We were lead counsel for Schein Pharmaceutical in litigation brought by Duramed Pharmaceuticals concerning the conjugated estrogens drug sold as "Cenestin." After extensive discovery and motion practice, the case settled shortly before trial in 2000 with Duramed paying Schein $15 million and agreeing to pay an additional $15 million if certain profit milestones for Cenestin were met. Duramed Pharmaceuticals, Inc. v. Schein Pharmaceuticals, Case No. A9705498 (Hamilton County Court of Common Pleas)

We served as counsel for Microsoft Corporation in Ohio and Kentucky class action antitrust cases involving the Windows operating system. We obtained dismissal of the Kentucky class action suit against Microsoft (Jefferson Circuit Court, July 21, 2000), which was affirmed by the Kentucky Court of Appeals in the first Windows antitrust case to be decided by a state appellate court, Arnold v. Microsoft Corp. (Kentucky Court of Appeals, November 21, 2001), and the Kentucky Supreme Court declined to hear a further appeal. We obtained dismissal of a similar Ohio state court suit (Hamilton County Court of Common Pleas, August 6, 2002), which was affirmed by the First District Court of Appeals, Johnson v. Microsoft Corp., 155 Ohio App. 3d 626 (2004), and by the Ohio Supreme Court, 106 Ohio St. 3d 278 (2005).

We were counsel for Procter & Gamble in litigation in 1994-96 against Bankers Trust arising out of two substantial derivatives contracts entered into by P&G. The litigation raised numerous issues of first impression involving the application of contract, fraud, negligence and fiduciary duty, federal and state securities and commodities and RICO law to derivatives contracts, and led to Sixth Circuit and Supreme Court decisions on issues including the discoverability of materials relating to Federal Reserve Board examination of regulated banks and the power of District Courts to enjoin publication of materials filed under seal under protective orders. The case involved massive discovery of hundreds of thousands of pages of documents and thousands of audiotapes and computer files, and required extensive computerization for discovery management. The matter settled shortly before trial, resulting in a $165 million recovery by P&G, the largest (in absolute or percentage terms) of any such publicly reported derivatives recovery.