Notable Matters

We have routinely represented Comcast in its major commercial dispute and contract litigations, including:
- Represented Comcast in litigation with the National Football League over telecasting the NFL Network that included both a New York State court action and an FCC proceeding that was tried before an Administrative Law Judge. During post-trial briefing, the parties entered into a favorable settlement that included a long-term agreement to telecast the NFL Network.
- Defending affiliates of Comcast, as well as the San Francisco Giants, against claims brought in California State Court by the Golden State Warriors basketball team alleging breach of the team’s broadcast rights agreement.
- Successfully obtained dismissal of a suit by Southern Entertainment Television (SET) seeking to compel carriage for its programming on Comcast's cable systems; the Eleventh Circuit affirmed the district court’s decision.
We obtained an arbitration award in favor of Bank of America, N.A. regarding a dispute with its former landlord, Solow Building Co., after hearings before a retired federal judge and full presentation of witnesses and exhibits on disputed issues of fact. Davis Polk has represented the bank with respect to a series of fierce disputes with the landlord involving several hundred million dollars. Most of these matters were settled, but more litigation and an arbitration ensued after the landlord failed to perform its end of the deal. The arbitrator decided all issues in Bank of America’s favor, awarding the bank the full amount of its claim while denying every one of the landlord’s counterclaims.
We successfully defended Coöperatieve Centrale Raiffeisen-Boerenleenbank (Rabobank) in the United States District Court for the Southern District of New York in a breach of contract action brought by MBIA Insurance Corp. and one of its subsidiaries relating to a synthetic collateralized debt obligation (CDO) transaction involving a $1 billion portfolio of securities.
We are seeking recovery of approximately $79 million owed to our client Chimei by certain customers for unpaid LCD panel purchases. Following a recent evidentiary “prove up” hearing, the Los Angeles County Superior Court found that Chimei had offered “ample” evidence to support its contentions and entered judgment in its favor. Chimei now seeks to enforce this judgment.

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We won a dismissal of claims brought in New York state court by Creative Mobile Technologies, LLC (CMT) against our client, SMART Modular Technologies, Inc., alleging damages resulting from a supposed breach of contract relating to the delivery of CPU's and displays for use in taxicabs.
We have represented the Spirits of St. Louis Basketball Club, LP – the last surviving American Basketball Association team – in connection with litigation arising out of a 1976 settlement agreement that permitted the merger of the NBA and ABA. In the settlement, the owners of the Spirits agreed to release their legal claims in exchange for a share of future television revenues from the four ABA teams that joined the NBA. Although the Spirits have collected certain television revenues over the years from the four former ABA teams (the so-called Expansion Teams), the Spirits contend that they are owed additional television revenue with respect to international NBA broadcasts and cable-television broadcasts outside the teams’ local areas, as well as revenue from games televised on NBA TV and through NBA League Pass, a premium service that provides subscribers with access to most NBA games.
We obtained summary judgment as to liability on behalf of Credit Suisse in a breach of contract action brought by our client in New York state court against Vitro Envases Norteamerica (Vitro), a subsidiary of one of the largest glass manufacturers in the world, related to Vitro’s default on a series of interest rate, foreign currency and natural gas derivatives transactions. The matter has been referred to a Special Referee to determine the total amount of damages due to Credit Suisse, including interest, attorneys’ fees and costs.
We obtained summary judgment on behalf of JPMorgan Chase in a breach of contract action brought by our client against Controladora Comercial Mexicana, one of Mexico’s largest retailers.
We defended Credit Suisse and DLJ in an action in which the plaintiff alleges that he loaned money to a company on the condition that a bank group led by DLJ would continue to fund the company through its economic troubles. We won summary judgment in the Eastern District of Louisiana on all claims against our clients one day before the case was to be tried by a New Orleans jury.
We represented Bank of America in an action brought by a private bank customer who entered into a “cashless collar” transaction with the bank. After a two-week bench trial, the court dismissed the customer’s claims in full.
After years of litigation, New York’s highest court dismissed as time-barred a multimillion dollar case against Morgan Stanley brought by its former client, IDT Corporation, which charged Morgan Stanley with tortious interference with a contract and misusing confidential business information. Following the Court of Appeals decision, IDT attempted to replead; the New York Supreme Court, Appellate Division ultimately affirmed the lower court’s dismissal of the amended claims.

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Awards and Rankings

Notable Matters