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Alan Salpeter

Alan  Salpeter
Special Counsel
alan.salpeter@kayescholer.com

Chicago
T: +1 312 583 2450 F: +1 312 583 2551

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Alan Salpeter is Special Counsel in Kaye Scholer’s Complex Commercial Litigation Department, focused on securities and financial services litigation. He has tried approximately 70 bench and jury trials and argued 20 appeals in federal and state courts throughout the country. Chambers USA (2007) described Alan as a “premier trial lawyer and master strategist.” According to Chambers, Alan “is tenacious, unafraid, creative and, above all, he wins.”

Alan has particular experience relating to securities fraud and consumer class actions; cases arising out of mergers and acquisitions; contested tender offers; proxy contests; aborted business transactions and business failures; alleged breaches of fiduciary duty and negligence by corporate officers and directors; malpractice suits against accountants, lawyers and consultants; and antitrust issues. He also has extensive arbitration and mediation experience.

Alan has represented clients in virtually every industry, including: insurance, banking and financial institutions, commercial real estate, technology, energy, mining, public accounting, manufacturing, construction, education, transportation, food and beverage, shipping, healthcare, retail, and pharmaceuticals.

Prior to joining Kaye Scholer, Alan was a partner at Dewey & LeBoeuf LLP; prior to that he was a partner at Mayer Brown LLP where he also co-chaired their Litigation Department from 1994 to 2000.

Alan is also an Adjunct Professor, Northwestern Law School, teaching “The Strategy of Litigation” (2007 through 2010; 2013); and a Guest Lecturer on Litigation Strategy, University of California/Berkeley, Boalt Hall, 2002 through 2006 and University of Pennsylvania Law School, 2009. 

Representative Matters

  • Currently working with a small team of senior Kaye Scholer litigators to provide “Second Opinions” to clients facing big-stakes, high-risk litigation situations
     
  • Currently representing the former CEO of a portfolio company in an investigation of events leading up to a restatement of the company’s audited financial statements and bankruptcy filing
     
  • Currently representing a private equity firm, as plaintiff, in connection with claims of fraud and breach of contract arising out of its purchase of a portfolio company
     
  • Recently obtained a jury verdict in a § 1983 civil rights action against two police officers for using excessive force against an arrestee
  • Recently led a confidential, internal investigation into whistleblower allegations of wrongful conduct by company officials
  • Acted as an expert witness for the successful party in a confidential settlement of a legal malpractice case which, in turn, arose out of an underlying, complex commercial arbitration
  • Successfully represented a for-profit educational institution and two senior executives in the dismissal with prejudice of a putative class action alleging a 10b-5 claim

  • Defended an internationally known bank headquartered in the Middle East against allegations that it financed terrorism in Israel, West Bank, and Gaza

  • Recently represented a major international airline in disputes with GDSs and OTAs

  • Acted as a mediator in successfully settling a professional malpractice case on a confidential basis

  • Recently defended a French insurance company against allegations of fraud arising out of the purchase of Executive Life Insurance Company, a rehabilitated California insurance company and obtained a favorable settlement

  • Currently representing and advising individual CEOs and senior corporate executives in complex corporate litigation and with respect to corporate governance issues, directors’ responsibilities, and employment and severance issues

  • Successfully represented Walgreens in two dismissals of a putative shareholder class action alleging a 10b-5 claim and succeeded in obtaining a dismissal with prejudice of complaint on second attempt

  • Successfully obtained judgment after a 2 week bench trial for Kenny Construction Company and 5 of its owners against its former CEO on a contract relating to the financing of a major hotel project

  • Successfully represented a heir of the co-founder of Alberto Culver in a contested probate trial and subsequent settlement

  • Successfully represented sole shareholder of Ameriquest in predatory lending practices MDL class actions

  • Successfully obtained summary judgment for Accenture LLP in a contract dispute with a former client

  • Represented director and angel investor in information technology start-up company (involving internet switching capabilities) in arbitrating $45 million claim of securities fraud and breach of fiduciary duty, which settled for $0 on the eve of arbitration

  • Represented directors of Nationwide Financial Services in securities class action litigation challenging its merger into Nationwide Mutual Insurance Company

  • Represented Finish Line Inc. in the successful settlement of Finish Line/Genesco/UBS “busted merger” litigation

  • Represented Metal Management, Inc. in successfully opposing a shareholder’s motion to enjoin a multibillion dollar merger with Sims Group of Australia (trial and appeal in the same day)

  • Represented Munich Re in a shareholder class action filed in connection with Munich Re’s purchase of The Midland Company

  • Represented Canadian Imperial Bank of Commerce (“CIBC”) in the Enron shareholder litigation

  • Represented CIBC in the Global Crossing shareholder litigation

  • Represented BellSouth and its senior executives in the BellSouth shareholder litigation

  • Represented Ernst & Young in the Cendant shareholder litigation and in subsequent litigation brought by Cendant

  • Represented Larry Ellison, CEO of Oracle Corporation, and Jeff Henley, CFO of Oracle Corporation, and obtained summary judgment in their favor in insider trading litigation in Delaware

  • Represented Kleiner Perkins Caufield & Byers, and several of its partners, in successful settlement of AtHome.com securities litigation

  • Represented Equitable Life Assurance Society in a group of market timing cases

  • Represented Ernst & Young in the successful trial of AUSA v. Ernst & Young, a three-month bench trial by nine insurance companies alleging $150 million of losses when Jamaica Water & Power went bankrupt

  • Represented Accenture LLP in a successful breach of contract arbitration against Computer Science Corporation in connection with the outsourcing of all of the information technology of JP Morgan

  • Represented Lexecon Inc. in its successful $45 million jury verdict and $50 million settlement from the Milberg Weiss law firm in an abuse of process case

  • Represented the NCAA in a damages-only jury trial arising out of a salary cap imposed by the NCAA on entry level coaches at Division I schools

  • Represented Johnny’s Ice House, Inc., a girls hockey team, in the successful settlement of a pro bono, Title IX case against Amateur Hockey Association of Illinois asserting discrimination against girls hockey in the State of Illinois

  • Represented Quaker Oats in two successful arbitrations arising out of Quaker’s acquisition of Arnie’s Bagelicious

  • Represented Northern Engineering Industries plc (“NEI”) in a three-week jury trial arising out of the breach of a manufacturing agreement whereby NEI designed a railroad crane to be manufactured and sold in the U.S. by defendant Portec

  • Represented The Horsham Corporation in three related trials arising out of its purchase of Clark Oil out of a bankruptcy in St. Louis

Practice Areas

Education

Villanova University School of Law, JD, 1972; Managing Editor of Villanova Law Review

American University, BS, 1969

Bar Admission(s)

Illinois

Supreme Court of Illinois

US District Court, Northern District of Illinois

US Court of Appeals, 2nd, 3rd, 4th, 7th, 8th, 9th, 10th and the 11th Circuits

Membership(s)

Fellow, American College of Trial Lawyers

Fellow, International Academy of Trial Lawyers

American Bar Association, Antitrust and Litigation Sections

Seventh Circuit Bar Association

Chicago Bar Association

 
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