Criminal Antitrust Win
Following a five-year criminal investigation of the optical disk drive ("ODD") industry, the Firm successfully persuaded the Antitrust Division of the United States Department of Justice ("DOJ") not to indict a senior executive at a multinational corporation, who had been identified as a target of the investigation. The Firm was retained nearly three years after the commencement of the investigation, when the government informed prior counsel that an indictment was imminent because multiple cooperating witnesses and corroborating tape recordings implicated the client in a price fixing conspiracy. After being retained, the Firm interviewed numerous witnesses and meticulously analyzed the documents to construct a defense narrative consistent with the client's innocence. The Firm's lawyers then met multiple times with DOJ prosecutors and ultimately succeeded in persuading them in April 2014 to close the investigation without bringing any charges.
AIG Settles With Former Executive Before $274 Million Trial
The settlement came as a trial (seeking damages for claims entitled to failures to pay contractually owed carried interest) was due to have begun in early November 2013 in federal court. Kevin Fitzpatrick was President of AIG Global Real Estate until he left in 2009. "The terms of the settlement are confidential," said Sean O'Shea, a lawyer for Fitzpatrick, "We’re very happy."
– Reuters, Nov. 6, 2013
Successful Intervention Before United States Court of Appeals for the Second Circuit
In NML Capital, Ltd. v. Republic of Argentina, No. 12-105-cv(L), the Firm was engaged on an emergency basis by holders of over $1 billion in exchange bonds issued by the Republic of Argentina. Acting under severe time constraints, the Firm won a stay from the United States Court of Appeals for the Second Circuit preventing the enforcement of an injunction entered by a federal district court that would have interfered with the Republic's payments on over $24 billion in exchange bonds, by conditioning such payments on the prior satisfaction of obligations to other creditors. The stay enabled the Republic's exchange bondholders to receive the $3 billion in payments owed in December 2012, and ensured that the injunction will not be enforced until its effect on third parties can be fully briefed and considered by the United States Supreme Court.
Sean O'Shea featured in Lawdragon 500 September 2013 issue
The Lawdragon 500, the most elite guide to the legal profession, selected Sean O'Shea as one of the 500 Leading Lawyers in America and profiled him in its September 2013 issue.
Forfeiture Trial Win
The Firm prevailed at trial in seeking return of funds seized by the government, which claimed the company had structured its bank deposits to evade taxes. After waiving jury trial, the Firm employed a technical tax defense in a bench trial, aggressively cross-examining government investigators and agents. After trial and briefing, United States District Court Judge Brian Cogan, on August 15, 2011, ordered the forfeited funds returned and the legal fees of our client reimbursed.
Criminal Antitrust Win
After a lengthy investigation of a high level executive of an international air cargo company targeted for indictment, the Antitrust Division of the Department of Justice announced that it would seek the indictment of the executive, a client of the Firm. After conducting an extensive investigation on several continents and review of tens of thousands of documents, as well as careful study of regulatory agency actions and statements both in the United States and abroad, the Firm submitted a whitepaper demonstrating the innocence of the client. Although unsuccessful in its efforts to persuade lower level prosecutors, the Firm sought an appeal to the Deputy Attorney General level of the Antitrust Division of the Department of Justice, and in 2011, the Firm was successful in persuading the Department of Justice both to drop its case against our client and to not name him as a carve-out in the company's subsequent resolution of the price fixing charges.
$100 Million Victory Against Cendant Corporation
Following nearly a decade of litigation, the Firm recently won affirmance of a $100 million judgment for CSI Investment Partners II, Inc. in a lawsuit the Firm brought against Cendant Corporation alleging the breach of an acquisition agreement and securities fraud.