Complex Commercial Disputes

Selendy & Gay’s complex commercial litigation practice, including significant contractual disputes, is the backbone of the firm. Blending our business savvy with our formidable courtroom skills, we have represented parties on all sides in litigations and arbitrations across the country. Our partners have been called on to defend bet-the-company matters threatening the existence of our clients’ businesses and have pursued massive plaintiff-side judgments to protect our clients’ interests. We have achieved superior results by first obtaining a firm grounding in our clients’ businesses, then using our legal and technical prowess to operate steps ahead of our opponents, seeing strategic opportunities that others do not. Our goal is always to achieve our clients’ ideal resolution in consideration of the potential exposure, possible publicity, and the significance of the dispute.

We have achieved favorable verdicts in an array of cases, including contract, fraud, unfair competition, antitrust, RICO, class actions, manufacturing, securities and structured financial instruments, corporate governance, trade secrets, energy, consumer products, pharmaceuticals, and insolvency related disputes, extracting multiple billions of dollars in value for our clients.

Our partners' representative engagements include:

  • McKinsey & Company, a worldwide management consulting firm, against claims by Jay Alix, founder of consulting firm AlixPartners, and Mar-Bow Partners, a company founded by Jay Alix, challenging McKinsey’s Chapter 11 disclosures under Rule 2014.
  • AOL, a web and online service provider, defending two separate putative class action lawsuits seeking statutory damages in excess of $650 million under the Electronic Communications Privacy Act relating to a data breach that was referred to at the time as the “Exxon Valdez” of data breaches.
  • Christofferson Robb & Co., a hedge fund sponsor, regarding the terms of a credit default swap issued by Deutsche Bank AG.
  • Cerberus Capital Management, a leading private equity firm, in a $950 million breach of contract action against the Canadian Imperial Bank of Commerce (CIBC), one of Canada’s largest banks. The dispute centers on two complex structured finance transactions backed by credit default swaps, CDOs, and RMBS. We argued a successful appeal in which the First Department agreed with Cerberus’s interpretation of the agreements and held that CIBC’s contrary interpretation was “unmoored” from the contracts. The case is now proceeding through discovery.
  • Altaba (formerly Yahoo Inc.), against BNY Mellon Trust in Delaware Chancery Court, obtaining dismissal at the pleading stage of a claim that our client owed $300 million under a $1.4 billion convertible note agreement after the sale of Yahoo’s operating business to Verizon.