David Elsberg David Elsberg is a founding partner of Elsberg Baker & Maruri.
David is a “go-to” trial lawyer with decades of successful experience trying cases through final judgment or verdict, as well as domestic and international arbitration hearings through final award. David is ranked among the top trial lawyers in the United States by a number of leading publications.
Chambers refers to David as “fabulously smart” and “fearless”—as well as “very creative, thoughtful and collaborative” and “an excellent litigator with a strong commercial sense.” Chambers notes David’s “impress[ive] … ability to communicate with the court very effectively" and describes him as “strategic and understated, yet able to be as aggressive and effective a litigator as you will ever encounter." Chambers also named David a “Leading Individual” in commercial litigation.
Law360 named David a Securities MVP, noting his “artful and measured cross-examination style.” Law360 also reports that clients describe David as “aggressive, passionate, and a first-rate thinker” whose “ability to read people and think numerous questions ahead is uncanny."
The Legal 500 named David a leading commercial litigator, reporting that he is “highly regarded for his trial practice.” The Legal 500 also reports that David “displays particular strength in financial litigation, including major bankruptcy and securities cases.”
David has been named a “Litigation Star” by Benchmark Litigation, a “Plaintiffs’ Lawyer Trailblazer” by the National Law Journal and one of the “500 Leading Lawyers in America” by Lawdragon. The New York Law Journal honored David with its “Distinguished Leader” award for “great performance while demonstrating clear leadership skills leading to positive outcomes.”
David represents a wide variety of clients, including private equity, venture capital, and hedge funds and their portfolio companies. David represents clients in disputes in a range of areas including fiduciary duties, corporate governance, control contests, corporate-entity “divorces,” crisis management, financial services and products, energy, life sciences, bankruptcy and insolvency, fraudulent transfer, and breach of indentures and other complex contracts. David is a veteran litigator in New York federal and state courts and the Delaware Court of Chancery, and he has also handled many litigations in other U.S. jurisdictions as well as international arbitrations.
Representative Matters
Won trial victory in New York federal court on behalf of U.S. Bank in an RMBS trustee putback action, which resulted in a recovery of $850 million, the largest recovery ever in such a case.
Won trial victory after a one-week trial in the Delaware Court of Chancery on behalf of Athilon Capital Corp. and its board of directors in Quadrant v. Vertin defeating breach of fiduciary duty, breach of contract, and fraudulent transfer claims which sought hundreds of millions of dollars in damages, as well as a court order that would have forced the client to liquidate its assets and close down the business entirely. The Court issued a post-trial decision that denied all the relief Quadrant requested and permitted Athilon to continue executing the long-term business strategy that Quadrant challenged at trial. The press described this trial victory as a “resounding win” in a “literal bet-the-company case” that set precedent concerning the test for insolvency under Delaware law and that was affirmed by the Delaware Supreme Court.
Won trial victory after a six-day trial in the Delaware Court of Chancery on behalf of Crestview Partners against billionaire William Koch, defeating fiduciary duty claims and enforcing Crestview’s contractual put and exit-sale rights in connection with Crestview’s investment in Oxbow Carbon.
Won trial victory in New York State court on behalf of American industrialist Len Blavatnik on his claims that JPMorgan violated its obligations under agreed-upon investment guidelines by misclassifying securities backed by risky subprime loans as “asset-backed” rather than “mortgage-backed” securities.
Won arbitration victory on behalf of Rosen Capital on its claims against Bank of America/Merrill Lynch which wrongfully prevented Rosen Capital from executing its options volatility trading strategy. The award was one of the largest investor awards on record.
Won arbitration defense victory in a Texas arbitration awarding claimant $0, successfully defending against a $1 billion claim by a pipeline company arising from an alleged natural gas dedication obligation.
Won defense victory in international arbitration awarding claimant $0 in a dispute concerning expropriation of exploration rights.
Won dismissal of all claims against executives of Paulson & Co.’s MSR Hotels & Resorts alleging breach of fiduciary duties in connection with the sale of four luxury resorts after a three-day hearing in U.S. Bankruptcy Court in Southern District of New York.
