Consumer Products

• Kelley Drye was retained by Polo Ralph Lauren (Polo) to replace Polo's existing counsel during its appeal of the lower court's decision that Polo improperly terminated a license it granted to Jones Apparel Group, Inc. (Jones) for the "Lauren" apparel line. Jones sought $550 million in damages. We successfully argued to the Appellate Division that its decision affirming the lower court's ruling should be certified to the Court of Appeals. After full briefing of the issues before the Court of the Appeals, the case settled favorably for our client, Polo.
• Represented Foot Locker, Inc. in an action commenced by its competitor, The Finish Line, in Federal Court in Indiana. Kelley Drye obtained a significant victory for our client in a case that alleged causes of action for tortious interference, unfair competition and theft of trade secrets. The Court granted Kelley Drye's motion for summary judgment on behalf of our client, Foot Locker, and dismissed the case in its entirety.
• Represented Bacardi & Company Limited and Bacardi-Martini U.S.A., Inc. at trial against claims brought by a joint venture owned by the Castro regime and the French liquor giant, Pernod-Ricard, S.A. In a highly publicized decision, the Court cancelled the joint venture's federal registration of the HAVANA CLUB mark and dismissed all of plaintiffs' unfair competition claims. That decision was affirmed by the Second Circuit on appeal and a petition for certiorari was denied by the U.S. Supreme Court.
• Represented Bacardi & Company in a trial before the United States District Court for the Southern District of New York defending against allegations of trademark infringement. We obtained judgment for Bacardi on all issues.
• Represented the U.S. distributor of a French fragrance in an anti-counterfeiting case. We devised a strategy that led to the seizures of hundreds of thousands of dollars of bogus merchandise which led to a civil RICO and trademark counterfeiting suit in Miami against the foreign manufacturer of the counterfeit goods and its alleged U.S. confederates. Kelley Drye successfully obtained substantial monetary damages on behalf of our client and permanent injunctions were entered against more than a dozen defendants.
• Represented Arch Personal Care Products (Arch PCP) in obtaining a $7 million award for our client in litigation against the former president and co-owner of Brooks Industries. A jury in the U.S. District Court in New Jersey found that the defendant had breached his non-compete obligations to Arch PCP through his participation in the business activities of another company he formed. The jury found that the defendant was guilty of trademark infringement under the Lanham Act and the federal Computer Fraud and Abuse Act, and had violated New Jersey's Fraudulent Transfer Act.
• Represented Brunswick Corporation as National Coordinating Counsel with respect to claims and lawsuits asserted in connection with the company's former bicycle division. We coordinate the defense effort in cases filed in numerous jurisdictions and claims submitted to the Consumer Product Safety Commission by individuals throughout the United States.
• Represented Life Fitness, the premier worldwide manufacturer of fitness equipment, as National Coordinating Counsel with respect to lawsuits asserted in connection with the company's product lines ranging from Hammer Strength® weightlifting equipment to Life Cycle® stationary bikes to Life Fitness® treadmills.

