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Appert v. Morgan Stanley
Morgan Stanley
Our attorneys served as trial counsel on behalf of Morgan Stanley in a putative class action seeking the recovery of handling fees associated with tens of thousands of securities transactions from 1998 to the present. The case was successfully dismissed upon motion, and was dismissed again after the plaintiff filed a First Amended Complaint.
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In Re: Aqua Dots Products Liability Litigation
Spin Master Ltd.
Our attorneys serve as lead trial counsel in this consumer class action, representing Spin Master Ltd., Moose Enterprise Party Ltd., Target Corporation, and Toys “R” Us concerning false representations made on packaging for Aqua Dots, a children’s toy, that was mistakenly made with a chemical that converts into GHB (the “date rape drug”) when ingested in the human body. After a product recall was done with the Consumer Product Safety Commission, nine class action suits were filed, including two in the Central District of California. After consolidating the cases before the Judicial Panel on Multidistrict Litigation, we defeated class certification. The Seventh Circuit Court of Appeals affirmed the decision.
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The Republic of Ecuador and Petroecuador v. ChevronTexaco Corporation and Texaco Petroleum Company
Republic of Ecuador
We represent the Republic of Ecuador in an arbitration under the UNCITRAL Rules of Arbitration before the Permanent Court of Arbitration in The Hague. Claimants Chevron and Texaco are seeking more than $1.6 billion in damages on the grounds that seven lawsuits filed by Texaco in the Republic's courts have been either unduly delayed or decided incorrectly, resulting in a claimed "denial of justice." The arbitrators' decision is pending. This arbitration is part of a series of disputes involving these parties.
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Veritas Operating Company v. Microsoft Corporation
Microsoft Corporation
The firm represented Microsoft in a suit brought in the Western District of Washington in which Symantec Corporation (on behalf of Veritas Software Corporation) had alleged billions of dollars of damages. The dispute centered on Microsoft's alleged misuse of Veritas trade secrets, breach of a license agreement, and patent infringement. Microsoft won a complete victory on the patent claims, with the court entering summary judgment in favor of Microsoft and adopting the finding of a Special Master that the patent in suit was invalid and that Microsoft had not infringed. Winston & Strawn was also able to engineer a settlement on the remaining claims at a fraction of the damages sought.
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Morgan, et al. v. American General Finance, Inc.
American General Finance, Inc.
Winston & Strawn litigators recently obtained a victory for client American General Financial Services, Inc. in a putative class action filed in Alameda County, California (Oakland), alleging concealment and fraud in originating consumer loans when Judge Sabraw granted summary judgment on all claims of each of the four named plaintiffs. The plaintiffs sought to represent the massive group of every person who borrowed money from AGFS over a six-year period, but the class certification motion was averted when we obtained summary judgment. This case had seen two removals to the federal court and two interlocutory appeals ? one to the Ninth Circuit on jurisdiction under the Class Action Fairness Act and one to the California Appellate Court on
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