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Weil, Gotshal & Manges LLP
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Key Representations
- McReynolds v. Merrill Lynch & Co. (N.D. Ill.)
Defeated a motion for certification of a nationwide class in a high-profile case by sixteen financial advisors alleging race discrimination in hiring, promotion, compensation, and maintaining an allegedly hostile work environment. 2010 WL 3184179 (N.D. Ill. Aug. 9, 2010).
- MasterCard v. Kelly (S.D.N.Y.)
Obtained court-ordered injunction to preclude a senior executive from immediately commencing employment at American Express.
- Goodman v. Merrill Lynch (S.D.N.Y.)
Obtained seminal ruling under Section 703 (h) of Title VII in gender discrimination case, dismissing action on the basis that a pay system that compensates people on the basis of actual production is protected from disparate impact claims under Title VII, irrespective of whether the pay system has a disparate impact on minorities or women and irrespective of whether the employer knows that it will have a disparate impact.
- Franco, et al. v. CIGNA, et al. (D.N.J.)
Counsel for UnitedHealth Group and Ingenix against RICO and antitrust claims by a putative class of members in health benefit plans insured or administered by CIGNA. Plaintiffs claim that UnitedHealth Group and Ingenix conspired with CIGNA to under-reimburse benefit plan participants by using the PHCS database which Ingenix licensed to CIGNA.
- In re Aetna (MDL 2020) (D.N.J.)
Counsel for UnitedHealth Group and Ingenix against RICO and antitrust claims by a putative class of members in health benefit plans insured or administrated by Aetna. Plaintiffs claim that UnitedHealth Group and Ingenix conspired with Aetna to under-reimburse benefit plan participants by using the PHCS database licensed by Ingenix to Aetna.
- IBM v. Papermaster (S.D.N.Y.)
Representation of Apple, Inc. and Mark Papermaster in successful resolution of trade secrets litigation regarding non-competition agreement.
- Berenshteyn v. Lehman Brothers Holdings Inc. (S.D.N.Y)
Representation of Lehman Brothers in putative class action alleging violation of WARN and state labor laws.
- Exante Bank v. Mason (Utah)
Lead counsel in successful enforcement of a two-year non-competition agreement following a four-day preliminary injunction trial to prevent the former president of an industrial bank from commencing employment with the bank's principal competitor.
- In re Managed Care (MDL 1334)
Counsel for UnitedHealth Group in six-year multidistrict litigation encompassing more than one dozen putative class action lawsuits against ten managed care companies alleging claims under RICO, ERISA, and state laws. Successfully obtained summary judgment dismissing industry-wide fraud and conspiracy claims after other defendants had paid hundreds of millions of dollars to settle these claims. In re Managed Care, 430 F. Supp. 2d 1336 (S.D. Fla. 2006), aff’d, 2007 WL 1695735 (11th Cir. June 13, 2007). Successful petition to U.S. Supreme Court to compel arbitration of physician RICO claims under their contracts. 538 U.S. 401 (2003).
- Creative Artists Agency
Representation of Creative Artists Agency in multi-party suit alleging race discrimination and antitrust violations in the concert promotion business. Obtained summary judgment dismissing all claims, following large multi-million dollar settlements by more than 15 promoter and talent agency co-defendants. Rowe v. William Morris, et al., 2005 WL 22833 (S.D.N.Y. 2005), aff’d, 167 Fed. Appx. 227 (2d Cir. 2005). Also obtained landmark ruling (Pre-Zublake) directing cost-shifting to plaintiffs of e-discovery expenses. 51 Fed.R.Serv.3d (West) 1106, aff’d, 53 Fed.R.Serv.3d (West) 296 (S.D.N.Y. 2002).
- American Medical Association v. United HealthCare, Inc. (S.D.N.Y.)
Counsel for UnitedHealth Group and American Airlines in putative class action alleging claims by medical associations, physicians, plan participants and labor unions under ERISA, RICO, antitrust and various state laws. After more than a decade of litigation and objections from the co-lead plaintiffs’ lawyers, the Court approved a class action settlement following a full evidentiary hearing, including the creation of a $350 million cash settlement fund and other injunctive relief. The Court and plaintiffs’ counsel acknowledged that the settlement was based, in part, upon the assessment of plaintiffs’ lead settlement counsel of defendants’ successful motions to dismiss and for summary judgment on multiple claims asserted under ERISA, RICO and/or state law. 2009 WL 4403185 (S.D.N.Y. Dec. 1, 2009). Obtained dismissal of multiple ERISA and state law claims, including on grounds of associational standing, failure to exhaust administrative remedies and preemption. See, e.g., AMA v. United HealthCare Corp., 2001 WL 863561 (S.D.N.Y. July 31, 2001); 2002 WL 31413668 (S.D.N.Y. Oct. 23, 2002); 2007 WL 1771498 (S.D.N.Y. June 18, 2007).
- Avon Products
Representation of Avon Products over many years throughout the United States in defending suits by various employees alleging claims for discrimination on the basis of age, race, sex, sexual orientation, disability and political activities, all of which were settled favorably to Avon following pre-trial motions.
- MasterCard International
Principal outside employment counsel for more than 15 years on range of complex and sensitive employment litigation and counseling matters. Highlights include: Tarmy v. MasterCard (S.D.N.Y.): Lead counsel defending against discrimination and retaliation claims by a former executive under the ADA, FMLA and N.Y. Human Rights Law. Obtained a complete defense jury verdict on all claims and an award of damages to MasterCard on counterclaims for breach of fiduciary duties.
