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Commercial Litigation
Financial Services Litigation
Insurance Litigation
Complex Product Liability
Breach of Contract Litigation
Executive Employment Litigation

Artist: Jeff Kahm

Cases

Loren Kieve has been either lead or co-lead-counsel in venues ranging from Maine to California and Alaska to Florida. He has tried or settled virtually every kind of civil case, and has overseen serious internal investigations involving potential criminal law issues. The following is a sampling:

Synergy Acceptance Litigation

He represents the Trustee of a financing company in litigation seeking to recover millions of dollars in funds that were transferred from the company by its former officers prior to its bankruptcy.

American Frontier (Marine), Inc. Litigation

He represents a ship brokerage company in litigation over shipments of petcoke and other commodities to Asia.

Silgan Containers LLC

He represented Silgan Containers, the largest manufacturer of metal containers in the United States, in two litigations against an AIG subsidiary seeking insurance coverage for losses it sustained as a result of supplying defective metal cans to a major produce manufacturer.

FDIC Litigation

He represented the Trustee of a bank holding company in litigation against the Federal Deposit Insurance Corporation arising out of the FDIC’s takeover of the holding company’s subsidiary bank and the transfer of $127 million from the holding company to the subsidiary bank prior to the FDIC’s takeover.

Parmalat S.p.A.

He represented Dr. Enrico Bondi, the Italian extraordinary commissioner for Parmalat S.p.A., in the U.S. courts against Deloitte and Grant Thornton for accounting malpractice and other claims arising out of the $14 billion bankruptcy of the company, the largest in European history and referred to as the “Enron of Europe.”

He also represented Dr. Bondi in two separate U.S. suits against Citigroup and Bank of America for fraud and other claims arising out of the company’s bankruptcy.

General Electric

He defended GE Energy in a multimillion dollar suit by Calpine seeking to avoid paying the termination fees for canceling a turbine purchase agreement.

He represented GE Commercial Aviation Services in suits against an aircraft conversion company for breach of contract and fraud in connection with the conversion of aircraft from passenger to freighter configurations.

He represented GE Energy in a suit by the New York Power Authority over GE’s role in the construction of a power plant in New York City. He also represented GE Energy in a complex dispute over the fees it owed under a co-generation agreement during the nation’s 2000 electrical energy crisis.

IBM

He obtained a complete dismissal of two federal suits claiming multi-million dollar damages for IBM’s alleged role in assisting the start-up of a web portal site in China.

Crown Vantage

He obtained a complete dismissal and the Ninth Circuit affirmance of a suit against Crown’s former directors seeking $600 million for claims of “deepening insolvency” and fraudulent transfer.

Mobil and Mobil Oil

Exxon Valdez: Mr. Kieve served as separate outside counsel advising Mobil, one of the minority shareholders in the pipeline, in the numerous suits, including the federal criminal investigation, in the wake of the Exxon Valdez oil spill. All suits were settled on favorable terms or dismissed.

Mitchell v. Mobil Oil Co. / Raymond v. Mobil Oil Co. / Christopher v. Mobil Oil Co.: Mobil changed its pension plan by modifying the discount rate that would apply to its “lump sum” option (versus an annuity), but allowed employees to retire under the previous rate. A number of them did. One, Mitchell, sued Mobil claiming that this was an ERISA and age discrimination violation. He obtained a $1 million jury verdict in Colorado. Within a month, the same lawyers brought a class action on behalf of all 1,500 Mobil employees who retired under the same circumstances. A 200-person suit was also filed in Beaumont, Texas. Mobil was facing serious liability issues that could have subjected it to upwards of $1.5 billion in damages. At that point, Mobil retained Loren Kieve as part of the litigation team. The Mitchell judgment was reversed by the Tenth Circuit. The Beaumont case was initially dismissed but then partially reversed by the Fifth Circuit (and then settled favorably to Mobil). The follow-on class action was also dismissed by the Tenth Circuit, reversing the trial court.

Insurance Litigation and Arbitrations: Mr. Kieve represented Mobil in federal court litigation over the coverage for the claims in the Mitchell/Raymond/Christopher cases, as well as in two U.K. arbitrations over the meaning and wrongful termination of two of the company’s multi-million dollar insurance policies.

