Bet-the-Company and Corporate Governance Dispute Litigation
Our team frequently advises on our clients’ most significant M&A litigation matters, being the liaison between the c-suite or principals and the outside litigation team. Our primary function is to help our c-suite and principal clients determine key business objectives in the litigation and execute against those objectives in a business-first manner. For example, our team developed and executed the litigation and related media strategy for Darwin Deason and Carl Icahn when the investors sought to block Xerox’s merger with FujiFilm. This strategy resulted in a first-of-its-kind injunction in New York and the ultimate takeover of Xerox by the investors. Other recent examples include material litigations and disputes for Post Holdings, Genuine Parts, Airgas I and Airgas II and a multi-Billion dollar biotech company.
Select representative matters:
Multi-Billion dollar family-owned biotech company on bet-the-company litigation strategy, and a significant capital raise from a strategic investor to fund a litigation settlement and tender offer.
Darwin Deason and Carl Icahn on their litigation to block Xerox Corp’s $6.1 Billion sale to FujiFilm, which resulted in precedent-setting New York case law, and the ultimate settlement and takeover of Xerox Corp by the investors.
There are several proprietary and highly confidential matters our firm has advised on. Further details, case studies and direct references to our record of exemplary outcomes are available upon request.