Representative Securities Litigation Matters 

• One of the lead attorneys for Royal Ahold and certain affiliates in Royal Ahold Securities and ERISA litigations in one of the largest multidistrict litigation class action securities fraud/ERISA cases ever filed in the state of Maryland, involving billions of dollars.
• Represented medical device company, ReWalk Robotics in parallel putative class actions in state and federal court in Massachusetts asserting violations of the federal securities laws. Doug obtained dismissal of all claims in both courts and successfully argued for affirmance of the federal court dismissal before the First Circuit Court of Appeals.
• Secured a motion to dismiss with prejudice on behalf of DBV Technologies in a securities class action filed in the US District court for New Jersey, alleging the company made false or misleading statements and failed to disclose sufficient manufacturing data on their key therapeutic treatment.
• Represented Ormat Technologies, a leading geothermal company, in a securities class action and associated derivative actions in the District of Nevada. The case was settled favorably for the client.
• Represented Advance Auto Parts in a securities class action in the District of Delaware and successfully obtained dismissal of a related derivative action against its board of directors and certain senior executives.
• Represented Teligent Inc. in a securities class action in the Southern District of New York and related stockholder derivative litigation in multiple courts.
• Represented Aixtron SE, a German-based technology company, in a putative securities class action filed in the US District Court for the Southern District of New York. The complaint alleged that the company made misrepresentations and material omissions in press releases and SEC filings regarding the status of a large order of one of its products by a large Chinese customer that was eventually reduced substantially, resulting in a decline in the company's stock price. Doug obtained a dismissal of all claims against Aixtron.
• Represented certain Dynegy officers and directors in a securities litigation concerning statements made in connection with Dynegy’s restructuring efforts. Obtained a complete dismissal of all claims.
• Represented Talbots and certain of its officers and directors in obtaining a complete dismissal of all claims alleged in a putative class action securities litigation.
• Represented US Foods in In re USF Pricing Litigation, a multidistrict class action in federal court in Connecticut involving challenges to industry-wide pricing practices and alleged RICO violations.
• Represented Fibria Celulose in a putative class action litigation alleging securities violations arising out of losses Fibria incurred with respect to its foreign exchange derivative portfolio.

Representative Complex Commercial Litigation Matters

• Advised Stop & Shop Supermarket Company in a long-running dispute with Vornado Realty Trust that involved multiple hearings and a two-week bench trial.
• Secured summary judgment in Delaware Chancery Court reinstating the founder and CEO of a leading health care finance company as manager in a high-stakes governance dispute; obtained affirmance of the Chancery Court ruling by the Delaware Supreme Court within 24 hours of argument.

Representative Bankruptcy & Restructuring Matters

• After a multiday trial, successfully obtained an order of foreclosure on behalf of senior secured lenders with respect to oil tankers in the Winland Ocean Shipping bankruptcy.
• Represented a former Lehman Brothers Inc. employee in a multiday trial and on appeal in connection with a dispute as to unpaid bonus payment.
• Successfully represented Dynegy Holdings in Delaware Chancery Court concerning a challenged corporate reorganization.
• Advised JPMorgan Chase in a litigation concerning the allocation of tax benefits resulting from the plan of reorganization of an insolvent California insurer.
• Conducted a two-week trial on behalf of the junior secured noteholders of Residential Capital concerning issues as to the value of the noteholders’ security interests.
• Represented major shareholders in Delphi’s bankruptcy and was successful in obtaining an order for the formation of an equity committee over the objections of the debtors, the creditors committee, the lenders, and the US Trustee. Also represented the defendants in a highly publicized, cutting-edge action seeking to compel specific performance of a $2.5 billion equity investment in Delphi and asserting numerous other tort, contract, and statutory claims.
• Prevailed at trial in imposing an involuntary bankruptcy on a major real estate developer to sell the Flatotel in New York City, resulting in a leading published decision.
• Conducted a weeklong trial in connection with the motion of the senior secured lenders of an international shipping company to convert a Chapter 11 case to Chapter 7.