We represented Cerberus Capital Management, a leading private equity firm, in a breach of contract action against the Canadian Imperial Bank of Commerce (CIBC), one of Canada’s largest banks. The dispute centered on two complex structured finance transactions. We argued a successful appeal in which the First Department agreed with Cerberus’s interpretation of the agreements and held that CIBC’s contrary interpretation was “unmoored” from the contracts. Following a two-week bench trial against CIBC, Justice Cohen resolved all liability issues in Cerberus’s favor. After a subsequent damages hearing and a related decision that rejected nearly all of CIBC’s damages arguments, the New York Supreme Court entered judgment for Cerberus for $855 million.

We represented the former shareholders of Auris Health (represented by Fortis Advisors), in an earnout dispute with its acquiror, Johnson & Johnson. The former shareholders alleged that Johnson & Johnson breached the merger agreement and defrauded the shareholders, resulting in its failure to achieve certain earnout milestones. After four years of litigation—including approximately 70 depositions, nine experts, and a 10-day trial in the Delaware Court of Chancery—Selendy Gay obtained the largest earnout-related damages award in the history of Delaware. The team successfully defended the victory on appeal in the Delaware Supreme Court, securing approximately $811 million in damages for the shareholders. 

We represented an ad hoc group of term lenders, in New York Supreme Court, alleging defendants TriMark, its equity sponsors, and several of its other lenders violated the governing credit agreement by issuing new senior debt that effectively turned plaintiffs’ first-lien debt into third-lien debt and by issuing new “super senior” debt without inviting plaintiffs to participate. Plaintiffs alleged that the credit agreement did not allow defendants to amend it without their consent or to strip them of their pro rata and priority payment rights. The parties settled the case, with TriMark allowing the former first-lien lenders to exchange their debt for new “super senior” debt and to pay all lenders’ attorneys’ fees.

We defended a technology-focused venture capital firm and its founders in a long-running arbitration against a group of former passive investors challenging a management-buyout transaction. The investors asserted claims for breach of contract, breach of fiduciary duty, and unjust enrichment. After a week-long hearing, in which we demonstrated the fundamental unfairness of the claimants’ demands and significant flaws in their arguments, the panel ruled in our clients’ favor, concluding they did not breach any contract and acted with subjective good faith, consistent with their fiduciary duties. 

We represent Charles Schwab, in a dispute brought by Merrill Lynch, defending against claims of corporate raiding and trade secret violations. In the Northern District of Georgia, we defeated Merrill’s motion for a temporary restraining order, which sought to interfere with Schwab’s custodial relationship with OpenArc, a Registered Investment Advisory (RIA) formed by individuals who departed Merrill. The judge ruled from the bench, denying both Merrill’s motion for injunctive relief and its motion for expedited discovery.

We represented Chilean businessman Álvaro Saieh Bendeck, Chairman of Corp Group, and several of his family members and business associates in a cross-border dispute. The matter concerned claims brought in a Chilean court by creditors of a subsidiary that violated a permanent injunction ordered by a Delaware bankruptcy court. The Delaware court granted our motion for injunctive relief and ordered the recovery of 100% of the attorneys' fees associated with bringing the action.

We represented the Florida teachers’ unions and a university professor, who are all members of the American Federation of Teachers (AFT), in a challenge to Florida’s recent anti-union legislation limiting university professors’ ability to arbitrate the denial of tenure and other negative employment decisions. In March 2026, the U.S. District Court for the Northern District of Florida granted summary judgment, holding that the statute’s arbitration ban conflicts with and is preempted by the Federal Arbitration Act. The decision preserves faculty members’ right to bargain for binding, neutral, third-party dispute resolution in employment disputes.

We represented public service workers, members of the American Federation of Teachers union, in a settlement of a nationwide class action lawsuit with Navient, one of the nation’s largest student loan servicers, challenging Navient’s practices with respect to advising federal student loan borrowers on Public Service Loan Forgiveness. We secured approval of a novel class settlement under which Navient agreed, among other things, to enhance its practices for public service workers and, in addition, to contribute millions to a nonprofit organization that provides education and student loan counseling. 

We secured a $145 million settlement for mutual fund shareholders who purchased, sold, or liquidated mutual fund shares managed by Allianz Global Investors U.S. LLC's Structured Property Groups from January 1, 2015 to December 31, 2020. The complaint alleged that AllianzGI committed securities fraud from 2015-2020 through a scheme to defraud mutual fund investors by making false and misleading statements that substantially understated the risks.

For more than seven years, we represented the Federal Housing Finance Agency as lead counsel across FHFA’s entire platform of RMBS litigation, obtaining $25 billion in recoveries for U.S. taxpayers in residential mortgage-backed securities suits against Bank of America, Barclays, Citigroup, Credit Suisse, Countrywide, Deutsche Bank, First Horizon, Goldman Sachs, HSBC, JPMorgan, Merrill Lynch, RBS, and UBS.

The American Association of University Professors (AAUP), in a high-profile case challenging the Trump administration’s termination of more than $2 billion in federal research funding to Harvard University. On September 4, 2025, U.S. District Judge Allison D. Burroughs ruled that the administration acted unlawfully and in violation of Harvard’s constitutional rights.

We represented SJP Properties, a New York-based real estate developer, in obtaining a unanimous reversal from the Appellate Division, First Department of a trial court decision ordering SJP to tear down numerous floors of its residential building at 200 Amsterdam Avenue on Manhattan’s Upper West Side. The New York Court of Appeals subsequently denied the challengers’ motion for leave to appeal, bringing the lengthy battle to a close.