Representative Engagements

U.S. Supreme Court

• Oklahoma v. Castro-Huerta, 142 S. Ct. 2486 (2022) – secured a 5-4 Supreme Court victory on behalf of the state of Oklahoma in a case concerning jurisdiction over crimes committed by non-Native Americans against Native Americans in Indian country.
• Cummings v. Premier Rehab Keller, 142 S. Ct. 1562 (2022) – secured a 6-3 Supreme Court victory on behalf of Premier Rehab Keller, a Texas-based physical rehabilitation center, in a case concerning the availability of emotional-distress damages in a private action to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act.
• Goldman Sachs Group v. Arkansas Teacher Retirement System, 141 S. Ct. 1951 (2021) – secured a 8-1 victory at the Supreme Court for Goldman Sachs in a $13 billion private securities action in which plaintiffs alleged that Goldman Sachs had violated securities laws by making a series of generic and aspirational statements.
• Borden v. United States, 141 S. Ct. 1817 (2021) – secured a 5-4 Supreme Court victory narrowing the scope of a key part of the primary federal statute imposing mandatory-minimum sentences for repeat offenders.
• Seila Law  v. Consumer Financial Protection Bureau, 140 S. Ct. 2183 (2020) – secured a 5-4 Supreme Court victory for Seila Law in a landmark case concerning the constitutionality of the structure of the Consumer Financial Protection Bureau.
• Obduskey v. McCarthy & Holthus, 139 S. Ct. 1029 (2019) – secured a unanimous Supreme Court victory in favor of McCarthy & Holthus, a law firm, on the question whether entities that engage in nonjudicial foreclosure proceedings in accordance with state law are not subject to the general provisions of the Fair Debt Collection Practices Act.

Federal and State Appellate Courts

• United States v. Fortenberry. 22-50144 (9th Cir. 2023) – secured reversal by the Ninth Circuit of a criminal conviction against a former member of Congress for making false statements to government agents, on the ground that venue for the prosecution was improper.
• Arkansas Teacher Retirement System v. Goldman Sachs Group, Inc., 77 F.4th 74 (2d Cir. 2023) – won landmark decision reversing class certification in a $13 billion private securities action in which plaintiffs alleged that Goldman Sachs had violated securities laws by making a series of generic and aspirational statements—the first federal appellate decision to apply the Supreme Court’s earlier ruling in this case.
• Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group, Inc., 68 F.4th 792 (2d Cir. 2023) – won appellate victory vacating a $570 million damages award against integrated technology services provider Atos Syntel in long-running trade secrets litigation with competitor Cognizant and its subsidiary, healthcare IT services provider TriZetto Group.
• Fikes Wholesale, Inc. v. HSBC Bank USA, N.A., 62 F.4th 704 (2d Cir. 2023) – successfully represented the financial services industry in defending the settlement of the payment card interchange-fee class action in the Second Circuit, believed to be the largest private antitrust settlement in history.
• Hughes Communications India Private Limited v. The DirecTV Group, Inc., 71 F.4th 141 (2d Cir. 2023) – convinced the Second Circuit to reinstate Hughes India’s indemnification claims against DirecTV in a case stemming from DirecTV’s spinoff of Hughes India.

• SEC v. Rio Tinto, 41 F.4th 47 (2d Cir. 2022, 2023) – won an important decision from the Second Circuit on behalf of former Rio Tinto chief financial officer Guy Elliott, limiting the scope of scheme-liability claims under SEC Rules 10b-5(a) and (c).
• KKR & Co. v. Mayberry, No. 2021-CA-1307, 2023 WL 2939473 (Ky. Ct. App. Apr. 14, 2023) – obtained a series of appellate victories for Blackstone Alternative Asset Management in the Kentucky Supreme Court and the Kentucky Court of Appeals, dismissing $50 billion in derivative claims related to the Kentucky state pension system and overturning a subsequent trial court decision allowing the Kentucky Attorney General to intervene as a new plaintiff in the case.
• CNA COVID-19 Litigation (various courts, 2021 – 2023) – won a series of appeals for CNA Financial and its affiliates before the Second, Third, Fourth, Fifth, Seventh, Eighth and Ninth Circuits in lawsuits concerning whether business-interruption provisions in commercial property insurance policies cover income lost during the COVID-19 pandemic.

• City of Warwick Municipal Employees Pension Fund v. Restaurant Brands International Inc., 178 N.Y.S.3d 26 (1st Dept. 2022) – won the unanimous reversal, on appeal, by the New York Supreme Court Appellate Division, First Department—a highly unusual result—dismissing a securities class action in New York state court concerning a secondary stock offering.

• Marion HealthCare v. Becton, Dickinson & Co., 29 F.4th 337 (7th Cir. 2022) – secured affirmance by the Seventh Circuit of the dismissal of an antitrust class action claiming that the defendant had conspired to inflate the prices of medical supplies by excluding competitors from the market.
• In re Tribune Co. Fraudulent Conveyance Litigation, 10 F.4th 147 (2d Cir. 2021) – won an appeal affirming the dismissal of claims brought against Citigroup in a lawsuit arising out of the bankruptcy of newspaper chain Tribune Corp.
• Anoush Cab v. Uber Technologies, 8 F.4th 1 (1st Cir. 2021) – obtained a victory in the First Circuit for Uber Technologies, defending the dismissal of a $750 million unfair-competition lawsuit brought by a Boston taxi conglomerate.
• Spirit Airlines v. Department of Transportation, 997 F.3d 1247 (D.C. Cir. 2021) – secured a victory for Spirit Airlines in a D.C. Circuit appeal under the Administrative Procedure Act challenging the Federal Aviation Administration’s allocation of flight authorizations at Newark Airport.
• Firefighters’ Retirement System v. Citco Group, 885 F. App’x 902 (5th Cir. 2021) – won an appeal affirming the dismissal of all claims against The Citco Group and its affiliates in a dispute with three Louisiana public pension funds.