• On behalf of a private equity firm that engineered a roll-up and subsequent recapitalization, first-chaired the defense of  equitable subordination claims brought by junior debtors/sellers in a two week bench trial. Bankruptcy court refused plaintiffs’ request to treat client’s $32 million senior notes as equity and rejected plaintiffs’ fraud and breach of fiduciary duty claims against client.
• Achieved confidential settlement on behalf of sellers in affirmative recovery M&A dispute over $35 million in milestone payments relating to clinical trials on a medical device.
• Achieved confidential settlement on behalf of a life sciences in drug development affirmative recovery dispute.
• Won a $15 million patent licensing arbitration on behalf of a biotech company in an arbitration brought by the licensor of certain patents. Had previously first-chaired and won a $20 million patent license dispute involving related science, with the claimant receiving only a small fraction of amount previously offered in settlement.
• Achieved confidential settlement in patent infringement affirmative recovery dispute.
• First-chaired the defense of a large law firm in thirteen related securities fraud arbitrations in which 300 claimants sought over $200 million. After four years, matters favorably resolved for an amount roughly equal to future defense costs.
• Conceived and first-chaired a $410 million interpleader action filed by the largest United States’ tobacco companies against hundreds of plaintiffs’ attorneys that had represented in states in the lawsuits that resulted in the Master Settlement Agreement between the states and the tobacco companies. Obtained two separate injunctions enjoining competing lawsuits, the certification of three defendant classes of plaintiffs’ lawyers and negotiated the dismissal with prejudice of $2.8 billion in counterclaims without payment by the tobacco companies.
• Replaced prior counsel and took over defense of breach of contract case shorty before trial.  One week prior to trial rejected plaintiff’s $10 million settlement demand.  Settled case for $1 million the day after opening statements in federal court jury trial.
• First chaired affirmative recovery arbitration and recovered 100% of escrowed funds on behalf of seller under a stock purchase agreement and defeated buyer’s fraud counterclaim.
• Achieved confidential settlement in affirmative recovery arbitration brought by multiple franchisees against franchisor that began opening corporate owned locations.
• Achieved confidential settlement in trade secret affirmative recovery case on behalf of portfolio software company against developer.
• First chaired defense of health insurer in action brought by a provider.  Rejected plaintiff’s precondition for mediation that client agree that it would offer at least $10 million in a mediation. Court awarded plaintiff $2.9 million following a seven day bench trial, far less than plaintiff’s settlement demand.  Later settled  – below the plaintiff’s pre-trial settlement demand – a second action brought by a related provider on second day of jury trial after eliciting biller’s admission that it had destroyed certain records on cross.
• Achieved settlement in affirmative recovery estate litigation on behalf of family against seven charities and brokerage firm in case involving allegations of undue influence.
• Crafted a “dual arbitration” consisting of a simultaneous international arbitration and a related arbitration regarding sale goals to be set by an industry expert. Prevailed in the sales goal arbitration and leveraged victory to achieve a highly favorable contract buyout prior to the decision by the international arbitration panel.
• Key member of trial team representing the tobacco companies in connection with the fee arbitrations under their Master Settlement Agreement with the states to resolve the amount of attorneys’ fees to be paid to the private counsel retained by the various states’ Attorney Generals in their litigation against the tobacco industry.
• Shortly before trial, obtained a decision from a California appellate court ordering the trial court to enter summary judgment in favor of client, a supplier of alcohol beverages, on a $30 million tortious interference claim brought by distributor.
• Won temporary restraining order two days after Christmas preventing the termination of a marketing agreement at year-end, followed by expedited four day evidentiary hearing resulting in preliminary injunction order in January.  Supplier then consented to permanent injunction and later agreed to make a multi-million contract buy-out payment
• First chaired trial and obtained favorable jury verdict and $1.3 million judgment on fraud claim by insurance company client against a software development company in Broward County, Florida (and the dismissal of all counterclaims with prejudice following discovery abuses by defendant).
• Defeated a competitor’s request for injunctive relief seeking to enjoin client from entering a $270 million pharmaceutical contract with Cook County.
• Achieved confidential settlement of distribution agreement affirmative recovery dispute.
• Achieved confidential settlement agreement in promissory note affirmative recovery dispute.
• Lead national defense counsel for the author James Frey in over 15 consolidated class actions in the SDNY relating to the sale of Mr. Frey’s book, A Million Little Pieces.

JD, Indiana University School of Law (Magna Cum Laude), 1991

BA, Indiana University, 1988

Illinois, 1991

California, 2011