Litigation Roundup: Fourth Quarter 2016


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January 18, 2017 – Please click to download the PDF version of the Litigation Wrap: Fourth Quarter 2016.

High Court to Hear Patent Case

On Dec. 14 the U.S. Supreme Court granted a writ of certiorari in TC Heartland LLC v. Kraft Foods Group Brands -- a case that asks the Court to review whether the special patent venue statute exclusively controls where patent infringement suits are filed. Jim Dabney and John Duffy led Hughes Hubbard's efforts on behalf of our client TC Heartland.

Historic Win in NY's Highest Court

We scored another historic victory for Portigon AG on Oct. 27 when New York's highest court affirmed dismissal of a fraud and mismanagement suit against our client on champerty grounds. It was the first time in more than 100 years that the Court of Appeals had found a transaction violated New York's champerty statute. Justinian Capital, an offshore litigation funder, brought the case as proxy for a German bank, claiming losses in connection with two special purpose vehicles. Chris Paparella argued the appeal and led the Hughes Hubbard team which included Marc Weinstein and Andrea Engels.

Nortel Resolves $7.3 Billon Dispute

Hughes Hubbard helped the European affiliates of Nortel Networks Corp. reach an agreement on Oct. 12 with Nortel's former Canadian and U.S. subsidiaries on how to divide the $7.3 billion raised in the bankruptcy liquidation. If courts in the U.S., Canada and Europe approve the deal in January 2017, it will close the door on any future litigation over Nortel's remaining assets. Derek Adler, Bill Maguire and Neil Oxford led the team.

Settled Claims in Doral Bankruptcy

We represented the FDIC in the closure of Puerto Rico's Doral Bank and the negotiation of a comprehensive settlement with the bank's former parent company, Doral Financial Corp. That settlement resolved all claims among the entities and secured the dismissal of two federal litigations relating to those claims. Gabrielle Glemann led the bankruptcy litigation team with support from Chris Kiplok and Scott Christensen.

Victory for BNP Paribas

Marc Henry won a victory for BNP Paribas when the Paris Court of Appeals dismissed a claim brought by French consumer group UFC that an earlier appeal filed by BNP Paribas over clauses contained in 4Q2016 Developments its service agreements for new personal accounts was inadmissible. The Court dismissed UFC's claim and held that the bank's appeal was perfectly admissible on Oct. 3.

Lehman Team Wins Appeal

In a win for Hughes Hubbard's Lehman team, the U.S. Court of Appeals for the Second Circuit affirmed two lower court decisions on Oct. 6, holding that a Financial Industry Regulatory Authority (FINRA) arbitration was inappropriate in a core bankruptcy proceeding that would affect the rights of tens of thousands of estate creditors. Jim Fitzpatrick argued the appeal.

Firm Wins Eviction Case

On Nov. 1, we secured a critical victory for a pro bono client when the Court adopted the magistrate judge's report and recommendation granting summary judgment and finding that our client had the right to succeed the tenancy of his late wife, even though she had never added him to the lease as a public housing tenant. The case is the first in Florida to adopt and apply New York's line of cases on succession in the context of federally subsidized projectbased housing. Aviva Wernick led the Hughes Hubbard team and was nominated for the Florida Bar President's Pro Bono Service Award for her work on this matter.

Nine Litigators Recognized

Nine Hughes Hubbard litigators were recognized by Benchmark Litigation 2017 as "stars" in their respective areas. They are Robert Bell, Jim Dabney, John Fellas, Steve Hammond, Bill Kolasky, Ted Mayer, Robb Patryk, Stephen Rabinowitz and John Townsend.

Firm Receives Legal Aid Awards

Hughes Hubbard and its lawyers received the 2016 Pro Bono Publico Award for providing exceptional legal services to the Legal Aid Society and its clients. On Oct. 26, the firm and eight of its attorneys were honored at the Legal Aid Society's annual awards ceremony, which recognized their efforts in preserving affordable housing and the right to shelter, in securing exoneration of a wrongful conviction and obtaining tax relief.