Graco Inc. v. PMC Global, Inc. — Represented PMC Global, Inc. and its subsidiaries in a matter arising out of the sale by PMC in 2005 of a spray-foam insulation equipment company to Graco Inc. Following the reentry into the spray foam equipment market by a PMC subsidiary, Graco filed suit against PMC alleging breach of contract claims and misappropriation of trade secrets. PMC filed a counterclaim for antitrust violations by Graco, alleging that Graco used anticompetitive tactics, including de facto exclusive dealerships, to suppress the new entrant’s efforts to reach the marketplace. Following PMC’s defeat of Graco’s attempt to win summary judgment dismissing PMC’s antitrust claims, PMC participated in an investigation of Graco by the Federal Trade Commission for the very same anticompetitive conduct challenged in PMC’s antitrust counterclaim. Ultimately, that investigation led to a complaint by the FTC against Graco, and a consent judgment against Graco in the FTC matter, along with a contemporaneous settlement of the litigation between PMC and Graco.
Sheet Metal Workers Antitrust Litigation — Represented a major pharmaceutical company in defense of tying claims arising out of a bundled discount pricing strategy. Successfully had the claims dismissed based upon a legal issue of first impression in the Third Circuit.
AMEC v. Department of Transportation — Represented the New Jersey Department of Transportation in defense of claims for substantial additional compensation by a general contractor, arising out of significant delays to a bridge replacement project.
In re NASDAQ Market Makers Litigation — Represented National Discount Brokers in defense of multi-jurisdiction, billion-dollar class action alleging fixing of the bid-ask spread on the NASDAQ market, and in defense of related investigations by the SEC and Department of Justice. Negotiated settlements with the SEC and DOJ and crafted the threshold settlement with the class plaintiffs. Designed and implemented a compliance program for the client as required by the terms of the SEC and DOJ settlements.
In re DBSI; Zazzali v. Swenson, et al. — Represents the litigation Trustee for two trusts created by the confirmed bankruptcy plan of DBSI Inc. and multiple related entities. Among other things, represents the Trustee in an action in the U.S. District Court for the District of Idaho against the former DBSI insiders and others. In that Action, the Trustee alleges that these insiders violated, among other things, federal RICO and securities laws in the course of an elaborate Ponzi-like scheme to defraud investors in the real estate interests and notes and bonds that DBSI marketed.
In re Twin County Grocers, Inc. — Represented the debtor-in-possession in bankruptcy-related proceedings to uncover and recover for the self-dealing of corporate insiders leading up to the bankruptcy. The litigation involved, in part, unraveling the accounting of the debtor to reveal the self-dealing. Ultimately, the insiders repaid over $22 million.