Won complete dismissal of claims brought in New York State court alleging that investment fund allegedly breached a letter of intent and an asset purchase agreement by declining to move forward with the purchase of a business.
Represented the ResCap Liquidating Trust in Minnesota federal courts against dozens of loan originators seeking damages arising from the sale of defective mortgage loans, resulting in recoveries of $590 million.
In connection with the largest bank failure in history, successfully represented debtor Washington Mutual against challenges to its confirmation plan in the Delaware federal bankruptcy court, which resulted in a $6 billion settlement benefitting Washington Mutual’s creditors.
Successfully represented foreign representatives of several foreign funds in liquidation in Chapter 15 proceedings in Bankruptcy Court for the Southern District of New York, the U.S. District Court, and Second Circuit, in avoidance, common law, and breach of contract actions seeking to recover about $6 billion in redemption payments in the Madoff scheme made to hundreds of entities.
Elsberg Baker & Maruri PLLC
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Jared is a founding partner of Elsberg Baker & Maruri.
He is an experienced trial lawyer specializing in complex commercial litigation. Jared has successfully litigated a wide array of commercial matters, including shareholder and corporate governance disputes, breach of fiduciary duty claims, “busted” M&A transactions, commercial contract disputes, fraud claims, business torts, and employment disputes. Jared has represented clients in a diverse mix of industries, including private equity, commercial real estate, pharmaceuticals, energy, manufacturing, healthcare, software, consumer product wholesale and distribution, and startups.
Jared regularly appears before federal and state courts across the country and has represented clients in several confidential arbitrations before JAMS, AAA, and FINRA.
Jared has extensive experience litigating in the Delaware Court of Chancery and has successfully represented clients in a number of matters there, including through trial.
In addition to his legal practice, Jared also served as a Lecturer in Law at Columbia Law School where he taught courses related to litigation practice.
Representative Matters
Won trial victory after one-week bench trial in Delaware Court of Chancery in the first COVID-era busted deal case in which the client sought to walk away from a $6 billion deal. In addition to being released from deal, client obtained full recovery of its $600 million+ deposit and was awarded its full attorneys’ fees and costs. Affirmed on appeal by the Delaware Supreme Court in an opinion setting the precedent on ordinary course covenants in deal documents.
Obtained complete plaintiff’s jury verdict with punitive damages in the US District Court for the Central District of California on behalf of renowned entrepreneur and chemist, Dr. Anton Toutov, in a multi-million shareholder dispute concerning the attempts by Dr. Toutov’s co-venturers to freeze him out of their lab testing company, KorvaLabs. Jared was recognized for this decisive trial victory by the American Lawyer in its “Litigator of the Week” publication.
Currently representing beneficial family shareholders in a corporate governance dispute concerning several companies in a nationwide network of beer distributorships known as the “Sheehan Family Companies.” The case involves numerous claims and counterclaims, including breach of fiduciary duty, breach of contract, and unjust enrichment.
Representing renowned investment bank in a fee dispute concerning $300+ million equity financing transaction.
Successfully represented trust beneficiaries in removing the trustee of their donative trust, which holds over $100 million in trust assets, through a summary proceeding in the Massachusetts Superior Court, Business Litigation Session.
Represented Lion Copolymer Holdings LLC and its controlling shareholder in defending a suit brought by several minority shareholders in the Delaware Court of Chancery related to a contested multi-million dollar capital raise.
Represented Menalto Advisors LLC in a Delaware Superior Court action against a former client regarding a multi-million-dollar investment banking fee on a complex M&A transaction.
Represented a market leading Amazon brand aggregator in multi-million-dollar arbitration regarding breaches of representations and warranties and disputed inventory liabilities arising from complex M&A transaction.
Represented an advanced stage startup in multiple disputes with M&A counterparties in matters concerning millions of dollars in contested earnout payments.
Represented a healthcare technology startup in multiple disputes with former advisors to the company who demanded equity in the company.
