Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.

COMMERCIAL LITIGATION PRACTICE

Represented private equity funds in much-publicized multi-billion dollar breach-of-contract action against six banks, arising out of the banks’ refusal to honor their commitment to finance the Clear Channel Communications leveraged buy-out transaction. Expedited discovery was conducted in less than six weeks. Immediately before trial in New York state court, our clients prevailed on their argument that specific performance was an available remedy. The parties settled shortly thereafter, with the banks agreeing to finance the transaction. BT Triple Crown Merger Co. v. Citigroup Global Markets, Inc., No. 08-600899 (N.Y. Sup. Ct.).

Represented a group of industrial copper purchasers in an antitrust action against J.P. Morgan, in which the purchasers alleged that J.P. Morgan participated in a conspiracy to manipulate the worldwide price of copper, thereby causing hundreds of millions of dollars in damages. Plaintiffs successfully opposed J.P. Morgan’s motion for summary judgment, and the matter settled favorably immediately before trial. In re Copper Antitrust Litigation, MDL 1303 (W.D. Wis.).

Represented Columbia Hospital for Women, a Washington, D.C. hospital for women and children founded by Congress in 1866 in a breach-of-contract action filed by its malpractice insurance provider. At trial, the jury rejected the malpractice insurance providers’ breach-of-contract claim for $1.3 million and found for Columbia Hospital for Women on its counterclaims for breach of contract, tortious interference with existing business relations, and breach of the implied covenant of good faith and fair dealing in the amount of $18.2 million. NCRIC, Inc. v. Columbia Hospital for Women Medical Center, Inc., No. 00-0007308 (D.C.).

Represented classes of California, Kansas, New York, and Wisconsin consumers of moist smokeless tobacco in antitrust and related actions against U.S. Smokeless Tobacco, in which the consumers alleged, among other things, that U.S. Smokeless engaged in anticompetitive behavior that had the effect of unlawfully raising prices paid by consumers, thereby causing hundreds of millions of dollars in damages. After plaintiffs scored numerous victories on class certification, discovery, and other issues, these matters settled on favorable terms collectively for hundreds of millions in value for consumers. Smokeless Tobacco Consumer Class Actions (2000-2008).

Litigated patent-infringement claims on behalf of prominent office equipment manufacturer against maker of optical disc drives. The case settled on favorable terms shortly after the court issued a beneficial claim construction ruling. Ricoh Company, Ltd. v. Lite-On IT Corp., No. 5:04-CV-00104 (E.D. Tex.).

Represented California’s individual and business consumers in a class action against Microsoft and obtained a $1.1 billion settlement for the benefit of class members — the largest recovery ever for consumers under California’s antitrust and unfair competition laws — with unclaimed funds benefiting California’s public schools. Coordination Proceedings Special Title (Rule 1550(b)) Microsoft I – V Cases, No. J.C.C.P. No. 4106 (Cal. Super. Ct., San Francisco Cty.).

Secured summary judgment and subsequent denial of class certification in antitrust suit alleging tying and conspiracy claims against Verizon Wireless and other major national wireless carriers. In re Wireless Telephone Services Antitrust Litigation, 385 F. Supp. 2d 403 (S.D.N.Y. 2005).

Obtained a jury verdict of $318.75 million for fraud and unfair trade practices arising out of contract negotiations between plaintiff, a high-technology start-up company, and defendant, a major ultrasound company. Volumetrics Medical Imaging, Inc. v. ATL Ultrasound, Inc., No. 1:01-CV-00182 (M.D.N.C.).

Represented Conwood in obtaining and defending the largest antitrust verdict ever affirmed on appeal — approximately $1.1 billion. Conwood Co., L.P. v. United States Tobacco Co., 290 F.3d 768 (6th Cir. 2002), cert. denied, 537 U.S. 1148 (2003).

Represented investors defrauded in a $100 million Ponzi scheme by defendants’ introducing broker. The matter settled on favorable terms. A.I.A. Holdings, S.A. v. Lehman Brothers, Inc. and Bear, Stearns & Co., No. 1:97-CV-04978 (S.D.N.Y.).