What We've Done
Here is a sample of some of our recent work
Miller, et al. v. HFN, Inc., et al., 14-1337 (D.Mass.)(Gorton, J.)
We represented a group of former minority shareholders in a software company who alleged that they had been improperly deprived of the value of their shares when the company was sold. After a Magistrate Judge in the U.S. District Court issued a ruling dismissing the majority of our client's claims, we successfully objected to the District Court, succeeding in overturning the most significant parts of the Magistrate Judge's decision, and thereafter negotiated a settlement for our clients. https://drive.google.com/file/d/0B-9y18uRGWSub1lkeWY2SlpCSTA/view?usp=sharing
U.S. ex rel. Grenadyor v. Ukrainian Village Pharmacy, et al
After a Chicago pharmacist overheard a scheme to give kickbacks to customers, he was quickly fired after he pointed out the illegality of the scheme. In a case argued before Seventh Circuit Judge Richard Posner, Timothy Cornell persuaded the Court to revive the pharmacist's retaliation claims. Below is audio of the oral argument: http://media.ca7.uscourts.gov/sound/2014/rt.13-3383.13-3383_10_03_2014.mp3
Hays v. Ellrich, et al., SJC-11743 (Mass. 2015)
In a seminal case before the Massachusetts Supreme Judicial Court, Patrick Dolan persuaded the Massachusetts Supreme Judicial Court that a person who solicited an investor to purchase a security can be considered a "seller" for the purposes of the Massachusetts Uniform Securities Act if the sale would help his future success. The Court also agreed that the statute of limitations is not triggered when an unsophisticated investor represented by a Registered Investment Advisor reads a prospectus that discloses certain risks of an investment.
HayJo SA de C.V., Sami Hayek v. Sponge-Jet, Inc., 14-196 (D.N.H. 2015)
Representing the father of actress Salma Hayek and his company, HayJo, Timothy Cornell persuaded the U.S. District Court in New Hampshire to recognize that the implied covenant of good faith and fair dealing is part of the common law of New Hampshire. The Court also recognized, possibly for the first time, that a company can be held liable for aiding and abetting a breach of fiduciary duty. After defeating the defendant's motion for summary judgment, the case settled soon after. Here is the opinion:
United States ex rel. Garcia v. Novartis, 15-1470 (1st Cir. 2016)
In U.S. ex rel. Garcia v. Novartis, Cornell Dolan represented two whistleblowers who, as pharmaceutical representatives, witnessed Genentech and Novartis instructing sales reps to give kickbacks to doctors who presecribed Xolair.
On appeal, the First Circuit addressed an issue of first instance. The False Claims Act only works one lawsuit at a time. When a second lawsuit is filed, that lawsuit has to wait until the first lawsuit is disposed of. In this case, though, Relator Allison Kelly had filed her lawsuit, withdrew and then refiled her suit while the first suit still existed. The First Circuit decided that Kelly still had to wait for the first suit to get finished. But the First Circuit rescued the bulk of the Relators' claims, which were based on state Medicaid.
New York ex rel. Garcia et al. v. Novartis et al., 18-100099
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