Represented a pharmaceutical research and development company in contract dispute adverse to company retained to market innovative chemotherapy antidote on the pharmaceutical company’s behalf.
Represented Skype co-founder against claims for breach of contract and tortious interference relating to a series of private investment funds. After motion practice challenging personal jurisdiction and seeking dismissal of the claims, successfully obtained stay of all discovery and the matter settled on confidential terms.
Michael Duke is a founding partner of Elsberg Baker & Maruri.
Michael has represented clients in high-stakes commercial disputes across practice areas, having obtained successful outcomes in cases concerning complex financial instruments, debt restructuring, insurance disputes, mergers and acquisitions, and land use controversies. He has been recognized by Super Lawyers as a Rising Star in Business Litigation and twice in one week in The American Lawyer Litigation Daily as runner-up for Litigator of the Week.
Michael earned his J.D., summa cum laude, from Cornell Law School, where he was an Articles Editor for the Cornell Law Review. He served as a judicial law clerk to the Honorable Priscilla Richman of the United States Court of Appeals for the Fifth Circuit and to the Honorable P. Kevin Castel of the United States District Court for the Southern District of New York.
Representative Matters
Represented the former stockholders of the robotic medical devices company Auris Health against Johnson & Johnson in a ten-day trial in the Delaware Court of Chancery earn-out dispute centered around Johnson & Johnson’s post-merger failures to achieve regulatory and net-sales milestones, resulting in a verdict of over $1 billion for breach of contract and fraud.
Represented private equity firm Cerberus Capital Management as plaintiff in a breach of contract action against the Canadian Imperial Bank of Commerce, one of Canada’s largest banks, obtaining a $855 million judgment after a thirteen-day trial.
Defended a major energy company against a claim seeking up to $1 billion, obtaining an award in client’s favor after an eight-day confidential arbitration hearing.
Represented an ad hoc group of TriMark’s first lien term loan lenders as plaintiffs alleging that TriMark and several of its other lenders violated the governing credit agreement by exchanging the defendant lenders’ first lien term loans for new senior debt. After the court rejected motions to dismiss the plaintiffs’ contract claims, the parties settled the case, with TriMark exchanging the plaintiffs’ debt for new super-senior debt and paying all lenders’ attorneys’ fees.
Represented an ad hoc group of Mitel’s first and second lien term loan lenders as plaintiffs alleging Mitel and several of its other lenders breached the governing credit agreements by exchanging the defendant lenders’ first and second lien term loans for new senior debt. After removal to the federal court, successfully remanded the case and defeated motions to dismiss.
Represented New York-based real estate developer in obtaining a unanimous reversal from the Appellate Division, First Department of a trial court decision ordering the developer to tear down numerous floors of its residential building at 200 Amsterdam Avenue on Manhattan’s Upper West Side.
Represented New Hampshire Insurance Company in obtaining unanimous affirmance from the Appellate Division, First Department on a multi-million-dollar dispute over the coverage of fidelity bonds.
Represented a major energy company in a confidential international AAA arbitration defeating a claim against client seeking hundreds of millions of dollars.
Represented the Trustee of holders of Contingent Value Rights in a lawsuit against Bristol-Myers Squibb seeking $6.4 billion arising from Bristol-Myers Squibb’s failure to exercise diligent efforts in obtaining FDA approval of life-saving cancer therapies.
Represented tenant-advocacy groups in five suits raising federal constitutional challenges to New York’s rent-stabilization laws, successfully moving to dismiss each suit.
Rollo C. Baker IV is a founding partner of Elsberg Baker & Maruri.
Rollo is an experienced trial lawyer focused on litigating and trying complex commercial disputes. He has deep and widespread experience in a variety of subject matters, having successfully litigated cases involving securities, corporate governance, mergers and acquisitions, energy and environmental law, commercial real estate, employment law, judgment enforcement actions, the False Claims Act, and insurance. Rollo has extensive experience in the Delaware Court of Chancery in litigating fraud, MAE, and breach of fiduciary duty cases, and in courts around the country litigating both plaintiff and defense-side securities fraud matters.
Rollo has an active trial practice, having first-chaired or had leading roles in numerous bench and jury trials and arbitrations. He has been singled out by clients who note that he “is as good as I’ve seen” and that his ability to “drill-down on the witness and to flex in and out of that mode impressed and at times astonished.” Rollo has been recognized as one of the 500 Leading Litigators in America by Lawdragon, as a “Future Star” by Benchmark Litigation, and as a New York rising star “Super Lawyer” since 2019. Rollo and his colleagues were named “Litigators of the Week” by The AmLaw Litigation Daily for their trial and appellate victories in the AbStable v. MAPS $6 billion+ busted deal case. He has also been repeatedly recognized in AML’s weekly “Litigator of the Week” publication for, among other things, a case dispositive victory on summary judgment in an expedited $200 million private equity dispute following his oral argument; his leading role in the first COVID-19 era busted deal case to go to trial in which the court concluded that his client properly terminated a $6 billion sale transaction after the CEO he crossed at trial conceded that the target business had “made major material changes to its business when compared to its past practice;” and the reversal by the Delaware Supreme Court of a jury verdict in a M&A case concerning the enforceability of the parties’ agreement to limit remedies for reckless fraud.
Rollo regularly publishes updates on developments in Delaware law and has authored articles concerning, and presented on, various M&A topics, including MAE provisions, ordinary course covenants, and issues of title insurance.
Prior to founding the firm, Rollo was a partner at Quinn Emanuel Urquhart & Sullivan, where he was the co-chair of the Corporate Governance Litigation Practice.
Representative Matters
Won a trial victory after a one-week trial in the Delaware Court of Chancery on behalf of Athilon Capital Corp. and its board of directors in the Quadrant v. Vertin case, defeating claims seeking hundreds of millions of dollars as well as a court order that would have forced our client to liquidate its assets and shutter its business. In its post-trial decision, the Court denied all the relief sought and allowed Athilon to carry out the long-term business strategy that Quadrant had challenged at trial. This trial victory was described in the press as a “resounding win” in a “literal bet-the-company case” that set precedent in Delaware concerning the test for legal insolvency, which was affirmed by the Delaware Supreme Court.
Won a $63 million judgement after a three-week bench trial, in which American industrialist Len Blavatnik alleged that JPMorgan violated its obligations under agreed-upon investment guidelines, which in turn caused substantial losses. Mr. Blavatnik contended that instead of complying with the conservative guidelines, JPMorgan breached a 20% limit set for mortgage-backed securities by misclassifying securities backed by risky subprime loans as “asset-backed” rather than “mortgage-backed” securities. The Court rejected JPMorgan’s argument at trial that it should not be liable on grounds that its classification of the risky subprime securities followed “industry practice.”
Won trial victory after one-week bench trial in Delaware Court of Chancery in the first COVID-era busted deal case in which the client sought to walk away from a $6 billion deal. In addition to being released from deal, client obtained full recovery of its $600 million+ deposit and was awarded its full attorneys’ fees and costs. Affirmed on appeal by the Delaware Supreme Court in an opinion setting the precedent on ordinary course covenants in deal documents.
Currently representing Fairstead against a former executive in actions pending in the Delaware Court of Chancery and New York state court regarding the proper interpretation of various limited liability company agreements.
Currently representing Youbi Capital GP (a crypto related investment fund) and its principals in an action brought by putative shareholders alleging breach of contract and fiduciary duty claims.
Represented 26 Capital Acquisition Corp., led by CEO Jason Ader, seeking specific performance of a merger agreement to consummate a NASDAQ listing of the Okada Manilla, a casino located in the Philippines.
Represented Express Scripts in a case brought by the New York City Transit Authority claiming that Express Scripts failed to police “fraudulent, abusive or excessive” claims for compounded medication prescriptions and seeking $100 million in damages. After an eight-day trial in the SDNY, the jury awarded the Transit Authority no damages.
Represented the co-founder of Collage.com in connection with an M&A dispute involving claims for violations of blue-sky state securities law.
Represented Essar Global in defending against a $1.4 billion fraudulent transfer claim pending in the SDNY. Matter settled on confidential terms.
Represented Steward Health Care System LLC in contractual disputes arising out of a $1.1 billion asset purchase agreement.
Represented several leading venture capital funds against WeWork, Adam Neumann, and Artie Minson for alleged fraud in connection with an M&A transaction. Matter settled on confidential terms.
Represented largest commercial bank in Ukraine (PrivatBank) against Ukrainian oligarchs and their US-domiciled conspirators in an action that has been described as the “most detailed study of large-scale money laundering” and seeks more than $600 million in damages for claims of unjust enrichment, fraudulent transfer, and violations of Ohio state RICO.
Represented a group of hedge funds in major securities fraud opt-out case against Valeant and its former executives and various investment banks.
Represented a group of hedge funds in securities fraud opt-out case against Mohawk Industries and current and former executives.
Represented Maiden Holdings, Ltd. and former officers in defending against a putative securities fraud class action.
Represented Babcock & Wilcox in action asserting breach of contract and fraud related to alleged defects in gas-fired boilers provided to a paper product manufacturer. Following motion to dismiss, fraud claim was dismissed and court ruled that the contractual damages cap would apply so long as the contract was validly formed.
Represented Source Code Accelerate L.P. in defending against a putative securities fraud class action asserting claims under Sections 11, 12, and 15 of the Securities Act of 1933. The case concerns Qudian Inc., a Chinese online micro-lender, which held its initial public offering on the New York Stock Exchange on October 18, 2017.
Represented RCS Media adverse to various Blackstone funds in a litigation concerning real-estate located in Milan, Italy. Following motions practice, we successfully stayed the litigation in deference to an already pending arbitration in Italy.
Represented minority stockholder of private company whose controller intended to pursue self-interested transaction that would harm minority stockholder’s investment. After several letters challenging the proposed transaction as breaching fiduciary duties and the stockholder agreement, the controller called off the proposed transaction.
Represented co-founder of a private tech company in connection with a dispute concerning corporate governance and defamatory statements. Obtained complete relief for client after several letters challenging the actions of the other co-founder.
Represented Skype co-founder against claims for breach of contract and tortious interference relating to a series of private investment funds. After motion practice challenging personal jurisdiction and seeking dismissal of the claims, successfully obtained stay of all discovery and the matter settled on confidential terms.
Represented Postmates adverse to the New York Attorney General concerning the independent contractor status of a courier used by Postmates. Obtained favorable decision for Postmates before the New York Appellate Division (3rd Department) finding that the courier was an “independent contractor.”
Represented multiple investments funds against Goldman Sachs and other investment banks based on claims for violations of federal and state securities laws arising from the issuance of certain SunEdison securities.
Represented Michael “Mickey” Gooch and Colin Heffron against securities fraud claims in a class action pending before Judge Pauley in the SDNY. After the class was certified, we moved for summary judgement and obtained complete dismissal of all claims with prejudice. On appeal, the Second Circuit affirmed.
Represented AEP Generating Company (“AEPG”) and Indiana Michigan Power Company (“I&M”) in a $1.4 billion breach of contract and indemnification case brought by a series of trusts on behalf of corporate investors. The case, Wilmington Trust Co. et al. v. AEP Generating Co. et al., concerned the operation of a coal-fired power plant located in Rockport, Indiana, which was sold to plaintiffs in 1989 in a sales/leaseback transaction. After successfully moving to transfer the case from the Southern District of New York to Ohio, we obtained dismissal of most of plaintiffs’ claims. Plaintiffs subsequently withdrew their remaining claims with prejudice and appealed to the Sixth Circuit. On appeal, the Sixth Circuit affirmed in part and reversed in part the district court’s dismissal, and the case was remanded for further proceedings and was ultimately resolved between the parties.
Represented FirstEnergy Generation LLC in confidential arbitrations and related federal litigation concerning several long-term coal transportation contracts with three national railroads. Developed deep expertise with environmental regulation impacting coal and gas-fired generation; the operation, efficiencies, and costs of various pollution control devices; and the function and operation of PJM Interconnection LLC.
Obtained a dismissal with prejudice on behalf of American International Group (AIG), in a federal False Claims Act lawsuit alleging that AIG made false statements regarding its former subsidiaries, the American Life Insurance Company and American International Assurance Limited. Also represented AIG in a federal lawsuit against the New York State Department of Financial Services and its Superintendent alleging that the Department’s interpretation of the New York Insurance Law was unconstitutional under the Due Process and Commerce Clauses, as well as the First Amendment.
Represented Chilean and Spanish construction companies in action against their former financial advisor, The Bank of Nova Scotia, for breach of contract and gross negligence relating to a botched financial model for a toll-road construction project in Chile.
Represented the founder of Vinmar and a synthetic rubber company in a breach of contract and corporate governance dispute in the Delaware Court of Chancery. Matter settled on favorable terms.
Silpa Maruri is a founding partner of Elsberg Baker & Maruri.
Silpa is an experienced litigator and trial lawyer who has led several teams to victory in a wide variety of disputes and trials. Most recently, Silpa obtained a significant arbitration victory in a bet-the-company dispute over an energy agreement following a nine-day hearing, garnering recognition as a “Litigator of the Week” by the American Lawyer for her performance. Although experienced in a wide array of forums, Silpa has specialized experience in the Delaware Court of Chancery, where she has litigated some of the most widely publicized disputes of the last decade, including Twitter v. Musk and In re Dell Technologies Class V Stockholders Litigation. In Dell, Silpa served as lead counsel in a class action on behalf of Dell stockholders relating to a 2018 stock-for-stock exchange, resulting in a historic settlement of $1 billion—the largest class action settlement in any state court. This record-setting win, which the Delaware Court of Chancery described as “real and unprecedented,” garnered widespread praise. Silpa has also played a key role in many of the recent COVID-19 related busted deal cases filed in the wake of the pandemic, including Snow Phipps v. KCAKE Acquisition Corp. Silpa’s recent representative matters also include several deal-related disputes regarding corporate acquisitions, several derivative lawsuits relating to shareholder claims of self-dealing, commercial contract disputes relating to investor rights, and matters involving financial fraud.
Silpa is widely recognized as a skilled advocate and litigator, which has earned her a broad array of accolades. She is one of only two lawyers in America to be recognized by the American Lawyer as a “Litigator of the Week” twice in 2022. In 2021, Law360 named Silpa a “Rising Star” in the Private Equity field. She has also been named a Leading Plaintiff’s Lawyer by Lawdragon 500 in the area of financial litigation and a Recommended Lawyer for Dispute Resolution by the Legal 500.
In addition to her active trial practice, Silpa regularly publishes, speaks and appears on matters of corporate governance and Delaware law. Silpa recently appeared on a panel regarding Mergers & Acquisitions Litigation for the Practicing Law Institute, alongside the Honorable Collins J. Seitz, a Justice on the Delaware Supreme Court. In 2021, Silpa was a panelist at the prestigious Tulane Corporate Law Institute, where she appeared alongside Chancellor Kathaleen McCormick of the Delaware Court of Chancery.
Silpa received her B.A. with honors from the University of Chicago and her J.D., magna cum laude, from Cornell Law School. Prior to joining the firm, Silpa was a partner at Quinn Emanuel Urquhart & Sullivan, LLP, where she served as a co-chair of the firm’s Delaware Practice. Following law school, Silpa also served as a judicial law clerk in the Eastern District of Pennsylvania.
Representative Matters
Obtained landmark $1 billion settlement for shareholders of Dell DVMT stock in connection with Dell Technologies’ 2018 stock-for-stock exchange of DVMT shares for Class C shares. The Delaware Court of Chancery hailed the historic result as “unprecedented” and “real.” Following hard-fought discovery, including the deposition of Michael Dell, the adversaries settled the action. The settlement represents the largest shareholder recovery in a state court, and the seventeenth largest shareholder recovery in any court.