- Kendall v. Employees’ Retirement Plan of Avon Products (2d Cir.)
Representation of Avon’s Employee Retirement Plan in a putative class action lawsuit on behalf of retirees who alleged that benefits were improperly reduced in violation of ERISA as a result of numerous breaches of fiduciary duty. Obtained dismissal of all claims, 2007 WL 2728430 (S.D.N.Y. Sept 14, 2007), aff'd, 561 F.3d 112 (2d Cir. 2009).
- Definity Health Corporation (MN and TX)
Representation of a business segment of UnitedHealth Group in three coordinated lawsuits in Minnesota and Texas against former employees hired by competition CIGNA. Obtained a temporary restraining order and highly favorable settlement within 30 days of commencement of litigation.
- Flynn v. Canadian Imperial Bank of Commerce (NY Supreme Ct.)
Counsel for CIBC in defense of numerous employment claims by a former broker seeking more than $68 million based on allegations that he was wrongfully terminated and alleging malicious prosecution claims after indictment by the New York Attorney General and charges by the Securities and Exchange Commission arising out of mutual fund market timing activities, which charges were later dropped.
- Mid Atlantic Medical Services (U.S. Supreme Ct.)
Obtained unanimous decision in favor of Mid Atlantic in U.S. Supreme Court involving the enforceability under ERISA Section 502(a)(3) of provisions in health care benefit plans requiring participants to reimburse the plan if they recover their medical expenses from a third party. The Court’s opinion secured reimbursement rights for these health plans. Sereboff v. Mid Atlantic Medical Services Inc., 126 S. Ct. 1869 (2006).
- Scala v. Reuters (2d Cir.)
Obtained summary judgment for Reuters dismissing breach of employment contract claim by senior executive arising out of the acquisition of his former business, based on the parties’ alleged failure to agree on performance targets. Scala v. Sequor Group, et al., 1995 WL 225625 (S.D.N.Y. April 14, 1995), aff’d, No. 96-9501 (2d Cir. 1996).
- McRaney v. United HealthCare (S.D. Fla.)
Counsel for UnitedHealth Group in defeating class certification motion on behalf of nationwide class of millions of United’s plan members alleging billions of dollars in damages due to alleged misrepresentations regarding the quality of care under ERISA and RICO. See In re Managed Care Litigation, 209 F.R.D. 678 (S.D. Fla. 2002).
- The Readers Digest Association (multiple jurisdictions)
Acted as national coordinating counsel in enforcement of numerous non-compete agreements with sales force leading to preliminary and permanent injunction and favorable settlements in cases in Virginia and North Carolina.
- Delmont v. DataFlex Corporation (D.N.J.)
Obtained summary judgment dismissing sex discrimination claim under Title VII by only female computer service technician.
- Gorence v. Eagle Food Centers (D. Ill.)
Counsel for Odyssey Partners. Obtained summary judgment dismissing class action lawsuit against investment company alleging Equal Pay Act, ERISA violations, and sex and age discrimination. See 1994 WL 445149 (N.D. Ill 1994).
- Strategic Merchandising Associates v. New York Yankees (NY Supreme Ct.)
Represented the marketing company that procured the landmark long-term licensing arrangement between Adidas and the Yankees in litigation over fees owed to Strategic Merchandising. Highly favorable settlement shortly after filing of the suit.
- David M. Winfield Foundation v. Steinbrenner (S.D.N.Y.)
Successfully represented charitable foundation in litigations in 1983 and 1989 to collect monies owed under charitable pledge agreement.
- Joe Torre
Representation in negotiation of 2008 employment agreement as manager of the Los Angeles Dodgers and 2005 employment agreement with the New York Yankees.
- Chuck Greenberg
Representation of Texas Rangers’ CEO and Managing Partner in dispute with the Texas Rangers.
- Leon Wood v. NBA (2d Cir.)
Represented National Basketball Players Association in obtaining dismissal of litigation challenging certain provisions of a collective bargaining agreement between the NBA and the Players Association relating to the NBA salary cap. See 809 F.2d 954 (2d Cir. 1987).
- Ernie Grunfeld
Representation in negotiation of employment agreements as General Manager of the Washington Wizards and New York Knickerbockers.
- Glaxo SmithKline
Represented the company and numerous brands in the negotiation of celebrity endorsement and television commercial agreements with numerous celebrities including Ricky Williams, Della Reese, Terry Bradshaw, Jane Seymour, Jenny Garth, and Phylicia Rashad.
- Chromalloy Gas Turbine Engine Corporation v. United Technologies (Bexar Co., Tex)
Successfully represented Chromalloy in four-month jury trial obtaining a verdict of attempted monopolization.
- Nevada Power Company v. Westinghouse Electric Corp. (D. Nev.)
Represented Westinghouse in suit seeking damages allegedly caused by the utility’s purchase and use of electrical equipment containing PCBs. Obtained summary judgment dismissing claims. See 891 F. Supp. 1406 (D. Nev. 1995).
- LILCO v. General Electric Co.
Represented GE in suit claiming $400 million in damages for alleged defects in the construction of the Shoreham nuclear power station. Led defense team attack on plaintiffs' damages experts resulting in plaintiffs dropping their multi-million delay damages claim before trial and a settlement on terms very favorable to GE after jury selection.
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