Commercial Litigation

Facebook, ongoing
We serve as Facebook's sole outside counsel, responsible for handling all of its international (i.e., non-US-based) litigation needs, including matters implicating international data protection, privacy, defamation, hosting provider liability, intellectual property and censorship laws. Relying on the power of our global network, we have handled lawsuits for Facebook in more than 150 countries, spanning six continents. We not only successfully defend our clients in global litigation, but we also proactively persuade and educate courts, plaintiffs and government authorities on novel issues and new areas of law in order to create a more favorable legal environment for our clients.

Pilot Flying J, ongoing
We represent Pilot Travel Centers LLC, d/b/a Pilot Flying J, the largest over-the-road diesel provider in the US, as national coordinating counsel in more than 20 putative class actions alleging Pilot Flying J withheld rebates or discounts owed to customers based on purchases of diesel fuel. We successfully obtained approval of a nationwide settlement that resolved all the putative class actions. We were also successful in obtaining an order from the Joint Panel on Multidistrict Litigation that consolidated and transferred all of the remaining opt-out federal cases to a single court in the Eastern District of Kentucky. We have now resolved all but two lawsuits, one of which is pending in Ohio state court and one which is pending in Alabama federal court.

Nestlé Purina and Nestlé USA, ongoing
We represent Nestlé Purina PetCare Company (Purina) and Nestlé USA, Inc. (Nestlé), in the defense of separate but related putative class actions. Plaintiffs in each case claimed violations of consumer protection laws arising out of the alleged use of forced and/or child labor in each of the manufacturers' supply chains. The Central District of California and the Northern District of California respectively granted each of our motions to dismiss with prejudice, one of which was the first motion to dismiss decided in a string of related cases filed against the nation's leading food and pet food manufacturers. We are representing both manufacturers in their individual Ninth Circuit appeals.

A leading global financial institution, ongoing
We are advising a leading global financial institution in investigations by the European Commission, the US Department of Justice, the US CFTC, the UK FCA and the Monetary Authority of Singapore (MAS) on the setting of LIBOR, EURIBOR and SIBOR. A multi-office team has been advising the bank in these cross-border investigations, coordinating action and the bank's responses to the various regulatory authorities involved. Our work also covers advice and assistance during and following a dawn raid by the European Commission.

Major Korean bank, ongoing
We represent a major Korean bank as plaintiff in US litigation stemming from one of the largest cases of fraud in Korea's history. At least ten Korean banks, including our client, allege that they were defrauded in the aggregate of hundreds of millions of dollars based on US$3 billion in trade credit loans made to a once-prominent Korean manufacturer of computers and home appliances. Our client suffered millions of dollars in losses as a result of the distributor's elaborate scheme of circular transactions, in which it participated with a third-party electronics manufacturer.

Çukurova, ongoing
We represent Çukurova, the well-known Turkish conglomerate, in a long-running dispute with Russia's Alfa Group concerning the ownership of a controlling shareholding in Turkcell İletişim A.S., Turkey's largest mobile phone company. Following six years of litigation, two trials and numerous hearings at all appellate levels, in January 2013, a Privy Council ruling confirmed that Çukurova was entitled to redeem its shares (Alfa's security for its original loan). A further hearing in March 2013 on liability for interest resulted in Çukurova paying US$1.5 billion, less than half the amount ATT claimed was payable, in order to reclaim its controlling interest in Turkcell. Our seven-year campaign of litigation resulted in Çukurova successfully redeeming the shares in July 2014. Despite this conclusion being reached, we continue to work on numerous other aspects of this case for Çukurova, including representation in relation to its ongoing disputes with Alfa and the enforcement of a US$1 billion arbitration award against Çukurova in the British Virgin Islands.

Major French bank, ongoing
We are assisting a major French bank faced with criminal and civil charges of commercial malpractice (duty of information, duty to warn, duty of advice, unfair term, legality of escalator clause) in the context of a class action brought by consumer associations and hundreds of individuals, relating to a portfolio of real estate loans which were granted to individuals in a foreign currency. Proceedings are under criminal investigations and are pending before the civil and commercial courts. We are also providing legal advice on regulatory issues connected with the charges.

Toshiba Corporation, 2016
We represented Toshiba Corporation as a defendant in a securities class action brought in the US District Court for the Central District of California. Plaintiffs were (i) US purchasers of unsponsored American Depositary Receipts (ADRs) (referencing Toshiba common stock) bought on a US over-the-counter securities market; (ii) purchasers of Toshiba common stock made available by third parties in the US over-the-counter securities markets; and (iii) the same ADR purchasers, as well as US purchasers of Toshiba common stock bought on the Tokyo Stock Exchange. Plaintiffs brought their claims under the US Exchange Act and Japan's Financial Instruments and Exchange Act. White & Case succeeded in having the case dismissed with prejudice.

GroupMe Inc., 2015
We represented GroupMe in a putative nationwide class action alleging GroupMe used equipment referred to as an autodialer to send the plaintiff and the putative class unsolicited spam text messages. Plaintiff asserted one claim for violation of the Telephone Consumer Protection Act. The court granted GroupMe's motion for summary judgment, finding that the plaintiff lacked evidence to establish GroupMe's technology could perform the functionalities of an autodialer. This ruling is one of few cases in which a district court has considered the capabilities of text messaging technology and found the technology does not constitute an autodialer. The opinion is frequently cited.

LightSquared LP, 2015
We represented the Ad Hoc Secured Group of LightSquared LP lenders (the Group) in virtually all litigation since May 2012, including the bankruptcy proceedings of LightSquared Inc. and certain of its subsidiaries. In December 2014, the then members of the Ad Hoc Secured Group, who earlier had been expected to receive a below-par recovery, received recovery at par plus substantially all accrued interest and premiums. We continued to represent the new members of the Ad Hoc Group who had purchased the claims of the prior members, and in April 2015 assisted in obtaining confirmation of a plan of reorganization for the company that provided the Ad Hoc Secured Group members a full recovery and a significant stake in the upside of the company's valuable wireless spectrum licenses. Also in connection with the LightSquared chapter 11 Cases, former Ad Hoc Secured Group members, Capital Research and Cyrus Capital, engaged the Firm to represent them in leading a DIP facility of more than US$650 million to bridge LightSquared through the projected consummation of its new plan of reorganization. In December 2015, in connection with the consummation of LightSquared's plan, the DIP facility was repaid in full.