Senior Counsel
Current◾Defending a major financial institution in numerous actions in state and federal court in which mortgage-backed securities investors, monoline insurers, and others attempt to hold the Bank liable as the successor-in-interest to Countrywide Financial Corporation, winning dismissal of several actions collectively seeking billions of dollars in damages. ◾Defending leading mortgage servicers in Qui Tam actions related to the United States Government’s financial bailout. ◾Advising an investment fund in its successful action in the Cayman Islands courts to force the restructuring of a company operating in China.◾Defending a major financial institution in multiple litigations arising from alleged breaches of financing agreements for a failed $3 billion Las Vegas hotel and casino construction project. ◾Securing dismissal of virtually all claims against Credit Suisse, New York Branch, and Credit Suisse Asset Management in an action alleging that Credit Suisse breached its contractual and fiduciary obligations to a state pension fund by investing its cash collateral from a securities lending program in Lehman Brothers securities. ◾Defending a major financial institution in multi-forum class actions and preliminary-injunction proceedings seeking to enjoin its proposed US$4 billion merger with Countrywide Financial Corporation. ◾Providing pre-litigation advice to a large financial institution in disputes concerning securities lending programs, collateralized debt obligations, mortgage-backed securities, and similar investments.◾Represented the Securities Industry and Financial Markets Association, the members of which include every major U.S. securities firm and financial institution, as an amicus in Stoneridge. The Supreme Court held that scheme liability under Rule 10b-5 did not extend to innocent commercial counterparties in transactions that a securities issuer uses to falsify its financial statements.
