temperature-controlled transportation services companies in investigating breach of fiduciary duty claims arising from related-party transactions. Frozen Food Express Derivative Litigation. Dismissal of Multi-Forum Shareholder Derivative Cases. Obtained dismissal of shareholder derivative suits in New York and Texas alleging that directors and officers breached their fiduciary duties in connection with accounting restatement, merger integration issues, and missed earnings projections. Flowserve Corporation Derivative Litigation. Defense of Securities Class Actions. Defended the former President and CFO of a public company in a securities fraud class action arising out of the alleged failure to disclose related-party transactions. Natural Health Trends Securities Litigation. Representation of high technology client in parallel securities fraud class action, derivative litigation, formal SEC inquiry and internal investigation involving alleged accounting misstatements. Representation of biotechnology client in securities fraud class action arising out of non-approval of new drug. SEC Enforcement and Litigation Matters. Representation of investment advisor in connection with SEC inquiry into "pay to play" practices involving public pension funds. Defense of an individual in SEC enforcement action alleging illegal insider trading. Bankruptcy Trustee Litigation. Obtained summary judgment on behalf of the former President and CFO of a public company in a lawsuit brought by the bankruptcy trustee of a former distributor claiming fraudulent inducement and civil conspiracy. Kelly v. Lexxus International et al. Defense of former directors of bankrupt company in adversary proceeding brought by bankruptcy trustee alleging breach of fiduciary duty. |