Financial Services

• Represented JPMorgan Chase on behalf of Mahonia Limited and Mahonia Natural Gas Limited in a $1.2 billion litigation against a group of insurance companies. The defendants had issued surety bonds to Mahonia to guarantee delivery of natural gas under various pre-paid forward contracts Enron had entered into with our client which had not been paid. Kelley Drye obtained a very favorable settlement for our client, immediately before jury deliberations.
• Represented JPMorgan Chase (JPMC) in defense of claims that the bank had breached its duties as indenture trustee on notes issued by a subsidiary of bankrupt telecommunications company, Global Crossing. The plaintiff-noteholders sued JPMC for more than $200 million plus punitive damages of four times that amount. Following a month-long jury trial in state court in Houston, Kelley Drye negotiated a favorable settlement on behalf of our client.
• Represented JPMorgan Chase in an appeal before the U.S. Supreme Court on cutting edge issues of international jurisdiction. In a unanimous decision, the Court adopted the arguments set forth by Kelley Drye, ruling that companies incorporated in the British Virgin Islands and other U.K. overseas territories can resolve disputes with American firms in U.S. federal courts. This opinion has broad impact on thousands of corporations incorporated in those territories, and on the stability of commercial dealings between those corporations and American companies.
• Represented JP Morgan Chase (JPMC) in a North Carolina Supreme Court appeal to reinforce that tobacco companies will have to pay over $300 million to tobacco growers in 14 states as part of a previous settlement. JPMC was appointed as the trustee to collect the payments and distribute them to tobacco growers in all 14 states. When the tobacco companies demanded a refund in November 2004, JPMC brought suit to enforce the trust agreement.
• Represented JPMorgan Chase (JPMC) in a $20 million lawsuit brought against our client. The suit was brought in U.S. District Court of the Southern District of New York by bondholders of a complex collateralized debt obligation transaction. Kelley Drye defended our client against breach of contract, breach of fiduciary duty and negligence claims arising out of JPMC's role as indenture trustee on the deal. The Court granted JPMC's summary judgment motion. The plaintiff waived its right to appeal and the Court entered a final order of dismissal.
• Kelley Drye represented JPMorgan Securities, Inc. (JPMSI) in an NASD arbitration. The claims arose out of losses the claimant suffered which amounted to over $130 million during the time he was a JPMSI customer. The case was resolved on confidential terms just prior to the commencement of the arbitration.
• Kelley Drye achieved a dismissal of all claims against our client, The Manufacturers Life Insurance Company (U.S.A.) ("Manulife"), now known as John Hancock Life Insurance Company (U.S.A.), in a case originally brought by individuals asserting that Manulife made misrepresentations about the premiums required to keep high value life insurance policies in force. The Kelley Drye team secured dismissal of the entire case on a motion to dismiss. The matter is currently pending appeal.
• Kelley Drye represented our long-time client, the Pension Benefit Guaranty Corporation ("PBGC"), in negotiating a favorable settlement of PBGC's claims arising from the termination of the Delta Pilots Retirement Plan which paved the way for Delta to complete and file a plan of reorganization. Kelley Drye has is also currently working with PBGC in the Chapter 11 proceedings of Delphi Corporation.
• Represented Shinhan Bank, Korea's second largest financial institution, in obtaining dismissal of two lawsuits, affirmed by the Second Circuit Court of Appeals, alleging RICO, securities fraud and common law fraud claims. Plaintiffs claimed losses of more than $600 million alleging that various Korean Banks including Shinhan disseminated false financial statements for a company in which they held shares. Kelley Drye successfully moved to dismiss the claims on behalf of Shinhan Bank.
• Kelley Drye represented Wells Fargo Bank N.A. in an adversary proceeding filed by the Trustee appointed in subprime lender American Business Financial Services' (ABFS) bankruptcy proceeding. The Trustee claimed that Wells Fargo, both as Indenture Trustee and individually, had, among other things, committed fraud and breached certain contracts in connection with the "Interest Only" residual interests of several mortgage securitizations done by ABFS. The Court granted Wells Fargo's motion to dismiss as to certain claims and, after extensive discovery, Kelley Drye negotiated a favorable settlement resolving the remaining claims.
• Kelley Drye represents Wells Fargo Bank, N.A., as Indenture Trustee and Property Trustee for two series of Notes and Trust Preferred Securities, in the Chapter 11 proceedings of New Century Financial Corporation, pending in the District of Delaware. In that capacity, Wells Fargo is the Co-Chair of the Official Creditors Committee appointed by the U.S. Trustee. As Co-Chair, Wells Fargo and Kelley Drye have been actively involved in addressing and resolving all of the many complicated issues resulting from the melt-down of a major subprime lender.
• Represented State Street Bank and Trust Company ("State Street") in an action arising out of the financial collapse of one of its former borrowers, Sharp International. State Street was sued by Sharp's Bankruptcy Trustee, who claimed that State Street discovered fraudulent activity conducted by Sharp's owners and aided and abetted the fraud by failing to disclose its alleged knowledge. Kelley Drye's litigation team successfully demonstrated that State Street had no affirmative obligation under New York law to inform Sharp's existing or prospective creditors about its alleged discovery and that the company had a fiduciary duty to use that information to protect its shareholders, if it legally could. The Second Circuit affirmed the dismissal of Sharp's complaint by the U.S. District Court for the Eastern District of New York.
• Represented State Street Bank and Trust Company ("State Street") in a major victory in a long-running litigation relating to defaulted notes issued by one of the largest funeral home companies in North America. State Street was sued by investment and distressed debt funds for alleged breaches of contract and tort duties and violations of the Trust Indenture Act. The First Department dismissed the plaintiff note holders' complaint against State Street that sought damages, interest and costs totaling more than $90 million.
• Represented ICICI Bank (ICICI), an India-based bank, in a matter involving a letter of credit dispute with a Japanese corporation. Kelley Drye obtained a significant victory in the N.Y. Supreme Court, Appellate Division, in favor of our client. The successful appeal clarified an important tenet of law involving forum non conveniens analysis and overturned the New York Supreme Court’s decision, which had denied ICICI's motion to dismiss on those grounds.
• Kelley Drye successfully defended our client, CreditTrade Securities Corporation and Prebon Financial Products, Inc. in a contested NASD arbitration commenced by Merrill Lynch Pierce Fenner and Smith Incorporated. CreditTrade, a credit derivatives broker that had brokered corporate bonds for dealer clients through Prebon, faced claims that the CreditTrade/Prebon corporate bond desk failed to deliver bonds to Merrill Lynch. Respondents moved to dismiss Merrill's claim and the panel unanimously granted the motion, effectively ending this action.
• Represented Westmark, a large commercial lender, in an appeal regarding a contested mortgage foreclosure action. Kelley Drye achieved a groundbreaking result for our client. The court ruled that a contract provision requiring a prepayment premium upon acceleration is valid, the N.Y. Appellate Division rejected the borrowers' arguments, overruling prior law.

