Levine Lee News
April 17, 2017: Levine Lee Adds Senior Federal Prosecutor Tracy Lee Dayton as Partner.
Levine Lee LLP announced today that Tracy Lee Dayton has joined the firm as a Partner. Until last week, Ms. Dayton was the Executive Assistant United States Attorney for the U.S. Attorney’s Office for the District of Connecticut, where she has held a variety of senior positions. Earlier in her career, Ms. Dayton served in the U.S. Attorney’s Office for the Eastern District of New York, where she was the Deputy Chief of Violent Crimes and Terrorism.
Levine Lee now counts among its ranks four former federal prosecutors, including partners Seth L. Levine, Scott B. Klugman and Jillian B. Berman. Ms. Dayton joins the firm just a month after the addition of partner Teena-Ann V. Sankoorikal, who was previously a partner at Cravath, Swaine & Moore LLP.
“Tracy’s years of experience as a federal prosecutor will be invaluable as she helps our clients navigate sensitive government and internal investigations, and her skills litigating complex disputes are second to none,” says Seth L. Levine, who worked with Ms. Dayton at the U.S. Attorney’s Office for the Eastern District of New York.
“We couldn’t be happier to welcome Tracy to Levine Lee, and are confident she will be a valuable addition to our team of trial lawyers,” adds partner Kenneth E. Lee.
“I am excited to join such a dynamic and growing firm with a camaraderie that is similar to what I experienced as a prosecutor,” says Ms. Dayton.
Prior to joining the U.S. Attorney’s Office for the District of Connecticut, Ms. Dayton served as a business leader in Forensic Audit for MasterCard International, where she was responsible for internal investigations worldwide, and oversaw investigations involving corporate governance issues, the Foreign Corrupt Practices Act (FCPA), securities violations, compliance and employment matters. At the U.S. Attorney’s Office for the District of Connecticut, she has also served as Chief of Violent Crimes and Narcotics, and as a member of the Anti-Terrorism Advisory Council. Ms. Dayton will practice in the areas of white collar and securities enforcement defense, investigations and complex litigation.
April 5, 2017: Levine Lee LLP Secures Appellate Division Win for Alpha Dominche, Ltd.
The First Department unanimously affirmed the New York Supreme Court’s decision to dismiss a complaint filed by Bodum USA, Inc., against Alpha Dominche, Ltd., in its entirety, on March 30, 2017. Alpha was represented by Levine Lee LLP. The complaint alleged breach of contract, misappropriation of trade secrets, tortious interference with contract and unfair competition arising from Alpha’s hiring of its CEO Thomas Perez from Bodum. The First Department adopted Alpha’s argument that Bodum failed to adequately allege that it competes with Alpha because it did not plead the relevant market with reference to the rule of reasonable interchangeability. Additionally, the First Department held that Bodum’s complaint failed to state a claim because it was comprised of solely conclusory allegations. The First Department also denied Bodum leave to amend its complaint.
Seth L. Levine, Scott B. Klugman and David J. Lizmi worked on the matter, and Mr. Levine argued the appeal. The case is Bodum USA, Inc. v. Thomas Perez, et al., 151790/15 (First Dep’t).
April 3, 2017: Chad P. Albert joins the firm.
Chad Albert has joined the firm as an Associate. Previously, Mr. Albert was an associate in the Washington, D.C. office of Covington & Burling LLP, where he represented clients in intellectual property litigation in U.S. District Courts and the International Trade Commission, and in appeals in the Federal Circuit, D.C. Circuit, and U.S. Supreme Court. He is a graduate of the University of Pennsylvania Law School, where he was an editor of the Law Review and a Margaret B. and William H. Hingher Scholar, and Tufts University.
February 21, 2017: Levine Lee Adds Renowned Litigator Teena Sankoorikal as Partner.
Levine Lee LLP announces today that Teena‑Ann V. Sankoorikal has joined the firm as a partner. She previously was a partner at Cravath, Swaine & Moore LLP in its litigation department.
