Meredith Nelson handles a broad range of complex litigation matters in federal and state courts, including representing plaintiffs and defendants in contract and earnout disputes, bankruptcy-related disputes, and industry-specific matters in the healthcare, financial services, and insurance sectors.
Prior to joining Selendy Gay, Meredith served as a law clerk to the Honorable Gregory H. Woods for the U.S. District Court for the Southern District of New York. She earned her J.D. from New York University School of Law, where she was an Executive Editor of the New York University Law Review.
Meredith’s representations include:
- Fortis Advisors: Represented the former shareholders of Auris Health, a revolutionary robotic surgery startup, in a merger earnout dispute with its acquiror, Johnson & Johnson. The former shareholders alleged that J&J breached the merger agreement and defrauded the shareholders, resulting in its failure to achieve certain earnout milestones. After four years of litigation—including approximately 70 depositions, nine experts, and a 10-day trial in the Delaware Court of Chancery—Selendy Gay obtained the largest earnout-related damages award in the history of Delaware. The team successfully defended the victory on appeal in the Delaware Supreme Court, upholding the trial court’s contract and fraud holdings and securing a final $811 million damages award against J&J.
- Albertsons, in a merger dispute against Kroger in the Delaware Court of Chancery, alleging that Kroger materially breached the merger agreement by failing to undertake efforts required under the specific terms of the agreement to secure regulatory approval and, additionally, by failing to pay the termination fee. Albertsons seeks damages in excess of $6 billion.
- SaveOnSP, in a lawsuit brought by Johnson & Johnson Health Care Systems Inc. for tortious interference with contract and deceptive trade practices. This lawsuit will have an industry-wide impact on the ability of commercial health plans to set plan terms that counteract the deleterious effects of drug manufacturers’ copay assistance programs.
- SaveOn SP, in defending against a putative class action claiming hundreds of millions in damages for alleged violations of RICO and ERISA.
- Bayer, in a complaint against Johnson & Johnson arising from J&J’s decision to terminate in-person detailing for anticoagulant drug Xarelto. Bayer alleges that J&J breached the parties’ licensing agreement under which Bayer granted J&J an exclusive license to sell Xarelto in the United States in exchange for J&J’s commitment to use commercially reasonable efforts to market the product, including detailing.
- UMB Bank as Trustee for holders of Celgene contingent value rights, seeking nearly $7 billion in damages arising from Bristol Myers Squibb’s failure to timely secure regulatory approval of the cancer therapies associated with the CVR payout.
- KRyS Global, a British Virgin Islands-based foreign representative 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 approximately $6 billion in redemption payments from hundreds of entities arising out of the Madoff scheme.
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