Media, Entertainment and Publishing

• Represented Imax Corporation ("Imax") in achieving a summary judgment, dismissing before trial all the claims of Muvico Entertainment LLC ("Muvico"), a major commercial theater operator throughout the southeast United States. Muvico claimed that it was wrongly induced to enter into a lease for Imax film systems.
• Kelley Drye represented The Reader's Digest Association, Inc. (or RDA) and its wholly-owned subsidiary, Books Are Fun, Ltd. (or BAF) in several actions concerning RDA's acquisition of BAF. Kelley Drye brought claims in other courts alleging claims for tortious interference, breach of contract and theft of trade secrets. We resolved all the cases on confidential terms just prior to trial.
• Represented India Today, a large publishing company, in a copyright infringement case. We won a landmark case in the Southern District of New York in which the publisher's Indian copyright was enforced under the Berne Convention and the bootleg U.S. importers were permanently shut down.

Industrial, Manufacturing & Services

• Represented Hercules Incorporated since 1979 in the precedent-setting Agent Orange litigation, which involved alleged injuries from exposure to a defoliant used by the U.S. military in the Vietnam war. In the most recent cases, Hercules and other manufacturers of Agent Orange won two significant victories in the United States Court of Appeals for the Second Circuit. First, the Court affirmed summary judgment in favor of the manufacturers, dismissing U.S. veterans' claims, based on the government contractor defense. Second, the Court affirmed dismissal, for failure to state a claim, of an action brought by Vietnamese citizens under the Alien Tort Statute, alleging that the use of Agent Orange was a war crime.
• Kelley Drye represents BP Products North America as a co-defendant in 17 New York State Supreme Court cases and one Federal Court class action brought against ExxonMobil and BP by residents of Greenpoint, Brooklyn alleging that their properties were impacted from millions of gallons of spills from a former Mobil refinery which operated until 1964. BP purchased a ten acre parcel of the former Mobil refinery in 1968 and has used the property as a fuel terminal. The plaintiffs claim personal injuries and property damage due to the migration of oil from the former Mobil refinery and due to vapor intrusion. BP has been conducting remedial operations since 1981. The case is ongoing.
• Represented BP Energy Company in an adversary proceeding brought by Bethlehem Steel Corporation in the SDNY. Kelley Drye won summary judgment on behalf of our client. The case involved a contract dispute over a long-term gas purchase.
• Represented Honeywell International Inc. in successfully defending against an action brought in the Circuit Court of Cook County, Illinois, by former and current hospital employees whose cases were consolidated for trial. The employees claimed they had been exposed to a toxic chemical, ethylene oxide, the active ingredient in a gas mixture used to sterilize heat sensitive medical instruments. The complaint alleged negligence, product liability and conspiracy, all related to plaintiffs' allegations of various neurological injuries from exposure to this gas.
• Kelley Drye client Union Carbide Corporation ("UCC"), now wholly owned by The Dow Chemical Company, won summary judgment dismissing the plaintiffs' remaining cause of action in long-pending litigation. The plaintiffs were seeking to pierce the corporate veil of UCC's former subsidiary, Union Carbide India Limited ("UCIL"), to hold UCC liable for injuries allegedly caused by ground water pollution from UCIL's pesticide plant in Bhopal, India. The SDNY held that the subsidiary was and remains a financially viable entity. In a related case, the United States Court of Appeals for the Second Circuit dismissed claims for environmental remediation of the former UCIL plant site in Bhopal. Claims in that case for alleged violations of international law brought under the Alien Tort Statute were previously dismissed.
• Represented Union Carbide Corporation ("UCC"), now wholly owned by The Dow Chemical Company, in all aspects of Union Carbide's defense of the Bhopal gas disaster litigation including consolidating 147 multi-billion dollar U.S. class actions suits brought in the U.S. on behalf of over 500,000 claimants; dismissal of all of those suits to India; defending and ultimately settling all the civil litigation in India; and conducting an extensive multi-year investigation in a hostile environment which ultimately determined the cause of the disaster.
• Represented Union Carbide Corporation ("UCC"), now wholly owned by The Dow Chemical Company, in landmark mass tort litigation arising from alleged chemical exposure in the semiconductor industry workplace. In those cases, roughly 200 plaintiffs alleged various injuries, including birth defects and different types of cancers, allegedly caused by exposure to a wide variety of industrial chemicals in the workplace, including ethylene glycol ethers, acetone, benzene, n-butyl acetate and other chemicals.
