United States: 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."

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions