Walker v. Alta Colleges
Successfully defeated class certification in a first-of-its-kind lawsuit alleging that out-of-state online college violated Texas Education Code by enrolling Texas students. After defeating class certification we successfully opposed a request for an interlocutory appeal to the Fifth Circuit and an effort to substitute a new proposed class representative.
School District Bid-Rigging Investigation
Representation of major North American dairy in investigations by the U.S. Department of Justice's Antitrust Division and the Attorney General of Texas into alleged bid rigging and market allocation among school districts.
International Freight Forwarding Antitrust Investigation and Litigation
Representation of major global freight forwarder in an industry-wide international antitrust investigation into possible price fixing and other improper collusive activity.
Global Compressor Manufacturing Investigation
Representation of U.S. executive of a worldwide manufacturer of compressors in an investigation by the Antitrust Division of the Department of Justice into claims of price-fixing affecting Europe, South America, the United States and Asia.
Financial Services Antitrust Investigation
Representation of leading financial services provider in an investigation by the U.S. Department of Justice's Antitrust Division into alleged antitrust violations in the municipal finance industry.
International Cartel Investigation
Representing a major global freight forwarder in an industry-wide international antitrust investigation into possible price fixing and other improper collusive activity. As previously publicly announced by the company, the investigation began with a search warrant conducted by the Antitrust Division of the United States Department of Justice and a simultaneous inspection by the European Commission. The investigation expanded to include investigations by antitrust regulators in Brazil, Canada, Japan, New Zealand, and Switzerland. Following announcement of the government investigations, a purported civil class action lawsuit styled Precision Associates, Inc. et al. v. Panalpina World Transport (Holding) Ltd, et al.
was filed in the Eastern District of New York against more than fifty industry players alleging antitrust class action damages. During the course of the representation Haynes and Boone has assisted the company in issuing a revised antitrust compliance program. The representation has also required Haynes and Boone to coordinate co-counsel, counsel for individual employees, factual development, and electronic discovery issues worldwide. Many of the government investigations and the U.S. civil lawsuit are on-going.
In re Parkcentral Global Litigation
Represent entities in a class action alleging breach of fiduciary duty and vicarious liability in connection with the failure of the Parkcentral Global hedge fund.
Global Construction and Mining Equipment Manufacturing Investigation
Representation of a U.S. executive of a worldwide manufacturer of equipment serving the construction and mining industries in an investigation by the Antitrust Division of the Department of Justice into claims of price-fixing.
Defense Contracting Antitrust Investigation
Representation of U.S. executive of an international aerospace and defense technology company in an investigation by the Antitrust Division of the Department of Justice into claims of bid-rigging of defense contracts at military installations.
Transportation Antitrust Investigation
Representation of the CEO of a U.S. Company engaged in the offshore helicopter transportation industry in an investigation by the Antitrust Division of the Department of Justice into claims of price-fixing and market allocation affecting the U.S. and the North Sea.
Global Chemicals Price-Fixing Investigation
Representation of U.S. executive of a worldwide supplier of paints and coatings in an investigation by the Antitrust Division of the Department of Justice into claims of price-fixing among paint manufacturers within North America.
Electronics Manufacturing Antitrust Prosecution
Representation of Chairman and CEO of a Taiwanese producer of color television display tubes and LCD flat panels in a federal criminal price-fixing case brought by the U.S. Department of Justice's Antitrust Division, alleging agreements among Asian manufacturers to set prices of displays for use in computers and televisions worldwide.
Chemical Industry Market Allocation Investigation
Representation of Swedish executive of a worldwide supplier of paints, coatings and hydrogen peroxide in connection with an investigation by U.S. Department of Justice's Antitrust Division into alleged international market allocation and collusion within Europe and North America.
Marine Supply Manufacturer Bid Rigging Prosecution
Representation of executive of manufacturer of foam-filled marine fenders and buoys in a criminal action by U.S. Department of Justice Antitrust Division alleging bid rigging and customer allocation scheme.
DRAM Price-Fixing Investigation
Representation of U.S. and foreign executives of a worldwide manufacturer of computer chips in an investigation by the U.S. Department of Justice's Antitrust Division into alleged worldwide market allocation and price fixing.
