Michael C. Hefter

Representative Matters

Mr. Hefter currently represents a large private equity fund defending class action allegations pending in federal court in Delaware and in the court of appeals for the Third Circuit that the fund should be held liable for portfolio company's alleged failure to provide warnings under the federal WARN Act and related state laws. The named representative plaintiffs took an appeal to the Third Circuit after we were successful in having those claims dismissed at the pleading stage. The motion to dismiss the remaining class claims is pending.

Mr. Hefter currently represents a publicly traded company and its directors in multi-state class action shareholder litigation in Delaware and New York challenging a tender offer and merger under state and federal law. We were successful in defeating a motion for preliminary injunction in New York, and the action continues to proceed in Delaware. 

Mr. Hefter currently represents a private equity fund in litigation pending in federal court in California against the former officers and directors of a publicly traded company for breach of fiduciary duty in  causing the failure of the company. Although the case is still in the pleading stage, we have been successful in defeating several pre-answer motions and obtaining sanctions.

Mr. Hefter recently acted as lead trial counsel on behalf of major institutional investors against claims of a debtor in bankruptcy seeking to nullify a pre-payment provision in a trust indenture governing the debtor's senior secured bonds.

Mr. Hefter currently represents a hedge fund in litigation arising from the financing of a failed collateralized loan obligation transaction involving credit card receivables. The case is currently pending in New York and is at the summary judgment stage.

Mr. Hefter is currently defending a large international consulting firm against fraud claims involving the sale of a U.S. subsidiary. We were successful in obtaining the dismissal of RICO claims in federal court. The remaining state claims are scheduled for trial in November 2012.

Mr. Hefter acted as lead counsel to a major commercial bank defending allegations that the bank improperly interfered with the distribution of "funds" through a loan "waterfall", and for lender liability arising from the failure of the borrower resulting from the credit crisis.

Mr. Hefter acted as lead counsel in defending class action allegations filed in California and Delaware concerning the acquisition of a major U.S. computer manufacturer.