Representative Experience

Trial

• Served as lead counsel in two international arbitrations for a global shipbuilder, protecting a contract valued at US$3bn and a construction subcontract worth US$1.5bn for warships. Prevented the prime contractor from awarding the subcontract to a competitor, enabling the client to secure the work.*
• Defended an international trading and investment company in a US$100mn breach of contract jury trial. Secured a full defense verdict on all claims and prevailed on a US $14mn counterclaim for the client.*
• Led a two-week arbitration for a U.S. shipbuilder involving more than US$70mn in contract claims against a multinational defense contractor and separately defended a US$12mn contract claim brought by the same contractor, in cases involving impossibility of performance.*
• Served as lead counsel for a Panamanian real estate company in two separate trials asserting US$50mn in breach of contract claims against the U.S. Department of State. Later briefed and argued the case on appeal.*
• Won a full defense verdict as co-lead counsel in a US$12mn defamation case brought by a former gubernatorial candidate against political party committee clients. Prevailed in the plaintiff’s hometown and defeated appeals through the U.S. Supreme Court.*
• Litigated and won case-dispositive defenses in a US$1bn union retiree health care benefits class action for a global manufacturer in a week-long bench trial and briefed the matter on appeal.*
• Co-led a four-month bench trial in a multibillion-dollar natural resource damages case brought by the U.S. Department of Justice for environmental restoration claims.*
• Successfully challenged the validity of a nationwide consent decree in a bench trial, winning major modifications and later protecting them on appeal.*

Antitrust Litigation

• Served as lead defense counsel for a Japanese electronics company and its U.S. subsidiary in two nationwide antitrust class actions, four opt-out lawsuits, agency enforcement actions, and additional threatened lawsuits involving claims of cartelized price-fixing in the lithium-ion battery industry. The matters were resolved for roughly 1 percent of claimed damages.*
• Served as lead defense counsel for a different Japanese electronics company in two nationwide antitrust class actions, multiple opt-out lawsuits, and a state agency enforcement action involving claims of cartelized price-fixing in the optical disk drive industry. The matters were resolved for less than 2 percent of claimed damages.*
• Led the defense of a generic pharmaceutical company in a putative antitrust class action alleging a horizontal conspiracy to monopolize and allocate the market for a drug based on a so-called “reverse payment” or “pay for delay” arrangement, arising from the settlement of patent disputes between the client and the branded drug manufacturer.*
• Served as lead defense counsel to an electric utility company in a putative class action alleging a horizontal price-fixing conspiracy involving rate-setting and secured a full dismissal of claims against the client.*
• Led the defense of a tax-preparation organization in a putative class action alleging a horizontal price-fixing conspiracy involving “free” tax filing services, secured a full dismissal of claims against his client, and defended the dismissal on appeal.*
• Advised global conglomerates on litigation risks associated with U.S. merger activity.*
• Counseled multiple health care companies on responding to anticompetitive conduct in key geographic markets.*
• Represented a leading global Internet company as a nonparty in a merger trial involving the airline industry.*
• Led strategic discovery and enforcement risk assessment efforts in connection with Hart-Scott-Rodino “second requests” involving corporate mergers.*
• Provided guidance on price gouging and related antitrust issues during the COVID-19 pandemic.*

Commercial Litigation

• Achieved a US$538mn settlement for more than 225 dialysis clinics in a dispute with the U.S. Department of Veterans Affairs over years of underpayment for dialysis services.*
• Led the defense of a financial services firm in a purported nationwide class action alleging violations of the Fair Debt Collection Practices Act.*
• Guided a real estate investment and finance company through a bet-the-company lawsuit involving a US$200mn change of control transaction and more than US$100mn in potential exposure, resulting in a mutually beneficial negotiated resolution.*
• Served as lead counsel to a global financial services company in a series of post-closing disputes arising from a US$180mn asset acquisition.*
• Led the defense of consolidated contract and fraud lawsuits for an international trading and investment company with claims and counterclaims exceeding US$100mn. Defeated all but one claim (later defeated at trial) and secured a US$14mn summary judgment for the client.*
• Defended a global dialysis provider in a purported Missouri class action concerning the alleged wrongful disclosure of patient medical and payment records.*
• Represented a health insurer in litigation against the U.S. Department of Health and Human Services, recovering US$30mn in risk corridor reimbursement payments mandated by the Affordable Care Act.*
• Defended a private debt collection firm’s student loan contract award by the U.S. Department of Education, defeating temporary restraining order and preliminary injunction claims brought by competitors.*
• Represented a former trustee and limited partner in complex litigation over a US$70mn trust and limited partnership agreement.*
• Negotiated an eve-of-trial settlement for a manufacturing and construction company in a bet-the-company business tort case, recovering nearly 100 percent of the client’s damages.*
• Advised multiple clients on contractual nonperformance and force majeure defenses during the COVID-19 pandemic.*
• Prepared and filed amicus curiae briefs for major trade associations in the U.S. Supreme Court, D.C. Circuit, and Ninth Circuit cases involving regulatory and constitutional litigation.*

*Matters handled prior to joining Foley.