Commercial Litigation

We often represent corporations involved in significant commercial disputes, serving both as primary and Delaware counsel. Sample representations include:

• The Chemours Company, in a declaratory judgment action relating to its spinoff

• Eisai Inc., in a dispute with SpePharm AG

• Trimble Inc., in an action for damages concerning an acquisition

• Affiliates of Zurich Insurance Company, in a dispute with other insurance companies
• Nestlé Purina PetCare Company, in an action to enforce a post-closing determination by an accounting arbitrator
• The Related Companies, L.P. in an action for damages against individuals and entities involved in a joint venture
• Roche Diagnostics Corp. and affiliates in multi-forum litigation to enforce patent and contractual rights against Meso Scale Diagnostics LLC and affiliates
• CHA, LLC, in an action to enforce drag-along rights in an LLC agreement
• Plaza Management Overseas S.A., in a dispute with The Carlyle Group and certain of its affiliates
• Strategic Value Partners, LLC and affiliates, in seeking a temporary restraining order enjoining a recapitalization of Bicent Power LLC
• Wypie Investments, LLCA in a fraud and breach of contract action against the former executive of a restaurant franchise
• TBI Overseas Holdings, Inc., in a dispute over indemnification under a purchase agreement
• Harland Financial Solutions, Inc., in an earn-out dispute
• Certain Underwriters At Lloyd’s, London, in a coverage dispute with Oracle Corporation
• Bloomberg News, in various actions to enforce access to court documents
• El Paso Corporation, in a contractual dispute with the co-owner of a pipeline transmission company
• American Centuries Companies, Inc., in a contractual dispute with its former 40% stockholder, JP Morgan Chase & Co.
• Orbital Sciences Corporation, in a purchase price adjustment and breach of representations dispute with General Dynamics Corporation
• Transocean Offshore Deepwater Drilling, Inc., in a dispute arising out of the Deepwater Horizon oil spill
• Certain holders of a junior participation in a loan securitization, in a dispute over the proposed restructuring of a loan secured by the Atlantis Resort and Casino
• Lerner Master Fund, LLC, an investment vehicle of the Lerner family, in an action that obtained post-trial redemption of their seed investment in a hedge fund
• The Bank of New York Mellon Trust Company, N.A., as indenture trustee
• Alliance Data Systems, in an action to collect a termination fee.
• SLM Corporation, in an action to collect a termination fee
• Horizon Personal Communications Inc., Bright Personal Communication Services, LLC, and iPCS Wireless, Inc. in litigations against Sprint Corporation
• A landowner in Argentina, in litigation through jury trial on claims against an oil company for damage to its property