In an article for The American Lawyer, litigation & enforcement senior counsel Bob Fischler and partners Gregg Weiner and Alex Simkin received a “Litigator of the Week Shout Out” for their work representing private equity firm Apax Partners.
The Ropes & Gray team, which also included senior attorney Paul Kellogg and others, obtained a significant appellate win when on March 7, the Appellate Division of New York Supreme Court affirmed the trial court’s grant of summary judgment dismissing the remaining claims against Apax in a case brought by plaintiff Wilmington Trust Company as the indenture trustee for notes issued in the 2006 leveraged recapitalization of the Hellas Telecommunications group.
The decision, which capped more than twelve years of state and federal court litigation that included multiple appeals, primarily addressed the trustee’s claim that Apax and co-defendants associated with private equity firm TPG were liable, on alter ego grounds, for a more than $1 billion judgment the trustee obtained against the Hellas subsidiary that issued the notes.
Bob commented: “We are pleased with the court’s decision recognizing the complete lack of merit to the trustee’s claims against our client.”
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