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Representative Matters

• Penguin Group (USA) Inc. v. Time/Warner Retail Sales and Marketing Services. We acted as counsel for plaintiff publisher and obtained a $3 million judgment for breach of the parties’ distribution agreement.
• Stutzman v. Armstrong, et al. We acted as counsel for defendant publisher Penguin Group (USA) LLC in consumer fraud class action brought on behalf of the California residents who purchased Lance Armstrong’s book, It’s Not About the Bike; case dismissed with prejudice on basis of First Amendment principles.
• Peter Lampack Agency, Inc. v. Martha Grimes and Penguin Group (USA) Inc. We were counsel to defendant publisher in contract and tort case brought by agent for author against author and publisher; case dismissed.
• Richards v. Penguin Putnam Inc. We acted as counsel to defendant publisher in a defamation, false light, and misappropriation of likeness case; case dismissed.
• Tarcher v. Penguin Putnam, Inc. We served as counsel to defendant publisher against fraud and breach of contract claims relating to a licensing agreement; claims dismissed and plaintiff’s motion for reconsideration denied.
• Russo v. NCS Pearson, Inc. et. al. Defended major educational testing providers against class action claims alleging that providers had acted negligently and improperly when scanning and scoring SAT tests; favorably settled.
• We acted as counsel to an education technology company in connection with a $23 million credit facility.
• We represented an education technology corporation in connection with a $19 million Rule 506 private placement.
• We developed an LLC structure and agreements for a joint venture between US and international medical and educational institutions to provide international clinical trial services to pharmaceutical sponsors.
• We represented numerous start-up companies in transactions with universities and academic medical centers to license-in core technologies.