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Experience
Antitrust Class Action*
Represented an association in a nationwide antitrust class action lawsuit involving graduate medical education; the case was dismissed as to all defendants and the dismissal was affirmed on appeal.
Copyright Infringement Trial Verdict for Standardized Testing Company*
Represented a standardized testing organization in a copyright infringement lawsuit against a test preparation company; the organization prevailed following trial and was awarded more than $10 million in damages plus attorneys' fees and costs.
TCPA Class Action
Defeated class certification and obtained summary judgment on plaintiff's individual claims in a case in which plaintiff was seeking over $400 million in damages under the Telephone Consumer Protect Act based upon its receipt of alleged unsolicited fax advertisements; denial of class certification upheld on appeal.
IP Lawsuit in Beijing*
Represented a U.S. company as a plaintiff in one of the first intellectual property lawsuits in China after China joined the World Trade Organization; the case was decided in favor of the company and its co-plaintiff in both the lower court and on appeal to the Beijing High Court.
Defense of Project Finance Lenders Sued for Not Disbursing Loans*
Represented two multilateral lending institutions in a lawsuit involving a failed road concession in South America; case settled with no payments by the defendants.
Trial of Mining Company’s Multimillion Dollar Contract Dispute*
Represented a mining venture in litigation with two utilities that attempted to get out of a long-term (25-year) lignite mining contract and to recover substantial monetary damages; the venture obtained partial summary judgment and prevailed at trial on remaining issues, following which the case settled.
Distressed Debt Litigation*
Represented a multilateral lending institution in a lawsuit involving the sale of distressed debt.
Litigation Against LLC Member Companies Under Reserve Capital Call Securing $800 Million in Bank Loans*
Represented two member companies of an international telecommunications venture, in suit brought on behalf of a consortium of banks that had loaned $800 million to the venture; resolved to the satisfaction of the member companies.
Trade Secrets Lawsuit*
Represented a company in a noncompete and misappropriation of trade secrets lawsuit against a former employee.
Supply Contract Litigation for Coal Producer*
Represented a large coal producer in multiple cases involving long-term coal supply contracts and significant dollar amounts; in all the cases, the producer prevailed.
Defended ADA “Pattern and Practice” Discrimination Lawsuit*
Represented an organization in a "pattern and practice" discrimination lawsuit brought by the United States Department of Justice under the Americans with Disabilities Act (ADA); the case was favorably resolved by way of a settlement that included dismissal of the lawsuit.
Law School Accreditation Litigation*
Defended an association in two cases brought by a law school that was denied accreditation; the school asserted antitrust and state law claims; summary judgment was entered for the association and affirmed on appeal.
University Related Litigation*
Representation of universities in lawsuits involving, among other issues:
- NCAA eligibility
- Insurance coverage
- Faculty disputes
- ADA compliance
- Student disputes
- Intellectual property
ADA Litigation and Compliance Investigations
- Represented state licensing boards in connection with investigations by the United States Department of Justice.
- Represented nonprofit testing entities in connection with dozens of ADA lawsuits, ADA-related investigations by the United States Department of Justice and ADA rulemakings.
Amicus Briefs in the U.S. Supreme Court, Federal Courts of Appeals and State Supreme Courts*
- Represented various higher education and healthcare organizations in amicus briefs filed in the United States Supreme Court involving diversity as an admissions factor.
- Represented several universities in submitting an amicus brief in a federal appellate court on ADA issues of first impression.
- Represented nonprofit associations in submitting amicus briefs in cases of importance to their members.
*Prior firm experience
