Litigation management and strategic advice

 
 

Garamendi v. Altus Finance, et al. (C.D. Cal.). View Briefs and decisions
Represented California Commissioner of Insurance and 330,000 former policyholders asserting claims for fraud and conspiracy in connection with the sale of the junk bond portfolio and insurance assets of Executive Life Insurance Company.  Litigation filed in 1999 against Credit Lyonnais S. A., Artemis S.A. and other French and Swiss companies who acquired ELIC assets using a series of secret portage (fronting) agreements in violation of State and Federal law.  Recoveries to date for former ELIC policyholders approaching $900 million. Additional jury award of $700 million in punitive damages is currently on appeal to the 9th U.S. Circuit Court of Appeal.

Otor Participations S.A. v. Credit Lyonnais(SD NY). 
Represented a French industrial company seeking damages for breach of fiduciary duties and violation of Federal securities laws in connection with recapitalization of French corrugated cardboard box manufacturer. View Press Coverage1 - View Press Coverage2

Raleys, Inc. v. Save Mart Supermarkets (San Joaquin, CA Superior Court) 
Defended Save Mart Supermarkets and its CEO in commercial dispute asserting breach of contract and breach of fiduciary claims regarding the operation of a jointly owned, food production and distribution company. 

Finance Factors Inc. v. Koolau Agricultural Co. (District Court Honolulu, HA) 
Defended land development corporation and officers against claims for breach of contract and fraud in connection with funding for a large water development project in Hawaii. 

Katz v. Blech (N.D. CA) 
Defended biotechnology company and various of its officers and directors accused of federal securities law violations in connection with an Initial Public Offering (IPO).

Castle & Cooke, Inc. v. Charles Hurwitz, (District Court Honolulu, HA). 
Assisted in  defense of hostile takeover attempt through development of regulatory stategy.

Sheckman v. Windels, Marx, Davies & Ives, (Surrogates Court County of New York). 
Represented trust beneficiary in law suit seeking damages for fraud, self-dealing and breach of fiduciary duties in connection with the management of a large family trust.

Consolidated Foods Corp. v. Borg-Warner Acceptance Corp.
(San Francisco Superior Court). 
Represented furniture manufacturers in litigation seeking damages for negligent failure to perfect security interests in inventory financing program.

Alsup v. Montgomery Ward & CO, 57 R.F.D 89 F. Supp. (ND CA). 
Defense of alleged federal truth-in-lending act violations. Defeated a motion to establish the case as a class action.

   
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