Ms. Sankoorikal has represented industry-leading technology and media companies, including IBM, Warner Brothers Records, Qualcomm and Alarm.com, in a wide range of intellectual property, antitrust and other complex litigation matters. She also represented Frank Reginald Brown in a closely followed dispute relating to his ownership interest in Snapchat.
“I’ve known Teena for more than 15 years. She is an extraordinarily talented litigator, and we are thrilled to have her join our team,” says partner Kenneth E. Lee. “Her skill in complex litigation and widely-recognized leadership ability will be tremendous assets to our clients.”
“Levine Lee has developed a reputation for excellence in the profession, and I am excited to join this dynamic and growing firm,” says Ms. Sankoorikal. “I would not have made a move to any firm other than Levine Lee. This is about the chance to help continue to build this already outstanding firm and augment its intellectual property litigation practice.”
Partner Seth L. Levine adds, “Teena’s breadth of experience and remarkable skills will complement the firm’s complex litigation practice and expand our capacity in high-stakes intellectual property litigation, including patent and trademark disputes.”
Ms. Sankoorikal received the 2016 National Diversity Council’s Multicultural Leadership Award for the Tri‑State Area. In 2015, The Legal 500 United States recommended her for patent litigation work, and she was named among the “Outstanding 50 Asian Americans in Business” by the Asian American Business Development Center.
Ms. Sankoorikal has also been recognized by the Leaders League Innovation Technology & Intellectual Property Report (2014 & 2015), selected as a "Rising Star" by both the New York Law Journal and the Minority Corporate Counsel Association (2013), and named one of the "Best Lawyers Under 40" by the National Asian Pacific American Bar Association (2012). She also serves in a variety of leadership capacities for several educational and legal organizations.
Ms. Sankoorikal joined Cravath in 1999 and became a partner in 2007. She earned a J.D. from the University of Pennsylvania in 1999 and a B.S. cum laude from Yale University in Chemistry and Sociology in 1996.
December 5, 2016: Levine Lee moves to 650 Fifth Avenue.
Effective today, we now occupy the entire 13th floor at 650 Fifth Avenue, New York, NY 10019. The entrance to the building is on West 52nd Street, near the corner of Fifth Avenue. All of the firm’s phone numbers and e-mails will remain unchanged.
October 27, 2016: Scott Klugman Chairs Weinfeld Luncheon.
Scott Klugman served as chair of the Weinfeld Award Luncheon, held at the Museum of Jewish Heritage. The honoree was Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit. The award, given every year by the New York County Lawyers Association to an outstanding jurist, is named for U.S. District Judge Edward Weinfeld, who served on the U.S. District Court for the Southern District of New York.
September 23, 2016: Levine Lee LLP Achieves Second Circuit Victory for Chicago Stock Exchange.
The Second Circuit affirmed the U.S. District Court for the Southern District of New York’s dismissal with prejudice of a series of putative class action complaints brought against a group of national stock exchanges, including the Chicago Stock Exchange, represented by Levine Lee LLP. Plaintiff, who subscribed to consolidated market data, alleged that the national stock exchanges’ dissemination of both consolidated and unconsolidated market data constituted a breach of contract under state law. The District Court dismissed the claims in their entirety. On appeal, the Second Circuit affirmed the District Court’s dismissal because Plaintiff had failed to state a claim. The Second Circuit further held that Plaintiff’s claims were preempted to the extent the allegations conflicted with the SEC’s regulations or interpretation of those regulations.
Seth L. Levine and Christos G. Papapetrou worked on the matter. The appeals are Lanier v. Bats Exchange Inc. et al., docket numbers 15-1683, 15-1693. 15-1700 in the U.S. Court of Appeals for the Second Circuit.
May 25, 2016: New Jersey Superior Court Grants Firm’s Motion to Dismiss $26M Repayment Suit Against Healthfirst.
