Commercial Litigation

Anthem
White & Case achieved a landmark victory on behalf of Anthem (now Elevance Health), in one of the hardest-fought broken deal disputes in US history, resulting from the failed US$54 billion acquisition of Cigna Corporation. Over four years of litigation, two weeks of trial, and one appeal, our aggressive strategy from day one allowed Anthem to choose the grounds and define the playing field for their eventual trial success.

Meta, ongoing
White & Case serves as Meta's 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 Meta in more than 150 jurisdictions, spanning five continents. Our global litigation approach, centralized out of our Los Angeles office, ensures the efficient implementation of consistent positions around the world to handle cutting-edge issues. 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.

Boy Scouts of America
White & Case's litigation team led a 23-day trial in connection with confirmation of the Chapter 11 plan of reorganization for Boy Scouts of America ("BSA"), one of the country's oldest and most iconic non-profit organizations and one of the largest non-profit debtors in bankruptcy history. White & Case litigators played a central role in extensive mediation efforts with all major constituencies, leading to a series of settlements with certain of the BSA's insurers, the Church of Jesus Christ of Latter-day Saints, the United Methodist Ad Hoc Committee, and the Roman Catholic Ad Hoc Committee. These settlements – in addition to the contributions of the SA and its local councils – resulted in a proposed settlement trust to compensate abuse survivors comprised of $2.7 billion in cash and property, in addition to valuable rights to pursue additional recoveries against non-settling parties.

Daimler AG and Mercedes Benz USA LLC, ongoing
White & Case represents Daimler AG and Mercedes Benz USA LLC in the highly publicized Takata Airbag Products Liability multidistrict litigation (MDL). Representing our clients in two separate class actions in the MDL, one brought by consumers and the other brought by automobile recyclers, the White & Case team successfully obtained dismissal of Daimler AG from the consumer class action complaint based on the court's lack of personal jurisdiction. The team also obtained dismissal of several claims against Mercedes Benz USA LLC.

Hertz Global Holdings Inc.
White & Case advised Hertz Global Holdings Inc. on its successful financial restructuring after the rental car company filed for chapter 11 protection in response to the disastrous impact of the COVID-19 pandemic on its business. This engagement spanned multiple practices at the firm, including our litigation team. Following the confirmation of the company's reorganization plan by the Delaware Bankruptcy Court, the company officially emerged from bankruptcy. Judge Mary Walrath described the plan as a "fantastic result" that "surpasses any result I've seen in any chapter 11 case that I've faced in my 20-plus years."

Amber Capital
The White & Case team achieved a milestone for shareholder activism in France, advising London-based Amber Capital on the conclusion of a settlement agreement with Lagardère, which put an end to several judicial proceedings between the organizations. The activist campaign, which lasted nearly 5 years, was unique regarding its achievement since it was the first time in France that a listed Société en Commandite par Actions changed its corporate structure under the pressure of a minority shareholder.

Industrial and Commercial Bank of China, China Development Bank, Ex-Im Bank of China
White & Case acts for a syndicate of Chinese banks in respect of litigation proceedings and the restructuring of a US$925 million facility advanced to Reliance Communications Limited (RCom). RCom is part of the Reliance group owned and promoted by Mr. Anil Ambani, who was previously one of the richest people in Asia. On behalf of ICBC, White & Case obtained summary judgment against Mr. Ambani in the English High Court in respect of the outstanding amounts under the facility, which amounted to approximately US$716 million. This case showcases White & Case's ability to advise financial institutions across jurisdictions and practice areas in high-value complex disputes and transactions in relation to emerging markets.

Atol SA.
Our team advised Atol SA. (Atol), a leading French network of opticians, on its successful appeal hearing before the French Supreme Court in a case against Optical Center, a competing optical equipment retail network, following a 13-year dispute. The Nanterre Commercial Court rejected all of Optical Center's claims and ruled that Atol could not be held liable for the actions of independent merchants who were members of its network, putting an end to the legal action brought by Optical Center against Atol, ruling out any act of unfair competition attributable to Atol and paving the way to possible compensation for Atol in relation to its disparagement claim.

PT Ventures SGPS, S.A.
Taking the central role as global coordinator in a multi-jurisdictional litigation/arbitration, White & Case represented PT Ventures SGPS, S.A., a Portuguese telecommunications company, in a matter at the forefront of a corporate battle between major players to gain control of one of Africa's leading GSM network operators. The underlying dispute involved the governance of Angola's largest privately owned company, and the country's power structure, raising a number of collateral politically sensitive issues. In an arbitration proceeding, the tribunal ordered PT Ventures be paid an amount totaling more than US$650 million plus interest, along with arbitration fees and costs of more than US$12 million. Further, the tribunal also dismissed the counterclaim against PT Ventures.

Ioan Micula, European Food & others
The White & Case team scored award enforcement victories on behalf of client Ioan Micula, his brother and co-investor, and their companies. Faced with a European Commission decision holding that EU State aid rules prohibited payment of the arbitral award, our clients pursued enforcement actions in the US, the UK, Belgium and Sweden. Our clients prevailed in the EU's General Court, which fully annulled the EC's prior decision, and provided clarification regarding the incompatibility of arbitration clauses in intra-EU BITs. In the US, we obtained a favorable verdict in the US District Court for the District of Columbia, with the court entering a judgment in favor of our client of US$331 million plus interest.