Years: 2017

King Drug Company of Florence, Inc. v. Cephalon, Inc., et al.

On August 28, 2017, the District Court in this case denied Plaintiffs’ motion to certify a class of direct purchasers of Cephalon’s branded drug Provigil. Direct purchaser Plaintiffs alleged that Cephalon delayed market entry of generic versions of Provigil through illegal “reverse payment” settlement agreements with generic manufacturers. Consistent with … Continued

Compass Lexecon Client Sprint Corporation Prevails in Combined Breach of Fiduciary Duty and Appraisal Action

Chancery Court Relies on Compass Lexecon Senior Consultant Bradford Cornell’s Testimony This case involved a combined breach of fiduciary duty claim and appraisal action resulting from Sprint Corporation’s $3.6 billion acquisition of Clearwire Corporation in July 2013. Clearwire shareholders who voted in favor of the acquisition received $5.00 per share. … Continued

Compass Lexecon Experts Opinions Prevail in Arbitration Awarding Claimants More Than $320 Million in Damages for the 2008 Expropriation of Two Argentine Airlines

Compass Lexecon experts Dr. Manuel A. Abdala and Professor Pablo T. Spiller were retained by Teinver S.A., Transportes de Cercanías S.A., and Autobuses Urbanos del Sur S.A. (“Claimants”) as regulatory and quantum experts in an ICSID arbitration against the Argentine Republic. The dispute centered on two principal claims: the takeover … Continued

E-Books Appellate Decisions

In July 2017, an appellate panel in the Second Circuit upheld Judge Denise Cote’s decisions, dismissing the antitrust claims of two e-book retailers that had sued Apple Inc., and five e-book publishers, Hachette Book Group, HarperCollins Publishers, MacMillan, The Penguin Group and Simon & Schuster. The matters involved claims that … Continued

Game Show Network, LLC v. Cablevision Systems Corp.

Compass Lexecon Senior Managing Director Jonathan Orszag testified on behalf of Cablevision in a television carriage dispute between Cablevision and Game Show Network (GSN) before Federal Communications Commission Administrative Law Judge Richard Sippel. In July 2017, the Federal Communications Commission completed its review of Judge Sippel’s decision and ruled in … Continued

United States v. Block

The U.S. Attorney for the Southern District of New York criminally charged the defendant – the chief financial officer of a publicly-traded company – with intentionally misleading investors by inflating a key financial metric used to evaluate the financial performance of the firm. The financial metric at issue, adjusted funds … Continued