As reported in Law360, the Superior Court of New Jersey for Bergen County granted the Firm’s motion to dismiss a complaint filed by MHA, LLC, the owner of Meadowlands Hospital Medical Center, seeking more than $26 million in damages from Healthfirst. MHA brought various New Jersey statutory and common law claims based on its allegation that Healthfirst failed to pay or underpaid it for services alleged provided to Healthfirst’s Medicare and Medicaid enrollees. The Court dismissed all of MHA’s claims against Healthfirst, holding that MHA failed to exhaust administrative remedies and brought claims that are preempted by the Medicare Act.
Scott B. Klugman, Seth L. Levine, Aaron I. Karp, Christos G. Papapetrou and Lara J. Fogel worked on the matter, and Mr. Klugman argued the motion. The case is MHA, LLC d/b/a Meadowlands Hospital Medical Center v. Healthfirst, Inc. et al., BER-L-6822-13, (N.J. Supr. Ct., Bergen Cnty.)
February 8, 2016: Levine Lee again named to the National Law Journal Litigation Boutique Hot List.
The National Law Journal again profiles Levine Lee as one of 10 firms in the country on its Litigation Boutique Hot List, which it had previously done in 2014. “Levine Lee, founded in 2011, goes toe-to-toe with some of the largest firms in handling securities litigation, white-collar criminal matters and governmental investigations,” writes the NLJ. Read the National Law Journal article.
November 24, 2015: Seth Levine named a Director of the Federal Bar Foundation.
Seth L. Levine has been named a Director of the Federal Bar Foundation, which provides funding and support for the Federal Bar Council’s activities and programs.
October 22, 2015: Levine Lee LLP on list of 50 Law Firms Professionals Should Know About
SuperLawyers® has chosen Levine Lee LLP for its list of “50 Law Firms Professionals Should Know About,” published in the New Yorker this month. The firm was selected by SuperLawyers for its excellence in business litigation and white collar criminal defense, and in recognition of the fact that its lawyers are highly ranked on the 2015 Metro New York SuperLawyers list.
October 8, 2015: Firm wins dismissal of case filed against Alpha Dominche Ltd.
The New York Supreme Court dismissed a complaint filed by Bodum USA, Inc. against Alpha Dominche, Ltd., a U.S. company that designs and builds advanced coffee and tea brewing machines, which was represented by Levine Lee LLP. The action, which alleged breach of contract, misappropriation of trade secrets, tortious interference with contract and unfair competition, arose out of Alpha’s hiring of CEO Thomas Perez from Bodum. The Court ruled that Bodum had failed to state a single claim against Alpha or Mr. Perez.
Seth L. Levine, Kenneth E. Lee, Christos G. Papapetrou and David J. Lizmi worked on the matter, and Mr. Levine argued the motion. The case is Bodum USA, Inc., v. Thomas Perez, et al., 151790/2015 (N.Y. Sup. Ct., N.Y. Cnty).
October 5, 2015: SuperLawyers® recognizes Levine Lee LLP lawyers.
All of Levine Lee LLP’s partners and one of its associates were recognized in SuperLawyers as among the top lawyers in New York. Seth L. Levine was again recognized as one of the top 100 lawyers in New York, appearing on the SuperLawyers® 100 List. Kenneth E. Lee was named again to the Business Litigation list, and Scott B. Klugman and Jillian B. Berman were named again to the White Collar Criminal Defense list. In addition, Christos G. Papapetrou was named a Rising Star in White Collar Criminal Defense.
August 26, 2015: Levine Lee LLP Achieves Victory for Chicago Stock Exchange in Second Set of SDNY High-Frequency Trading Cases.
The U.S. District Court for the Southern District of New York dismissed, in its entirety and without leave to amend, a second set of High-Frequency Trading cases, this one a series of putative securities class action complaints brought against several national stock exchanges, including the Chicago Stock Exchange, represented by Levine Lee LLP. In the four consolidated cases against the stock exchanges, the plaintiffs brought claims under the Securities Exchange Act of 1934; these cases were made part of a multidistrict litigation action that involved additional claims and actions against Barclays. Plaintiffs’ lawsuits were filed shortly after the publishing of Michael Lewis’ book Flash Boys: A Wall Street Revolt, in which Mr. Lewis argued that high-frequency traders gain an unfair advantage in the stock markets. Today, the Court granted the Exchanges’ motion to dismiss, concluding that, among other things, Plaintiffs’ claims failed to state a violation under the securities laws.