Parada v. Mobil Oil Company. Parada obtained a default judgment against Mobil for $3 million in Venezuela claiming that Mobil failed to diligently prosecute an oil exploration effort on land where Parada held a royalty interest (but where there had never been shown to be any commercial quantities of oil). The case was affirmed by the Venezuelan Supreme Court. When Parada threatened to sue in the U.S. to collect it, Loren was asked to represent Mobil. After proceedings in five courts (three in Virginia and two in New York), he obtained a default judgment declaring the Venezuelan judgment null and void and requiring Parada to pay Mobil's costs.

Tavoulareas v. Washington Post. Mobil's President sued the Washington Post for libel as a result of two articles that charged him with having set up his son Peter in a Saudi shipping company that carried Mobil oil from the Middle East. The Post served discovery on Mobil seeking to inquire into all of its dealings with Saudi Arabia. Loren obtained a wide-ranging protective order, defended Mobil's employees in depositions, and sustained the protective order on two appeals to the D.C. Circuit by the Post and the Reporters Committee for Freedom of the Press. Justices Scalia, Ginsburg and Thomas were on the panels.

Other matters: He regularly advised Mobil and Mobil Oil on a broad range of issues.

Habib v. Raytheon. Habib sued Raytheon claiming that he was entitled to millions of dollars in commissions on the sale of the Patriot missile system to Saudi Arabia. The case was dismissed by Habib during trial. After trial, he tried to have the settlement set aside, claiming he was coerced into settling by his lawyer; that claim was also dismissed.

Ferebee v. Chevron Chemical Company. Deceased toxic tort (paraquat) case. The first trial ended in a hung jury. The second trial ended in a $60,000 plaintiff's verdict. This was $30,000 below the client's last settlement offer. The Court of Appeals decision is still one of the leading cases on federal preemption.

Spiro Agnew libel suit.Former Vice President Agnew wrote a book about the events that led to his resignation. In it, he suggested that his initial lawyer let him down. The lawyer sued for libel. The case was dismissed for no money.

Ansary v. Friedman Billings Ramsey & Co. Suit by investor who claimed that an investment bank fraudulently or negligently deprived him of the opportunity to acquire a billion dollar California savings bank. He sued for his alleged lost profit of hundreds of millions of dollars. The suit was voluntarily dismissed for no money after the trial court entered a ruling denying summary judgment but indicating that the case was hanging by a thread.

Rasnick v. Pittston Coal Company. A southwestern Virginia coal mine exploded killing seven miners and seriously injuring three more. In the wake of a MSHA investigation that led to no prosecution, the families of the miners sued the mine company, raising a number of very difficult issues. The case was dismissed on the grounds of the workers compensation bar and affirmed by the Virginia Supreme Court.

Enron v. Borget, et al. Enron had an oil trading subsidiary in New York. After reporting hundreds of millions of dollars in profits over a two year period, the subsidiary's president told Ken Lay that there was no profit and, instead, hundreds of millions of dollars of losses. A counsel-directed international forensic investigation found that the subsidiary president had (a) entered into contracts to "roll over" and postpone his trading losses and (b) set up off-shore companies that he controlled and used to conduct other similar trades. Suits were filed against the former president and a number of foreign oil trading companies for RICO violations and other claims, ultimately resulting in substantial settlements. The case involved lawsuits in the New York state and federal courts and the English High Court, with ancillary proceedings in Jersey and Japan.

Construction Litigation and Arbitration

Supervision and direct involvement in all aspects of multi-million dollar litigation (with two separate suits) and the subsequent arbitration with the owner of a power plant and the boiler subcontractor.

Head of the overall legal strategy in a dispute over the demolition of a nuclear power plant, including supervising both construction counsel as well as environmental and nuclear regulatory counsel.

Supervision and hands-on involvement in all aspects of nationwide asbestos litigation, as well as of litigation over insurance coverage.

Oversight and direct supervision of the defense in the U.K. of an international soft drink manufacturer's multi-million dollar claim arising out of the construction of the world's largest concentrate plant.

Oversight of arbitration over the construction of a theme park, including coordination of U.S. and overseas counsel, resulting in a multi-million dollar award.

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