• Represented a small marketing firm in a lawsuit against GM for breach of contract and unfair competition arising out of GM's use of the client's program in connection with the GM MasterCard program. Kelley Drye won a jury verdict with interest of $34 million after a six week trial, and the verdict was upheld on appeal.
• Represented Okaya & Co., Ltd., a Japanese-based trading company, in obtaining a defense verdict in four-month trial in Alaska against antitrust claims valued at over $1 billion. The suit alleged that prices of Bristol Bay salmon were artificially depressed over a six-year period as a result of conspiracy between Alaska processing companies and Japanese importing companies. Kelley Drye's argument that the market for salmon was depressed during the time when the alleged conspiracy took place proved successful before the jury.
• Represented Hochtief AG and its subsidiaries, Turner Corporation and its affiliate Kitchell Corporation, a large German construction conglomerate in the case of Deutsch v. Turner. The U.S. Supreme Court confirmed a victory secured by Kelley Drye when it denied certiorari of the case. In the Ninth Circuit Court of Appeals, after removing the California state action against our client and its affiliates to federal district court, Kelley Drye prevailed on its motion to dismiss the plaintiffs' claims with prejudice. Kelley Drye then convinced the Court of Appeals that the California statute granting plaintiffs a right of action impermissibly infringed upon the federal government's exclusive power over foreign affairs.
• Represent Millennium, the alleged successor to Glidden Paints' liability for property damage and bodily injury attributable to lead paint and lead pigment, in a comprehensive action in Ohio state court seeking insurance coverage from 34 liability insurers for the liabilities, which have been estimated to be in the billions. During the summer of 2007, we engaged in a hotly-litigated forum battle between New York and Ohio, which resulted in favorable rulings from trial courts in both states and the New York Appellate Division.
• Kelley Drye serves as insurance counsel to Dana Corporation with respect to all insurance issues arising in connection with the company's bankruptcy proceeding, including presentation of insurance issues at the confirmation hearing, resolution of insurance disputes concerning its bankruptcy, and treatment of the insurance program under the plan of reorganization. In addition, we are prosecuting several ADR proceedings to resolve insurance coverage disputes with insurers regarding asbestos-related claims.
• Kelley Drye served as special insurance counsel to the legal representative for future asbestos bodily-injury claimants in the bankruptcy court proceeding of Combustion Engineering, Inc. and in related adversary proceedings pursuing Combustion Engineering's insurance coverage. Serving as lead trial counsel to the Combustion Engineering 524(g) Asbestos PI Trust, we successfully pursued approximately $100 million in insurance coverage in Delaware state court, during which time additional settlements were reached.
• Represented Extra Equipamentos Exportacao Ltda. (Extra), a major Brazilian farm equipment dealer, in a matter involving allegations that Extra had been misled by Case Corporation in connection with a settlement agreement with Case's wholly-owned subsidiary, Case Brasil. Rendering new law and overturning a lower court's dismissal, Kelley Drye obtained a key victory in the Seventh Circuit in favor of our client.
• Represented National Fertilizers Limited ("NFL"), which is owned by the Indian government, in a fraud case. Our client was defrauded when it entered into a contract to purchase $38 million of urea fertilizer from a Turkish company. Kelley Drye, aided by an investigation conducted by the Indian Central Bureau of Investigation and the U.S. Attorney's Office, proved the fraud and won a $2.4 million verdict in a federal jury trial in Newark.
• Represented a large, Hamburg-based shipping company and obtained and enforced a $6 million judgment against the Government of Romania. The claim arose out of a French arbitration award against a Romanian company based on a shipbuilding contract and Romania had, for years, utilized many means to avoid paying the award.
• Kelley Drye won summary judgment on behalf of the New York Transit Authority in the New York Supreme Court, Kings County, dismissing an action brought by homeowners who claimed that a gas plume had lowered the property values on their residences. Kelley Drye successfully argued that the homeowners were unable to prove their property value had decreased and the Court dismissed the case.
• Represented Pactiv Corporation ("Pactiv") in achieving a summary judgment in a patent infringement case in the U.S. District Court for the Western District of New York. Tekni-Plex, a direct competitor of Pactiv, sought damages in excess of $10 million and a permanent injunction barring Pactiv from operating its packaging equipment.