Seth L. Levine and Christos G. Papapetrou worked on the matter. The consolidated case is In re: Barclays Liquidity Cross and High Frequency Trading Litigation, 14-MD-2589 (JMF) in the U.S. District Court for the Southern District of New York.
July 27, 2015: Second Circuit Victory for the Public Utilities Board of Manitoba, Canada.
The firm successfully obtained a Second Circuit affirmance of the District Court’s dismissal with prejudice of a complaint filed in the United States District Court for the Southern District of New York against its client, The Public Utilities Board of Manitoba, Canada (the “PUB”) in The A Star Group, Inc. v. Manitoba Hydro, KPMG LLP (Canada), KPMG LLP (US), Manitoba Public Utilities Board before Circuit Judges Sack, Parker and Carney. In affirming the dismissal of claims brought against the PUB, the Second Circuit held that the District Court properly dismissed Appellant’s claims for lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act. Kenneth E. Lee, Lara J. Fogel and Miriam L. Alinikoff worked on the matter.
June 9, 2015: Seth Levine Recognized By Chambers USA.
Seth Levine is ranked among the top lawyers in New York in the area of White Collar Crime and Government Investigations by Chambers USA, which describes him as "a fierce advocate - tenacious, extremely bright and a really accomplished lawyer."
May 12, 2015: Scott B. Klugman serves as Editor-in-Chief of EDNY Retrospective and Delivers Remarks at Presentation to Chief Judge Amon.
Scott B. Klugman serves as the Editor-in-Chief and primary author of the New York County Lawyers Association’s Retrospective of the United States District Court for the Eastern District of New York, which presents the history of the District Court’s most significant matters from 1990-2014. At a reception at the Theodore Roosevelt Federal Courthouse in Brooklyn to present the Retrospective to Chief Judge Carol Bagley Amon, Mr. Klugman delivered remarks to an audience consisting of most of the active and senior District Court Judges, as well as many members of the Eastern District Bar and NYCLA. The Retrospective is the culmination of eighteen months of work, including interviews with most of the active and senior District Court Judges.
April 28, 2015: U.S. District Court Dismisses With Prejudice Consolidated Putative Class Actions Against National Stock Exchanges.
As reported in Law360 and other media outlets, the U.S. District Court for the Southern District of New York dismissed with prejudice a series of putative class action complaints brought against a group of national stock exchanges, including the Chicago Stock Exchange, represented by Levine Lee LLP. As the district court noted in its Opinion, Plaintiff’s complaints arose after the publishing of Michael Lewis’ book Flash Boys regarding high frequency traders in U.S. markets. Plaintiff, who subscribed to consolidated market data, alleged that the national stock exchanges’ dissemination of both consolidated and unconsolidated market data constituted a breach of contract under state law. The Court dismissed Plaintiff’s claims in their entirety with prejudice, concluding that Plaintiff’s claims are both preempted by a comprehensive federal regulatory scheme and are nevertheless insufficient to state a claim under Rule 12(b)(6).
Seth L. Levine and Christos G. Papapetrou worked on the matter. The cases are Lanier v. Bats Exchange Inc. et al., case numbers 1:14-cv-03745, 1:14-cv-03865 and 1:14-cv-03866, in the U.S. District Court for the Southern District of New York.
February 27, 2015: Complaint against Healthfirst dismissed with prejudice on doctrines of preemption and exhaustion.