Obtained historic bench trial victory for private-equity firm Snow Phipps Group in a first-of-its kind busted deal case concerning the sale of one of its portfolio companies, KCAKE, a $600 million cake-decoration company. Following a nine-day trial, the Delaware Court of Chancery ordered Kohlberg & Co. to close the acquisition, notwithstanding Kohlberg’s claims that COVID-19 excused its performance. The victory represented a precedent-setting development in M&A litigation, in which the court compelled KCAKE to complete the acquisition despite the lapse of its financing to do so.
Represented Elon Musk in Twitter v. Musk, the headline-dominating $44 billion dispute between Musk and Twitter Inc. concerning the termination of his agreement to buy Twitter, based on claims of breach of contract and fraud. The case represented the largest busted-deal matter in recent history.
Obtained landmark appellate victory for Express Scripts and United BioSource Corp. in an $80 million dispute concerning claims of fraudulent inducement in connection with the sale of a healthcare company to private equity firm Parthenon Capital Partners. The appellate victory established new law in Delaware concerning the scope of contractual waivers of intentional fraud in connection with M&A transactions.
Obtained complete arbitration victory for Limetree Bay Terminals in a bet-the-company contractual dispute concerning the terms of a nine-figure oil storage lease agreement. Following a nine-day hearing dominated by complex fact and expert testimony concerning technical engineering concepts, the three-arbitrator panel ruled in Limetree’s favor, ordering the adversary to specifically perform the agreement and to pay Limetree damages.
Defended affiliates of HPS Investment Partners in ten-figure securities class action asserting claims under Section 10(b) and Section 20 of the Exchange Act and state blue sky laws. The Class Plaintiffs alleged that HPS and its board-appointee, Don Dimitrievich, committed fraud in connection with their investment in Alta Mesa Resources, an oil-and-gas SPAC venture that declared bankruptcy one year after its de-SPAC transaction.
Defended Fang Holdings Limited, Vincent Mo, Richard Dai, and related entities in a nine-figure derivative shareholder dispute governed by Cayman Islands law regarding Fang’s delisting, its spin-off of China Index Holdings, and its subsequent take private of the same entity.
Represented significant shareholders of the Sheehan Family Companies in a complex, nine-figure breach of fiduciary duty action concerning allegations of self-dealing in connection with management and control of the companies, as well as the administration of trusts in the names of the shareholders.
Obtained appellate victory in the Delaware Supreme Court for the Heyman family in a contract case adverse to Ashland Inc., arising out of the $3.2 billion sale of a chemical manufacturer, International Specialty Products Inc.
Represented $4 billion lithium-mining company in a dispute with its former CEO and Board Chairman concerning his misappropriation of trade secrets and confidential information in the wake of his departure from the company.
Obtained complete arbitration victory following five-day hearing for confidential hedge fund, in contractual dispute relating to earn-out provisions governing complex real estate transaction.
Represented confidential technology services company in complex, eight-figure dispute concerning claims of accounting fraud and fraudulent inducement in connection with stock purchase agreement governing the acquisition of a technology services vendor from confidential private equity firm.
Obtained motion to dismiss victory for Bill Taylor in In re Mimedx Group Inc. Securities Litigation, a class action securities litigation involving claims of channel-stuffing.
Represented Core Litigation Trust in $240 million dispute in New York state court alleging claims of tortious interference with contract in connection with the sale of a media company to Fox, Endemol, and private equity firm Apollo Global Management. The matter settled on favorable terms.
Obtained trial victory for Crestview Partners in connection with $500 million dispute regarding Crestview's contractual rights to exit its minority investment in Oxbow Carbon LLC. Following a contentious six-day trial, the Delaware Court of Chancery ruled in favor of Crestview, allowing the firm to compel Oxbow to complete a sale.
Represented Forest Laboratories and Forest Pharmaceuticals in connection with multi-district products liability litigation involving claims that selective serotonin reuptake inhibitors, such as Celexa and Lexapro, caused birth defects.