Pharmaceutical and Healthcare

• Kelley Drye has been representing Mylan Inc., Merck KGaA and Dey L.P. for several years in a number of lawsuits filed by Attorneys General from 23 states and the United States challenging the pricing practices of major pharmaceutical companies. On behalf of our clients, we have succeeded in negotiating favorable settlements with eleven states.
• Kelley Drye successfully achieved a dismissal of a class action lawsuit filed in the United States District Court for the District of New Jersey against its client, Laboratory Corporation of America ("LabCorp"). The suit was filed by current and former licensed heath care professionals, seeking to represent a putative nationwide class, who alleged that they were disciplined by their respective licensing boards as a result of testing performed by LabCorp and other testing laboratories. Plaintiffs alleged that, because of their history of drug or alcohol abuse, they were required by their respective state licensing boards to abstain from consuming alcoholic beverages and to submit to substance testing. Plaintiffs alleged claims of negligence, consumer fraud and common law fraud against LabCorp and its co-defendants.
• Kelley Drye defended CIBA Vision against claims by plaintiff TransCanada, Inc., a manufacturer of contact lenses, that CIBA Vision was in breach of contract and committed fraud in connection with a technology license dating back to 1986, seeking damages of up to $75 million. The Supreme Court granted summary judgment dismissing all claims.
• Kelley Drye represented CIBA Vision Corporation ("CV") in a matter brought by Medennium, Inc. seeking over $15 million in damages alleging fraud and breach of contract. After seven days of hearing, an American Arbitration Association panel ruled in favor of our client. CV was also awarded damages on its sole counterclaim and was named the uncontroverted prevailing party for purposes of requesting reimbursement of substantial costs and attorneys' fees.
• Kelley Drye obtained a significant win for Novartis Consumer Health and its employee, Walter Lehneis, in a case brought by Pfizer, Inc. Pfizer sought to prevent Novartis from hiring and employing Lehneis, a former employee of Pfizer, on the theory that he would inevitably disclose and misappropriate trade secrets. Kelley Drye defeated Pfizer's attempt to obtain a Temporary Restraining Order after full briefing and oral argument. New Jersey State Superior Court denied Pfizer's motion for a Preliminary Injunction.
• Kelley Drye represented Sandoz Inc. in an arbitration brought by Quality King Healthcare, Inc. (QK), a pharmaceutical wholesaler/distributor. QK sought reimbursement for its return of products to Sandoz but purchased from another wholesaler. Sandoz refused the reimbursement based on its contracts and its published Returns Policy. After a full hearing, the sole Arbitrator rendered a decision in favor of Sandoz, rejecting all of QK's claims, upholding Sandoz's contract language and policy, and awarding Sandoz's attorneys fees and costs.
• Represented Medjet Inc. and two individual defendants in an action brought against them by a state university claiming that it had ownership rights to a patent owned by our clients. Kelley Drye prevailed on a motion for summary judgment in the U.S. District Court for the District of New Jersey on behalf of Medjet Inc. The District Court issued an opinion which quoted extensively from Kelley Drye's oral argument.

Real Estate Litigation

• Represented Pitney Bowes in successfully defending our client against a lawsuit for commissions allegedly due for consulting services rendered in connection with the sale and leaseback of a Connecticut property. The Second Circuit affirmed a decision issued by the U.S. District Court for the Southern District of New York, which had granted summary judgment for the defendants on the grounds that a fee-splitting agreement between the Union Bank of Switzerland Lease Finance LLC (UBS) and the plaintiff was illegal under the New York Real Estate Law.
• Represented 18 Chapel Avenue LLC, a landlord, in a case against Rathe Fabrication, Inc. and Rathe Productions Incorporated (the Corporate Defendants) involving breaches of a lease and guaranty. After a bench trial, Kelley Drye obtained a multimillion dollar judgment on behalf of a commercial landlord in a "piercing the corporate veil" matter. Kelley Drye successfully obtained a judgment granting the relief sought in its entirety on behalf of the client.