As reported in Law360 and other media outlets, the U.S. District Court for the District of New Jersey granted the firm’s motion on behalf of defendant Healthfirst, Inc. to dismiss the complaint with prejudice. The action, brought by MHA, LLC, which encompasses the Meadowlands Hospital Center, alleged violations of New Jersey’s insurance statutes and regulations, fraudulent and negligent misrepresentation, unjust enrichment and quantum meruit, and sought $30 million in damages. The Court held that plaintiff had failed to exhaust its administrative remedies and that the Medicare Act expressly preempted MHA’s Medicare-based claims. In addition, the Court denied MHA’s motion for leave to file an amended complaint. Scott B. Klugman, Seth L. Levine and Lara J. Fogel worked on the matter, along with co-counsel Manatt Phelps & Phillips LLP.
December 19, 2014: Lehman Trustee Seeks To Recover $98M From Wells Fargo.
As reported in Law360: “Lehman Brothers Inc.’s liquidating trustee on Friday filed a $98 million adversary proceeding against Wells Fargo Bank NA in New York bankruptcy court seeking to recover collateral under a swap agreement the bank allegedly ended when Lehman went under. Attorneys for James Giddens — the trustee liquidating Lehman Brothers Holdings Inc.’s broker-dealer unit LBI — are requesting damages after Wells Fargo allegedly breached an October 2001 contract under which LBI and the bank entered into swap transactions involving agreements by the parties to exchange payment obligations. . . . Giddens is represented by Kenneth E. Lee and Lara J. Fogel of Levine Lee LLP. . . . The case is In re: Lehman Brothers Inc., case number 1:08-ap-01420, in the U.S. Bankruptcy Court for the Southern District of New York.”
October 12, 2014: Partners recognized in SuperLawyers®.
Four of the firm’s partners were recognized in the 2014 edition of SuperLawyers® as among the best in New York. Seth L. Levine was named to the SuperLawyers® 100 List (recognizing the top 100 lawyers in New York); Kenneth E. Lee was named one of the top lawyers in New York for Business Litigation; Scott B. Klugman was named one of the top lawyers in New York for White Collar Criminal Defense; and Jillian B. Berman was named a Rising Star in New York in White Collar Criminal Defense.
June 30, 2014: Victory for Public Utilities Board of Manitoba, Canada.
The firm successfully obtains dismissal with prejudice of a complaint filed in the United States District Court for the Southern District of New York against its client, The Public Utilities Board of Manitoba, Canada (the “PUB”), in The A Star Group, Inc. v. Manitoba Hydro, et al., 13 Civ. 4501 (S.D.N.Y.). The action, which alleged breach of contract, copyright infringement, misappropriation of trade secrets, tortious interference with contract, unfair competition and unjust enrichment, was brought by the A Star Group, Inc., a New York-based consulting firm, against the PUB, as well as Manitoba Hydro (“Hydro”), the Manitoban electric power and natural gas utility, and KPMG (Canada) and KPMG (US) as consultants to Hydro. The Court held that the claims against the PUB were barred by the Foreign Sovereign Immunities Act. Kenneth E. Lee, Seth L. Levine and Miriam L. Alinikoff worked on the matter.
April 17, 2014: Kenneth E. Lee is named to the Advisory Committee of the Asian American Bar Association of New York.
February 3, 2014: Levine Lee Named to NLJ Litigation Boutique Hot List.
The National Law Journal selects Levine Lee as one of only ten firms nationwide for its "Litigation Boutique Hot List," based on a review of results achieved in 2013 in matters pending in court and interviews with co-counsel and opposing counsel. The article, "Establishing A Sense of Credibility," highlights some of the firm's stellar results in 2013, the firm's growth since its founding fewer than three years ago, and its emphasis on credibility, thorough preparation and cohesiveness. Read the National Law Journal article.
January 14, 2014: U.S. Supreme Court denies cert., preserving Healthfirst win in 2nd Circuit.
