Anne K. Conley

Complex Commercial Litigation

Politan Capital Management in successfully defending against expedited securities litigation filed by Masimo Corporation alleging that Politan had made false or misleading statements and omissions in its proxy materials. Masimo’s motion for a preliminary injunction was denied and Politan’s nominees were elected to Masimo’s board.

Innovation X Holdings in securing emergency relief and a complete victory on all claims and counterclaims in an arbitration against K5 Global Technology and K5 Space Exploration concerning its investment in a K5-managed fund that was an early investor in SpaceX.

Michael Z. Hermalyn, an executive with Fanatics, in a high-profile dispute with DraftKings, his former employer, in possibly the first case to test the enforceability of a noncompete covenant under California’s new statute prohibiting noncompetes regardless of whether the agreement was signed and the employment maintained outside of California.

BNSF Railway Company in obtaining a landmark summary judgment victory in more than 100 antitrust price-fixing cases consolidated before the D.C. federal district court in two multi-district proceedings. The plaintiffs, including some of the railroads’ largest customers, had sought billions of dollars on behalf of the class. MTO will represent the entire joint defense group on appeal, defending the district court’s decision.

GK Management Co. and Grand Promenade in the successful settlement of a mass action of personal injury and tenant claims that stemmed from a fire in a mixed-use, high-rise building.

Monsanto in settling three product liability lawsuits alleging the company’s herbicide Roundup caused injuries to plaintiff users, and that Roundup and/or its active ingredient glyphosate is defective and lacked proper warnings as to the health risks allegedly associated with its use.