Civil Litigation

• Billtrust and its board of directors in successfully preventing shareholders from blocking the closing of a $1.7 billion acquisition
• Galaxy Digital in Delaware Chancery Court litigation related to termination of merger agreement
• Counsel to Morgan Stanley and bank syndicate in Twitter, Inc. v. Musk in Delaware Chancery Court

Pascale’s representations before joining Davis Polk include the following:

• A multinational bank and various affiliates in lawsuits arising out of the Bernard Madoff Ponzi scheme
• A financial services corporation in obtaining dismissal, in both the district court and on appeal, of purported class actions seeking hundreds of millions of dollars in connection with the collapse of Madoff “feeder” hedge funds
• Genting Malaysia in shareholder litigation arising from its acquisition of Empire Resorts, Inc.
• Empire Resorts in Delaware Section 220 books and records litigation (through trial) and appraisal litigation in connection with its acquisition
• A telecoms company and certain of its directors and officers in shareholder derivative and class action litigation in the Delaware Court of Chancery relating to a $146 billion acquisition
• Temasek in securing dismissal of securities class action arising from privatization and spin-off of Chinese company Wu Xi
• A leading security company in a New York state action alleging breach of contract claims in connection with a failed acquisition
• ESL Investments in the $5.2 billion acquisition of Sears Holdings and Transform Holdco LLC as purchaser of substantially all of the assets of Sears Holdings in litigation and disputes in Sears’ Chapter 11 case
• Casino operator in arbitration relating to a lease dispute
• National Amusements Inc., the controlling stockholder of Viacom Inc., in its actions that removed five members of Viacom’s board of directors and elected five new members to fill the vacancies created by the removals
• Nortel Networks Inc. and affiliates in their U.S. Chapter 11 proceedings
• A multinational bank in various parallel investigations being conducted by, among others, the UK Financial Conduct Authority, the CFTC, and the DOJ, regarding allegations of manipulation and collusion in the foreign exchange markets
• Pro bono Voting Rights Act litigation in Jones County, North Carolina that led to implementation of a new electoral map for the 2018 elections