Representation of the Warner Chilcott (now Actavis) group of pharmaceutical companies as defendants in multiparty litigation involving allegations under a novel "product hopping" liability theory that Warner Chilcott violated the Sherman Act and other statutes by marketing new products in lieu of older products. Mr. Crowe has been involved in all aspects of the case, including dispositive motions, fact and expert depositions and Daubert motions, among other things.
Representation of US investor asserting claims against the Republic of Guatemala before ICSID in 'TECO Guatemala Holdings LLC v. Republic of Guatemala (ICSID ARB/10/17)'. Mr. Crowe was involved in representing TECO from the notice of arbitration, through fact finding efforts, the preparation of written submissions and the oral hearing. During the hearing, Mr. Crowe conducted the examination of witnesses in Spanish. On December 19, 2013, the tribunal dispatched an award in TECO's favor.
Representation of Stolt-Nielsen S.A. in defense of securities class action brought in federal court in Connecticut. Mr. Crowe successfully moved to dismiss plaintiffs' consolidated amended class action complaint, (see' Menkes v. Stolt-Nielsen S.A., 2005 WL 3050970 (D. Conn. Nov. 10, 2005')), and obtained dismissal with prejudice of plaintiff's scheme liability claims. The case was subsequently settled.
Lead counsel representing telecommunications company Vertex Telecom, Inc. in a breach of contract and declaratory judgment action brought against XO Communications, Inc. in federal court in Alexandria, Virginia. Mr. Crowe successfully obtained a temporary restraining order and later a preliminary injunction that prohibited XO from terminating services to approximately two million customers of Vertex, pending litigation. In addition, Mr. Crowe defeated XO's motion to dismiss (see 'Vertex Telecom, Inc. v. XO Communications, Inc., 2006 WL 3746142 (E.D. Va. 2006')), and obtained dismissal with prejudice of certain XO counterclaims against Vertex.
Lead counsel defending Chinese glass manufacturer Xinyi Group Glass Co., Ltd. in third-party action before the US District Court for the Southern District of Illinois arising from multimillion dollar nationwide class action. Mr. Crowe successfully argued that the federal court lacked personal jurisdiction over Xinyi and secured dismissal of the third-party complaint. 'See Martha Stewart Living Omnimedia, Inc., et al. v. Xinyi Group Glass Co., Ltd., Civil No. 05-520-GPM, 2008 WL 3992687 (S.D. Ill. Aug. 22, 2008)'.
Representation of complainant Panasonic Corporation before the International Trade Commission in Certain Large Scale Integrated Circuit and Semiconductor Chips and Products Containing Same (Inv. No. 337-TA-716), a dispute regarding patents covering semiconductor chips. Mr. Crowe played a leading role at every stage of the litigation.
