Richard T.
Marooney

Representing a private equity firm in an action against another private equity firm arising from a failed bid to purchase assets in the telecommunications industry.

Following a two-day trial in New York Supreme Court, successfully enjoined the Xerox-Fuji merger on behalf of two of Xerox’s largest shareholders, Darwin Deason and Carl Icahn.

Won summary judgment for Clarion Partners in an action alleging civil RICO violations arising from investments in Mexico.

Won summary judgment for Clarion Partners in an action for breach of contract arising from a potential joint venture in Europe.

Representing Big Four accounting firm in connection with a restatement of financial statements in the life sciences industry.

Representing Genuine Parts Company in Delaware Chancery Court in an action arising from the termination of an M&A agreement.

Following a three-day bench trial in the Southern District of New York, achieved confirmation of $465 million arbitration award against the state-owned oil company of Mexico on behalf of a subsidiary of KBR, Inc. after the arbitration award had been annulled by Mexico’s courts.

Represented AT&T in connection with disputes with Yahoo! concerning data breach matters.

Won a three-week jury trial for Middle Eastern private equity group in an action involving allegations of fraud, breach of fiduciary duty and other claims relating to Shari’ah-compliant financial structure.

Defended a Big Four accounting firm in an action by a hedge fund arising out of the failure of one of the largest providers of brokerage and clearing services in the internationalderivatives, currency and futures market.

Won a three-week trial for Royal Bank of Canada and RBC Capital Markets in actions involving allegations of fraud, breach of fiduciary duty and aiding and abetting liability.

Represented a former CFO of a medical device manufacturer in securities litigation arising out of a restatement of financial statements.

Represented GE Capital Corporation and other lenders in a lawsuit against former CFO of insolvent retailer concerning misrepresentations and accounting issues.

Won a defamation action on behalf of Julian H. Robertson, Jr. against internet bloggers.

Achieved dismissal for Ambac in a lawsuit filed by the City of New Orleans arising out of a variable rate municipal bond issuance and related interest rate swaps.

Won a three-day trial in New York Supreme Court on behalf of board of directors’ special committee in connection with shareholder derivative action concerning alleged breaches of fiduciary duty.

Defended the underwriter syndicate in a securities class action in connection with an equity offering of Majesco Entertainment Company.

Represented a hedge fund company in connection with investigation by New York Attorney General concerning equity research practices.

Achieved early dismissal for the underwriter syndicate in a securities class action concerning an equity offering of Inspire Pharmaceuticals.

Represented Ramon Prats, former President of R&G Financial Corporation, in a securities class action in the Southern District of New York arising from alleged accounting irregularities relating to the sale of mortgages.

Represented an investment bank in connection with SEC and NASD investigations.

Achieved successful settlement of dispute between hedge fund company and former fund manager concerning covenants not to compete.

Representing a privately held Latin American conglomerate in connection with shareholder disputes.  

Achieved dismissal for one of Russia’s largest financial institutions in a lawsuit in the Southern District of New York alleging RICO and securities fraud claims.

Defending an international private equity company in a lawsuit arising out of the sale of a natural gas storage facility.

Secured dismissal of a Middle Eastern financial services company from lawsuits arising out of the 9/11 terrorist attacks.

Conducted an internal investigation on behalf of a European company concerning alleged accounting irregularities relating to revenue recognition, return reserves and “channel stuffing.”

Achieved successful resolution for an energy trading company in a class action in the Southern District of New York concerning alleged market manipulation under the Commodities Exchange Act.

Advised a private equity group in connection with its investment in a power project in Guatemala.

Represented an energy trading firm in class action litigation and FERC proceedings arising out of California’s energy crisis.

Achieved favorable resolution for a refinery owner in contract dispute with major utility in connection with the marketing of electricity in the PJM transmission zone.

Achieved favorable jury verdict in two-week jury trial on behalf of an independent power producer arising from a contract dispute with a leading energy trading company.

Obtained favorable resolution for an independent power producer in a contract dispute with local municipality arising from the sale of electricity and thermal energy.

Won a three-week jury trial on behalf of a nuclear power plant owner/operator in a contract dispute with co-owners concerning allegations that the owner/operator mismanaged the plant.