Compass Lexecon President Daniel R. Fischel Testifies Successfully In August 2017, Judge William Martinez of the United States District Court for the District of Colorado granted Archstone’s motions for summary judgment and ordered the entry of a final judgment in favor of Archstone terminating the case. The decision ended 10 … Continued
Trinity Industries, Inc., a manufacturer of highway guardrail safety products, was sued by two Illinois counties that purchased their products, claiming that Trinity enriched itself through certain design changes to the products that made them unsafe, and failed to disclose those changes to the Federal Highway Administration, to the Illinois … Continued
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
During the years 2005, 2006, 2007 and 2008, the Western and Southern Life Insurance Company and its affiliates (“Western & Southern”) purchased residential mortgage backed securities with a face value of $538 million. The Bank of New York Mellon (“BNYM”) was the Trustee for the Trusts which issued these securities. … Continued
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 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
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
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
Compass Lexecon was retained by counsel for Deutsche Bank National Trust Company as Trustee to evaluate a proposed $695 million settlement between 99 Trusts, JP Morgan and the FDIC. The Trusts had purchased mortgage loans from Washington Mutual. After Washington Mutual was shut down, the FDIC was appointed receiver and … Continued
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