04 Mar 2008 Cases

Genesco/Finish Line/UBS MAC and Solvency Litigations

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We were retained in this case by Jim Denvir and William Jackson of Boies, Schiller & Flexner, LLP on behalf of their client, Genesco, in two separate highly expedited litigations related to the proposed acquisition of Genesco by Finish Line. Defendants argued that Genesco had experienced a material adverse change in its business and that Genesco had misrepresented its financial performance prior to the signing of the merger agreement. Compass Lexecon affiliate Roman Weil testified on behalf of Genesco and rebutted these claims. The court ruled in favor of Genesco on all issues. In a parallel action addressing solvency, Compass Lexecon affiliate John Finnerty was the expert for Genesco and was deposed on solvency and related economic issues. Genesco reached a favorable settlement shortly following the expert depositions.

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