Food Flavor Enhancement Investigation
Representation of worldwide food supplier in a criminal cartel investigation by the Antitrust Division of the Department of Justice into antitrust violations and collusion in the food flavor enhancement industry (MSG and nucleotides).
Oil and Gas Price-Fixing and Market Allocation Investigation
Representation of major oil and gas company in an investigation by the U.S. Department of Justice's Antitrust Division into alleged price-fixing and market allocation among worldwide producers of refining by-products.
Polychloropine Rubber Price-Fixing Investigation
Representation of executive of an Italian producer of polychloroprene rubber in connection with an investigation by the U.S. Department of Justice's Antitrust Division into alleged international price-fixing.
Reynolds v. Murphy, 188 S.W.3d 252 (Tex. App. - Fort Worth 2006, pet. denied)
Obtained the first appellate opinion in Texas protecting the First Amendment rights of a newsletter publisher and author to publish general investment advice.
DOJ and State of Texas Price-Fixing Investigation
Defense of national dairy producer in state and federal antitrust price-fixing investigations.
Microtune, Inc. Securities Litigation
We defended the former CEO of a silicon and systems company that develops radio frequency-based solutions for broadband communications, automotive electronics and wireless markets in a putative class action alleging misrepresentations regarding the company’s revenue recognition. The court granted partial dismissal, Angeloni v. Microtune, Inc.,
No.4:03-CV-56 (E.D. Tex. 2004), and we negotiated a settlement of the sole remaining claim.
In re Pepsico, Inc., 87 S.W.3d 787 (Tex. App. - Texarkana 2002, orig. proceeding)
Obtained a conditional writ of mandamus ordering a trial court to reinstate a motion to transfer venue.
National Medical Enterprises, Inc. v. Godbey, 924 S.W.2d 123 (Tex. 1996, orig. proceeding)
Obtained a writ of mandamus from the Texas Supreme Court disqualifying opposing counsel in a case against a hospital corporation and a former hospital administrator.
Zuffa, LLC v. HDNet MMA 2008 LLC, 262 S.W.3d 446 (Tex. App.-Dallas 2008, orig. proceeding)
Persuaded the Dallas Court of Appeals to grant mandamus relief directing the trial court to stay litigation pending the outcome of Nevada arbitration proceedings between The Ultimate Fighting Championship mixed martial arts fight promoter and fighter Randy Couture.
Lonza AG v. Blum, 70 S.W.3d 184 (Tex. App. - San Antonio 2001, pet. denied)
In a case that redefined the standard of review applied by the San Antonio Court of Appeals in cases involving personal jurisdiction over foreign corporations obtained reversal of a trial court’s order denying a Swiss corporation’s special appearance in a wrongful termination suit alleging fraud and intentional infliction of emotional distress.
Defense of Healthcare Group Purchasing Organization for Anti-Kickback Violations
Representation of healthcare group purchasing organization in connection with civil and criminal investigation by the United States Attorney's Office in the Northern District of Texas and United States Department of Health and Human Services Office of Inspector General into alleged violations of Anti-Kickback statute.
Defense of Alta Colleges in False Claims Act Case Involving Incentive Compensation and For-Profit School Certification
Representation of Alta Colleges, a private, for-profit school, in a False Claims Act qui tam
action (N.D. Tex.) alleging violations of Title IV of the Higher Education Act by providing admission personnel prohibited incentive compensation and violations of Texas state regulations governing certification of schools.
United States ex rel. Poisson v. Red River Service Corp.
Representation of Red River Service Corp., a telecommunications company, in United States ex rel. Poisson v. Red River Service Corp.
(W.D. Okla.), a False Claims Act qui tam
case involving allegations of false claims for payment in connection with contracts to provide telecommunication services to Tinker Air Force Base. Obtained favorable summary judgment ruling.
United States ex rel. Price v. Diamond Plastics, Corp.
Representation of Diamond Plastics, a national manufacturer of PVC pipe, in United States ex rel. Price v. Diamond Plastics, Corp.
(N.D. Tex.), a False Claims Act qui tam
suit involving allegations that faulty products were used in government construction projects resulting in false claims for payment. Obtained dismissal of the action in district court and affirmance of the dismissal at the Fifth Circuit Court of Appeals.