Kirk Dahl, et al. v. Bain Capital Partners, LLC et al., No. 07-cv-12388 (D. Mass.): Co-lead counsel representing public shareholders of target companies taken private in large leveraged buyouts in a class action suit against the largest private equity firms who allegedly conspired to suppress the acquisition prices for the target companies.
In re Payment Card Interchange Fee and Merchant Discount Litigation, 05-MD-1720 (JG)(JO): Reached a $7.25 billion antitrust settlement on behalf of a class of approximately seven million U.S. merchants who accept Visa and MasterCard credit cards and debit cards for the purchase of goods and services. The defendants included Visa and MasterCard, and major card-issuing banks such as JPMorgan Chase, Bank of America, Citibank, Wells Fargo, and Capital One. The settlement, which would have resolved the lawsuit, is believed to be the largest settlement of a private antitrust case in the 120-year history of the Sherman Act (15 U.S.C. §1 et seq.) and also included important reforms of the payment card industry. The settlement was granted final approval in the District Court on December 13, 2013 over the objections of several class members. Some of those objectors appealed from the final approval order, and on June 30, 2016 a panel of the United States Court of Appeals for the Second Circuit reversed and vacated the District Court’s order, and remanded the case to the District Court “for further proceedings not inconsistent with” the Court of Appeals’ opinion.
Omnicare, Inc. v. UnitedHealth Group, Inc.: Represented defendants UnitedHealth Group, Inc. and PacifiCare, Inc. in an antitrust lawsuit involving alleged price-fixing and fraud related to prescription drug reimbursement under the federal Medicare Part D program. Plaintiff Omnicare sought damages exceeding $1 billion and permanent injunctive relief. After summary judgment motion was argued in August 2008, the U.S. District Court granted summary judgment to defendants on all claims in January 2009. Published decision: Omnicare, Inc. v. UnitedHealth Group, Inc., 594 F. Supp. 2d 945 (N.D. Ill. 2009). Summary judgment was subsequently affirmed. Omnicare, Inc. v. UnitedHealth Group, Inc., 629 F.3d 697 (7th Cir. 2011).
Powell Protection Systems, Inc. v. Best Buy Stores, L.P. (Dallas County, Texas): Lead trial counsel in defense of action claiming interference with contract and fraud relating to a home audio/video/security wiring program (2007).
Game Financial Corporation v. Global Cash Access (Minnesota, Hennepin County): Lead plaintiff’s counsel in action for interference with contract and prospective business relations (June 2004).
Advanced Communication Design, Inc. v. Premier Retail Networks, Inc. (Case No. 01-1271, 1272, United States Court of Appeals for the Federal Circuit): Defense counsel in action leading to reversal of default judgment and order for preliminary injunction in patent infringement action (September, 2002).
Racal NCS, Inc. v. Alliant Techsystems Inc., The Raytheon Group, Hughes Aircraft Company (Miami, Florida) (AAA International Centre for Dispute Resolution): Defense trial counsel before an international tribunal in a contract dispute relating to an underwater sonar device (December, 2002).
VirtualFund.com v. Melvin Masters (Minnesota, Hennepin County): Lead litigation counsel in shareholder derivative action and related proxy battle (March, 2002).
Carlson Hospitality Group, Inc. v. Diversey Lever, Inc. (Minnesota, Hennepin County): Lead counsel in dispute over vendor supply agreement (October, 2002).
Lockheed Martin Environmental Systems v. Alliant Techsystems Inc. (California, Los Angeles County): Lead trial counsel for defendant in action claiming breach of contract and changed conditions relating to environmental clean-up project at China Lake Naval Weapons Base (August, 1999).
Mission Technologies v. Alliant Techsystems Inc. (Texas, Federal Court): Lead defense counsel in matter claiming theft of trade secrets and breach of contract relating to unmanned aerial vehicle (1999).
Peterson v. Fluegel (Minnesota, Dakota County): Plaintiffs’ trial counsel in professional negligence action (January, 1999).
Metropolitan Life Ins. Co. v. Golden Triangle (Minnesota, Federal Court) (121 F.3d 351 (8th Cir. 1997)): Trial counsel in defense of claims for fraud and breach-of-contract relating to commercial property sales to a real estate investment trust.
KPMG-Piper Fund Litigation (Minnesota, Federal Court): Defense counsel in securities and accounting fraud class action (1995).