The United States Supreme Court denies a petition for writ of certiorari to the U.S. Court of Appeals for the Second Circuit, leaving in place the firm’s victory on behalf of client HF Management Services, an affiliate of Healthfirst, the largest Medicare and Medicaid provider in New York. The case is Dejesus v. HF Management Services, LLC., 726 F.3d 85 (2d Cir. 2013). This case involved a suit by a former HF Management Services employee who brought claims for alleged unpaid overtime and other allegedly unpaid compensation under the Fair Labor Standards Act and New York law. In the U.S. District Court for the Eastern District of New York, Judge Edward R. Korman granted Levine Lee’s motion to dismiss the complaint. Although Judge Korman granted plaintiff leave to amend, plaintiff instead chose to render the decision final and appealed to the Second Circuit. On appeal, with Seth L. Levine arguing, the Second Circuit affirmed Judge Korman’s dismissal of all claims in the complaint. Plaintiff filed a petition for writ of certiorari, seeking U.S. Supreme Court review. The Second Circuit’s opinion is a precedential labor law decision concerning the pleading standards for overtime cases. This case marks a continuation of Levine Lee’s track record in successfully defending Healthfirst in Fair Labor Standards Act cases, having previously obtained a dismissal of a putative class/collective action prior to answer, the initiation of discovery and certification. Seth L. Levine, Scott B. Klugman and Miriam L. Alinikoff worked on the matter.
December 2013: Seth L. Levine is admitted to the New York Council of Defense Lawyers.
October 19, 2013: Seth L. Levine speaks at the New York County Lawyers' Association 2013 Criminal Practice Institute.
August 5, 2013: Firm obtains affirmance in Second Circuit in significant labor law decision.
Levine Lee prevails before the United States Court of Appeals for the Second Circuit in Dejesus v. HF Management Services, LLC, 726 F.3d 85 (2d Cir. 2013), a decision establishing the standard for pleading overtime claims under Federal and New York Labor Law. Affirming the dismissal of claims brought against our client HF Management Services, the Second Circuit held that plaintiffs no longer can adequately allege such claims in boilerplate, non-specific pleadings, which had become typical. Seth L. Levine, Scott B. Klugman and Miriam L. Alinikoff worked on the matter, and Mr. Levine argued the issue before the Second Circuit.
March 15, 2013: Firm secures important ruling in Countrywide litigation.
Adopting a novel argument not previously ruled on, the Honorable Mariana R. Pfaelzer of the U.S. District Court for the Central District of California dismisses with prejudice a claim filed under Section 11 of the Securities Act of 1933 against our client David A. Spector in securities litigation arising from Countrywide's sale of mortgage-backed securities to Fannie Mae and Freddie Mac. Levine Lee argued that under the securities laws and SEC regulations, Mr. Spector and other individuals who served as officers and directors of a Countrywide subsidiary could not be liable for allegedly false statements in prospectus supplements post-dating the effective date of the registration statements that the individuals signed. The Court agreed that the registration statements did not contain any allegedly false statements as of their effective date for which the signatories could be liable under Section 11 and dismissed this claim with prejudice. Seth L. Levine and Scott B. Klugman worked on the matter, and Mr. Klugman argued the issue on behalf of all the individual defendants.
February 26, 2013: Firm negotiates one of the largest bankruptcy settlements in history.
Levine Lee represents the Lehman Brothers Inc. ("LBI") Trustee, James W. Giddens, in one of the largest bankruptcy settlements in history. Motions filed in the United States Bankruptcy Court for the Southern District of New York seek approval of a settlement that would resolve a more than $40 billion dispute with Lehman Brothers Holdings Inc. ("LBHI"). The settlement, which is the result of years of arduous negotiations, resolves litigation over unprecedented legal issues stemming from complex intercompany relationships among Lehman's three principal worldwide businesses: LBI, LBHI and Lehman Brothers International Europe. Levine Lee, working in conjunction with Hughes Hubbard & Reed, led the engagement for the Trustee. Kenneth E. Lee and Miriam L. Alinikoff worked on the matter.
February 4, 2013: Settlement with Koch entities obtained for MF Global Trustee.