Technology and Telecommunications

• Kelley Drye represented Advanced Interactive Sciences ("AIS") in winning the dismissal of a lawsuit brought by a former executive of the company. The former executive claimed that AIS terminated him without cause and that, as a result, AIS owed him monetary compensation, including future commissions. Kelley Drye argued that the former executive would never have been hired given facts discovered concerning his background after his termination and after he brought his lawsuit, which included a $1 million federal fraud judgment outstanding in Alabama, which Kelley Drye uncovered.
• Represented Pal-Tech in successfully securing summary judgment on False Claims Act claims brought against our client, which provided personnel support services to the U.S. government. A former employee of PaL-Tech, Inc. had claimed that the company committed procurement fraud by providing services that United States Agency for International Development officials had specifically requested.
• Kelley Drye is representing the U.S. subsidiaries of one of the largest Indian companies, Tata, in a putative class action lawsuit pending in the U.S. District Court in San Francisco alleging claims on behalf of all employees of Tata who were deputed here based on, among other things, the way their tax refunds were processed by the company. It seeks unspecified damages. To date no class has been certified and motions to dismiss are pending.
• Kelley Drye represented Tata Sons Ltd. in a successful action against domain name registrant Rajeev Kumar under the Anti-cyber-squatting Consumer Protection Act, one of several cyber-squatting trademark victories for Kelley Drye.
• Represented Telos Corporation and its subsidiary, Xacta Corporation, in a highly-publicized intellectual property case brought by Xacta's competitor, SecureInfo Corporation. The firm successfully obtained dismissal of 10 of the 13 claims asserted by SecureInfo against Telos. Following the successful motion to dismiss, Kelley Drye filed an opposition to SecureInfo's motion for preliminary injunction on behalf of Telos.
• Represented Lucent Technologies International Inc. in a complex international arbitration in which the claimant sought damages in excess of $42 million arising out of agreements in Brazil. Because Brazilian law governed the dispute, the Kelley Drye team worked closely with Brazilian counsel and an expert in Brazilian commercial law. The panel found for Lucent on its counterclaims and granted the petitioner only a small fraction of its alleged damages. After an attempt to obtain a rehearing was rebuffed, the matter concluded with a settlement on terms highly favorable to Lucent.
• Represented Lucent Technologies Inc. in successfully defeating a $92 million claim. The U.S. District Court in New Jersey ruled that, under governing Saudi law, a subcontractor could not recover against Lucent for the value of one of its business units engaged in telecommunications construction projects, which was allegedly harmed by Lucent's termination of a contract.
• Represented Affinity Network Inc. in confirming that the Federal Communications Act continues to govern claims by consumers regarding the rates and terms of service offered by interstate long distance carriers Kelley Drye obtained a significant victory for Affinity Network Inc. when the United States Court of Appeals for the Seventh Circuit upheld a district court decision dismissing state law claims against Affinity.
• Kelley Drye represented Global Crossing Telecommunications Inc. against SBC Communications (Southwestern Bell) in achieving a summary judgment victory rendered by the U.S. District Court, Eastern District of Missouri. The issue was the proper access pricing to be paid by Global Crossing to SBC for the termination of wireless calls, whether interstate or intrastate.
• Represented NOS Communications, Inc. and Affinity Network Incorporated in achieving dismissals of eight complaints, seven of which were class action suits filed in courts nationwide on behalf of the telecommunications carriers. Each of the complaints was based on allegations of misleading and deceptive telemarketing and advertising practices. After the U.S. District Court in Nevada refused to compel arbitration of the suits, Kelley Drye successfully moved to dismiss each of the plaintiffs' complaints, arguing that all of the claims were barred by the "filed tariff doctrine."
• Represented Western Wireless Corporation in a very favorable decision in the U.S. District Court for Montana our client's motion to dismiss against Qwest Corporation. Quest had filed a third-party claim against Western Wireless in an attempt to reopen a suit from which Western Wireless had already been dismissed after settlement with plaintiff Mid-Rivers Telephone Cooperative.

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