Mr. Fumerton was lead counsel for Yahoo! in the Southern District of New York and Second Circuit proceedings against Microsoft seeking to vacate an emergency arbitration award granted to Microsoft concerning a strategic alliance between the parties under which Yahoo would migrate its search advertising services to Microsoft’s “Bing Ads” platform in various markets worldwide.
Mr. Fumerton recently represented UBS and Société Générale in the landmark litigation filed by the Federal Housing Finance Authority, as conservator of Fannie Mae and Freddie Mac, arising out of the purchase of nearly $200 billion of residential mortgage-backed securities.
In a highly publicized litigation brought by billionaire William Koch over the authenticity of wine that purportedly once belonged to Thomas Jefferson, Mr. Fumerton won a complete dismissal of RICO, conspiracy and fraud claims for Christie’s, Inc. The subject of the litigation was chronicled in The New York Times best-seller, “The Billionaire’s Vinegar.”
Mr. Fumerton obtained a series of victories for toymaker JAKKS Pacific, Inc. against World Wrestling Entertainment, Inc., including the complete dismissal of all of WWE’s claims, in a hotly contested federal and state court litigation, in which WWE accused JAKKS of a massive and complex RICO and bid-rigging conspiracy in procuring a video game license that has generated more than $1.4 billion in net sales, as well as several lucrative toy licenses.
After a full evidentiary trial before the American Arbitration Association, Mr. Fumerton won a complete victory on behalf of SanDisk in arbitration against Samsung Electronics. The dispute, which has garnered significant media attention, related to the delivery of critical electronic components and patent licenses.
Mr. Fumerton played a part in the prepackaged Chapter 11 reorganization plan for Central European Distribution Corporation, a producer and distributor of alcoholic beverages, which was named as the 2013 “Chapter 11 Reorganization of the Year (Over $1 Billion)” at the 2014 M&A Advisor Turnaround Awards.
Other representative matters include:
successfully representing Research in Motion Limited (Canada) (now known as Blackberry Limited) and certain of its officers in obtaining the complete dismissal of several purported class action lawsuits in the Southern District of New York alleging that RIM made materially false and misleading statements regarding its PlayBook tablet;
defending Deloitte & Touche LLP in a fraud and malpractice case brought by Symbol Technologies, Inc. in the wake of a massive criminal fraud at Symbol;
representing SanDisk in a two-week trial before Judge William H. Pauley in the U.S. District Court for the Southern District of New York in a breach of contract action concerning SanDisk’s U3 series of USB drives;
defending Cendant Corporation in several litigations stemming from the unprecedented accounting fraud at CUC International, one of Cendant’s predecessor entities; and
representing French reinsurer SCOR S.A. in its $2.46 billion hostile bid for Converium Holding.
Mr. Fumerton has published several articles in prominent legal publications, including “Market Overreaction and Loss Causation,” The Business Lawyer, Vol. 62 (Nov. 2006), which advocated a novel application of the PSLRA’s “bounce-back” provision — an approach that has been cited by several publicly traded corporations in major securities litigations.
Mr. Fumerton serves as hiring partner for the firm’s New York office and is a member of the firm’s Diversity Committee. He was named as a “2014 Rising Star” by the New York Law Journal.