Years: 2010

United States v. Frederick Schiff

In a widely publicized criminal action against two former officers of Bristol Myers Squibb (BMS), the U.S. Department of Justice alleged that the defendants’ role in alleged channel stuffing caused significant losses for BMS shareholders. Daniel R. Fischel and Compass Lexecon were retained by David Zornow, Larry Spiegel and others … Continued

ESCO Corporation v. Bradken Resources PTY Ltd.

In what started out as a dispute seeking clarification over certain terms of a licensing agreement between U.S.-based ESCO Corporation and its Australian licensee (Bradken Resources), Bradken asserted antitrust violations by ESCO and submitted a claim seeking significant antitrust damages. Compass Lexecon was retained by ESCO and formed a team … Continued

John M. Dewey, et al. v. Volkswagen of America, et al.

In June 2010, Compass Lexecon expert Janusz Ordover testified at deposition on behalf of Volkswagen and Audi on the appropriate valuation of a class action settlement involving alleged defects that led to water ingress in certain vehicles. Professor Ordover testified that plaintiffs’ expert overstated the settlement’s benefits to class members … Continued

State of Alaska v. Mercer

The Alaska Retirement Management Board sued Mercer for malpractice and fraud in its role as actuary to the pension and health care retirement plans for public employees and teachers in Alaska. Alaska alleged that Mercer grossly underestimated Alaska’s pension liabilities. Mercer responded that even if it made mistakes in its … Continued

SISTIC v. Competition Commission of Singapore

In its first abuse of dominance decision, the Competition Commission of Singapore found in 2010 that SISTIC, the near monopoly ticketing agency in Singapore, had abused its dominant position through a network of exclusive agreements with the main concert venues and promoters. SISTIC challenged this decision before the Singapore Competition … Continued

Google Acquisition of AdMob

Professor Daniel Rubinfeld led a Compass Lexecon team working on behalf of Google in connection with its proposed acquisition of mobile-advertising network AdMob. Professor Rubinfeld was supported by Jim Ratliff and Sarah Bartlett in the Oakland office. We submitted white papers and Professor Rubinfeld had multiple in-person meetings with top … Continued

In re ACS Shareholder Litigation

Plaintiff shareholders filed class action suits in both the Court of Chancery of the State of Delaware and in Texas state court challenging the consideration and terms of the merger agreement between Xerox Corporation and Affiliated Computer Services, Inc. (ACS) in Xerox’s $6.4 billion acquisition of ACS. Compass Lexecon expert … Continued

Darren Berry, et al. v. Volkswagen of America, et al.

In May 2010, our client Volkswagen settled a class action case involving allegedly defective window regulators (on certain models windows would spontaneously fail, becoming stuck and sometimes slipping down). Plaintiffs demanded approximately $40 million based on out-of- pocket damages and a “Benefit of the Bargain” theory. Compass Lexecon expert Janusz … Continued

Baxter International, Inc. ERISA Litigation

Plaintiffs filed a case under ERISA alleging breaches of fiduciary duties by Baxter and several related defendants. Compass Lexecon expert Daniel R. Fischel filed reports on behalf of the defendants demonstrating that the economic evidence is inconsistent with plaintiffs’ claim that the Baxter Common Stock Fund was an imprudent investment … Continued