Notable Matters

We won a judgment in favor of the law firm Paul, Hastings, Janofsky & Walker in connection with a fraudulent transfer and breach of duty action filed by a creditor of Paul Hastings’ client in the District Court of Delaware.
We successfully negotiated a non-prosecution agreement with the U.S. Attorney’s Office for the Southern District of New York in connection with its investigation with the IRS into certain tax opinions provided by our client, former Dallas-based law firm Jenkens & Gilchrist.
We successfully defended Winston & Strawn in a legal malpractice action arising out of its representation of the Town of North Hempstead, New York. We won a complete dismissal of the suit in an appeal before the Appellate Division, Second Department.
We successfully represented a prominent law firm and several of its partners in threatened civil litigation with its former client and in SEC enforcement proceedings, which resulted in the SEC deciding not to bring charges against the individuals or the firm. We also represented the individual partners as third-party witnesses in a criminal trial against executives of its former client.
We have won a long line of victories for Deloitte in connection with claims brought by purchasers of notes issued by the now bankrupt supermarket chain Bruno’s, beginning with multiple victories in Alabama, including a win in the Alabama Supreme Court. Most recently, the New Jersey Appellate Division affirmed the Superior Court’s dismissal of these claims, holding in agreement with Deloitte’s argument that the case was governed by Alabama law and time-barred under Alabama’s statute of limitations.

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We represent Deloitte in connection with several Parmalat litigation matters, including a shareholder action in the federal court of New York, and actions brought by trustees acting on behalf of creditors of two Parmalat subsidiaries. We won dismissal of the claims brought by non-U.S. purchasers of Parmalat stock in the shareholder action, which substantially reduced any recoverable damages in the case; and a settlement has been agreed upon in the case. In addition, we won dismissal of two lawsuits by the trustees alleging fraud and other common law claims, decisions that were affirmed on appeal by the Second Circuit.
We represent Deloitte in connection with a shareholder litigation, as well as criminal and regulatory proceedings, arising from a massive restatement by Royal Ahold, N.V. – the Dutch grocer and former owner of U.S. Foodservice – that was prompted by the discovery of two large-scale frauds. In 2008, we won dismissal of the civil suit against Deloitte and in 2009 we prevailed on appeal before the Fourth Circuit.
We represented Deloitte in obtaining, and successfully defending on appeal, a dismissal of a 10b-5 complaint against the firm alleging misconduct in connection with Deloitte’s audits of the financial statements of Warnaco.
We represented Ernst & Young in a professional liability case arising out of the failure of the Bank of New England, one the largest bank failures in U.S. history.
We represent PricewaterhouseCoopers (PwC) in a consolidated securities class action litigation in the US District Court for the Western District of Texas related to alleged accounting fraud at Dell, Inc. We won a motion to dismiss all claims against PwC.
We represent PwC in connection with litigation arising from alleged options backdating at a number of companies nationwide.
We represent PwC in MDL proceedings in the United States District Court for the District of New Hampshire in connection with cases filed by state pension funds arising out of alleged fraud by Tyco’s former management.
We represent PwC in litigation arising out of losses allegedly suffered by one of Charles Schwab’s large investment funds on account of, among other things, the fund’s alleged investments in subprime-related assets. We won a motion to dismiss all claims against PwC.

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Notable Matters