Experience
Litigation
Advanced Micro Devices, Inc. and various putative class members v. Intel Corporation
U.S. District Court for the District of Delaware
Assisted defense of Intel in antitrust action brought by AMD and multiple putative class actions alleging Sherman Act violations in connection with the sale of microprocessors. Settled.
Barbara’s Sales Inc., et al. v. Intel Corporation
Circuit Court of Illinois, Madison County, Illinois Supreme Court
Defended Intel against allegations that it misrepresented performance capabilities of early Pentium® 4 processors. The plaintiffs sought to pursue a nationwide class action in Madison County, Illinois, but under California's deceptive trade practices statutes. On appeal, the Illinois Supreme Court held that Illinois law rather than California law applied, that the alleged misrepresentations were mere "puffing" and therefore not actionable under Illinois law, and that the case should not proceed as a class action. 879 N.E.2d 910 (Ill. 2007)
KPNX-TV v. Superior Court
Access to public records.
Schoonover v. Mobile Mini Inc.
Superior Court of Arizona, Maricopa County
Defense of action to compel issuance of stock options. Settled.
Standard Chartered PLC v. Price-Waterhouse LLP
Superior Court of Arizona, Maricopa County, Arizona Court of Appeals
Counsel for Price-Waterhouse in post-trial proceedings, on appeal, and on remand. The case involved questions of first impression under the Arizona Securities Act and various common law theories. The Arizona Court of Appeals overturned a $338 million accountant malpractice verdict and directed judgment in favor of Price Waterhouse on all but a single claim, which was settled on remand. Ariz. 6, 945 P.2d 317 (Ariz. Ct. App.1996)
Sun City Taxpayers' Association v. Citizens Utilities Company
U.S. District Court for the District of Connecticut, U.S. Court of Appeals for the Second Circuit
Defense of RICO action seeking nearly $500 million in damages brought against a public utility alleging fraud in the rate-setting process. Obtained a judgment of dismissal, which was affirmed on appeal.
Unitech Industries Inc. v. Coopers & Lybrand, L.L.P.
Superior Court of Arizona, Maricopa County
Represented Coopers & Lybrand in action alleging breach of contract, breach of fiduciary duty, common law fraud, negligent misrepresentation, professional negligence, consumer fraud and Arizona racketeering. Fraud claims against Coopers & Lybrand were dismissed. Case was settled after evidence in support of a claim for $37 million in damages was excluded.