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Other BSF Cases of Interest

Winter 2010

Carnival Cruise Line
Thanks to BSF attorneys, longtime cruise ship client Carnival prevailed in two matters in the second half of 2009. First, Carnival won a full summary judgment in a contract dispute with U.S. Bank over credit card rebates. When Carnival replaced U.S. Bank as its corporate credit card provider in December 2008, Carnival was told to take its time in transitioning to a new program. Six months later, the company learned that U.S. Bank was happy for a slow transition because it didn't plan to pay Carnival any rebates on the hundreds of millions of dollars Carnival charged on its corporate credit cards. The judge awarded Carnival a full multi-million dollar recovery. In the second matter, Carnival defeated a preliminary injunction sought by SeaMiles to prevent Carnival (and Barclays) to proceed without SeaMiles in a co-branded credit card program. BSF's Carnival representation is led by partner Stuart Singer. Partner William Dzurilla and associate Markenzy LaPointe worked on the U.S. Bank case, while Singer and partner Carlos Sires, assisted by associate Anthony Arsali, handled the SeaMiles preliminary injunction matter.

Delta Air Lines
After Delta Air Lines hired away American Airlines' director of New York sales, Charles Imhof, it faced a suit from American claiming that Imhof had downloaded confidential American documents before leaving American and possessed trade secrets he would inevitably disclose to Delta. BSF lawyers won denial of a preliminary injunction motion. Judge Lewis Kaplan of the SDNY found that the confidential documents had not been disclosed and that American had failed to show that Imhof knew protectable information that he would inevitably use or disclose. The BSF team was led by partner Harlan Levy, assisted by partner Helen Maher, counsel Olav Haazen, and associates Cristina Ryan, Jack Wilson, and Kelly Hoffman.

In October 2009, federal authorities charged one of the largest ever alleged insider trading schemes when it arrested Raj Rajaratnam, the founder and general managing partner of the Galleon Group. Within days, Galleon retained BSF to act as "pool counsel" to provide individual representation for current and former Galleon executives and employees who had not been charged but wanted to confer with and, as necessary, be represented by counsel in connection with the ongoing criminal and civil investigations being conducted by the Department of Justice and the Securities & Exchange Commission. Firm partners Alan Vickery and Harlan Levy and counsel David Nelson are managing the representation. They are assisted by associates Lauren Fleischer, Michael Merley and Bridget Brown.

John Hancock Financial Services
On behalf of John Hancock Financial Services and its Life Insurance subsidiaries, BSF has been active in combating fraudulent investor-driven life insurance schemes.  In a recent case of first impression under Florida law, the Firm prevailed in establishing that the expiration of the statutorily mandated two-year contestability period did not bar John Hancock's suit to void a $20 million policy on the life of an elderly Florida resident.  Third-party investors who lacked any insurable interest had financed the premiums on the policy from the outset and had arranged an apparently legitimate life insurance trust for the insured to disguise their ownership stake.  The policy was void ab initio under Florida law because the investors had no interest in the continued life of the insured but stood to benefit from her early demise. The BSF team is led by partners Alan Vickery and Motty Shulman, and includes associates Andy Soh, Bridget Brown and John LaSalle.

Related Lawyers: Stuart H. Singer, William T. Dzurilla, Markenzy Lapointe, Carlos M. Sires, Helen M. Maher, , , Jack Wilson, , Alan B. Vickery, David Nelson, Lauren Louis, Michael M. Merley, , Motty Shulman, , John F. LaSalle

Related Practices: Litigation, White Collar Defense