On behalf of the Trustee for MF Global Inc. (“MFGI”), Levine Lee reaches a favorable settlement of an adversary proceeding (Adv. Pro. No. 12-01754) commenced by Koch Supply & Trading, LP (“KS&T”), an affiliate of Koch Industries, Inc., pending in the U.S. District Court for the Southern District of New York. KS&T was seeking a declaratory judgment that, as a former customer of MFGI, it did not have liability under the Bankruptcy Code in connection with a $20 million letter of credit. The firm counterclaimed on behalf of the Trustee that, pursuant to Part 190 of the Commodity Futures Trading Commission’s (“CFTC”) regulations and the Bankruptcy Code, the proceeds of the $20 million letter of credit were property of the MFGI customer estate. The CFTC intervened in both the U.S. Bankruptcy Court and the U.S. District Court in support of our client’s interpretation of the Part 190 Regulation. Following multiple rounds of summary judgment briefing and oral argument, the settlement filed today has the parties jointly agreeing to the dismissal of all pending claims. Kenneth E. Lee, Scott B. Klugman and Miriam L. Alinikoff worked on the matter.
November 21, 2012: Firm reaches settlement with Deutsche Bank for $83 million.
Levine Lee obtains a settlement of $83.5 million from Deutsche Bank AG ("Deutsche Bank") on behalf of the Lehman Brothers Inc. ("LBI") Trustee, James W. Giddens. The settlement resolves the Trustee's pending motion before the United States Bankruptcy Court for the Southern District of New York seeking recovery from Deutsche Bank in connection with its termination of an International Swaps Dealer Association Master Agreement between LBI and Deutsche Bank. Kenneth E. Lee and Miriam L. Alinikoff worked on the matter.
August 8, 2012: Court approves retention of firm in MF Global bankruptcy.
The United States Bankruptcy Court for the Southern District of New York approves the retention of Levine Lee LLP as Special Counsel to the MF Global Inc. ("MFGI") Trustee. The firm is representing the Trustee in connection with an adversary proceeding brought by Koch Supply & Trading, LP ("KS&T"), an affiliate of Koch Industries, concerning the treatment of a $20 million letter of credit posted by KS&T as margin with MFGI in support of its commodities futures trading. Kenneth E. Lee, Scott B. Klugman and Miriam L. Alinikoff are working on the matter.
June 2012: Lehman Trustee retains firm for $6 billion appeal in Second Circuit.
The Lehman Brothers Inc. ("LBI") Trustee, James W. Giddens, retains Levine Lee to serve as co-appellate counsel for his appeal to the United States Court of Appeals for the Second Circuit from a decision of the United States District Court for the Southern District of New York relating to more than $6 billion in LBI assets that the District Court awarded to Barclays Capital. The firm represents the Trustee along with Hughes Hubbard & Reed, which handled the matter in the United States Bankruptcy Court and in the United States District Court for the Southern District of New York. Kenneth E. Lee and Scott B. Klugman are working on the matter.
April 16, 2012: Firm obtains dismissal of Section 11 claim in Countrywide litigation.
The firm prevails on a motion to dismiss filed on behalf of our client, David Spector, a former Senior Managing Director of Countrywide Financial Corporation, in securities litigation arising from Countrywide's sale of residential mortgage-backed securities. The suit sought damages against Countrywide and its former executives for alleged misrepresentations in the offering materials for 24 securitizations. The firm obtained dismissal of the case against our client with prejudice. Seth L. Levine, Scott B. Klugman and Miriam Alinikoff worked on the matter.
January 17, 2012: Firm prevails in Minnesota Court of Appeals.
The Minnesota Court of Appeals affirms the trial court's dismissal of an action brought against our client, Lazard Middle Market, LLC. The case is Gander Mountain Company v. Lazard Middle Market, LLC, No. 27-CV-10-18565 (Minn. Ct. App.). Scott B. Klugman and Miriam L. Alinikoff worked on the matter, and Kenneth E. Lee argued before the Minnesota Court of Appeals.