January 18, 2018 - Please click to download the PDF version of the Litigation Wrap: Fourth Quarter 2017

HHR Leads Vyera to Victory
On Sept. 29, Hughes Hubbard led Vyera Pharmaceuticals to a big win when a Manhattan federal judge ruled that Impax Laboratories Inc. could not collect $43 million from Vyera, formerly known as Turing Pharmaceuticals, in its breach of contract case over Medicaid rebates assessed on the AIDS drug Daraprim. Dan Weiner, Hagit Elul, Ken Katz and Fara Tabatabai represented Vyera.

Lender Liability Action Won
Hughes Hubbard helped CST Industries bring significant value to its creditors when a Delaware bankruptcy court judge approved settlement on Oct. 18 of an equitable subordination and lender liability action that CST brought against its unsecured creditor Oaktree Capital Management LP. Katie Coleman led the HHR team, which included Chris Paparella, Meaghan Gragg and Chris Gartman.

Dismissal of EEOC Charge
Ned Bassen and Jordan Pace secured dismissal of a disability discrimination charge filed with the U.S. Equal Employment Opportunity Commission on Sept. 22, against Girls Educational & Mentoring Services, persuading the EEOC that there was no violation of the Americans with Disabilities Act.

Win for Med. Device Maker L&R
On Sept. 22, Jim Dabney, Stephen Rabinowitz and Jim Klaiber scored a decisive victory for medical device maker Lohmann & Rauscher GmbH & Co. KG (L&R) when a Delaware district court issued a permanent injunction restraining Crawford Healthcare Inc. from importing, selling or using any wound-cleaning products that embody the inventions found in Debrisoft.

Dispute with Del Monte Resolved
Ruben Diaz, Nick Swerdloff and Aviva Wernick led TicoFrut S.A. to a successful resolution of its dispute with Fresh Del Monte Produce Inc. over allegations that the Costa Rican juice company interfered with a contract between the fruit giant and one of its pineapple suppliers. On Oct. 27, Del Monte agreed to drop its suit, after U.S. District Judge Jose E. Martinez created new law by upholding HHR’s expansive federal court removal theory for TicoFrut.

Win for SNF Holding Co.
On Dec. 19, Jim Dabney led SNF Holding Co. and related companies to victory, when a federal district court in Texas, on remand from the Federal
Circuit, granted the specialty chemical company’s request to transfer venue of a patent case to the Southern District of Georgia. The Texas court cited the U.S. Supreme Court’s TC Heartland decision, which HHR won in May. BASF Corp. originally filed the suit alleging infringement of its process to prepare high molecular weight polymers. The case team includes Stephen Rabinowitz, Patrice Jean, Khue Hoang, Richard Koehl and Jim Klaiber.

Securities Fraud Suit Dismissed
Kevin Abikoff and Benjamin Britz convinced the Delaware Superior Court to dismiss a securities fraud suit brought by an investor against Pioneer Natural Resources. On Oct. 24, the Court found that investor Matthew Mooney’s complaint was insufficient because it did not adequately allege that Pioneer made or intended to make false statements or had knowledge of any false statements.

Contractor Fraud Probe Resolved
On June 15, Michael Silverman and Michael DeBernardis helped a state-owned Chinese contractor negotiate a settlement with the African Development Bank that resolved fraud allegations on two AFDB-financed projects. The company faced a significant period of debarment if the allegations were substantiated. Under the settlement, it is subject to a three year conditional non-debarment that will allow it to continue to bid on Multilateral Development Bank financed projects.

Trade Secret Suit Dismissed
On Oct. 12, Hughes Hubbard secured dismissal of an intellectual property misappropriation suit brought by Medytox, South Korea’s largest maker
of anti-wrinkle botulinum toxin drugs, against a former employee. The suit also named Medytox’s domestic rival, Daewoong Pharmaceuticals. David Stern, Marc Weinstein, Carolin Sahimi and Jennifer Suh worked on the matter.

HHR Named to Appellate Hot List
Hughes Hubbard has been named to the National Law Journal’s 2017 Appellate Hot List, which recognizes an elite group of lawyers and law firms that “posted hard-fought wins” at the U.S. Supreme Court or in federal circuit courts.

Dabney Among Law 360’s MVPs
Jim Dabney is among Law360’s 2017 Intellectual Property MVPs. According to the publication, Dabney “persuaded the U.S. Supreme Court to put limits on where patent lawsuits can be filed ... and has changed the patent litigation map.”