Obtained motion to dismiss victory and affirmance from the Second Circuit in Infrassure Ltd. v. First Mutual Transportation Assur. Co., a case of first impression in the reinsurance industry concerning the proper interpretation of a reinsurance certificate.
Represented AI International Holdings (BVI), Ltd. in New York state supreme court, in connection with a dispute over loans issued to the Weinstein Group. Following the fallout ensuing at the Weinstein Group after Harvey Weinstein was accused of sexual assault in 2017, the Weinstein Group’s lenders declared a default under their loan and sought to their guarantees from Weinstein in court.
Obtained favorable settlement for confidential hedge fund in nine-figure dispute concerning the restructuring of loans to Chilean-owned energy ventures.
Represented Legal & General in a trademark dispute with Travelers Insurance Company. The case concerned a contractual letter agreement governing the rights to use an umbrella logo in connection with the sale of insurance services. The matter settled on favorable terms.
Represented confidential Fortune 100 technology services company in connection with a contractual dispute relating to a long-term contract for technology-based services.
Represented confidential foreign razor manufacturer in an arbitration concerning the scope of a release and license provided for in a settlement agreement between the parties.
Obtained summary judgment dismissing claims of conspiracy against reinsurer National Indemnity in Ford Motor Co. v. National Indemnity (E.D. Va.), a case where plaintiff challenged a loss portfolio reinsurance structure.
Obtained confidential victory for a reinsurer in connection with nine-figure dispute over the coverage available under a reinsurance policy that reinsured batch-insurance policies issued to an automobile manufacturer by its captive insurer.
Represented National Union Fire Insurance Company of Pittsburgh in an insurance coverage dispute with Modern Contingent Construction Company concerning property damage arising from the infamous Big Dig tunnel ceiling collapse in July 2006.
Represented Sandoz AG, Sandoz International GmbH, and two individuals in New York state litigation arising out of the merger of Sandoz Inc. and Oriel Therapeutics, Inc. The action, which concerned claims of fraud, was dismissed at the motion to dismiss phase.
Vivek Tata is a founding partner and the General Counsel of Elsberg Baker & Maruri.
Vivek has tried cases in federal and state courts and has litigated before AAA, JAMS, CPR, and FINRA panels. Vivek’s practice includes counseling investors, investment funds, startups, large companies and individuals on both sides of the “v.”
Vivek was recently recognized in Benchmark Litigation’s 2024 40 & Under list, and in Best Lawyer’s 2025 and 2024 lists of “Ones to Watch” in the commercial and securities litigation categories. In 2022, Vivek was selected for the Leadership Council on Legal Diversity’s (LCLD) Pathfinder Program, designed to help high-performing, early-career lawyers cultivate leadership skills and successfully develop their careers.
Vivek earned his J.D. from Stanford Law School, where he was a Senior Editor of the Stanford Law & Policy Review. He served as a law clerk to the Honorable Kiyo A. Matsumoto of the United States District Court for the Eastern District of New York. Before law school, Vivek worked at Google, managing payments and retail search products across international markets.
Representative Matters
Represented the former stockholders of the robotic medical devices company Auris Health against Johnson & Johnson in a ten-day trial in the Delaware Court of Chancery earn-out dispute centered around Johnson & Johnson’s post-merger failures to achieve regulatory and net-sales milestones, resulting in a verdict of over $1 billion for breach of contract and fraud.
Represented foreign representatives of several funds in liquidation abroad in Chapter 15 proceedings in Bankruptcy Court for the Southern District of New York, and before the U.S. District Court on appeal, asserting foreign avoidance, common law, and breach of contract claims, seeking to recover about $6 billion in redemption payments from hundreds of entities arising out of the Madoff scheme.
Defended a major energy company against a claim seeking up to $1 billion, obtaining an award in client’s favor after an eight-day confidential arbitration hearing.
Represented Bausch Health, a multinational pharmaceutical company, and one of its subsidiaries, Salix, in a contract dispute with the former CEO of Salix over the termination of her unvested equity awards.
Served as counsel of record in the United States Supreme Court for amici curiae state and local organizations in PennEast Pipeline Co. v. New Jersey.