Bob Vieth - Representative Litigation

REPRESENTATIVE CASES

Securities and Corporate Governance

• Glaser v. Enzo Biochem – Defense of claims for securities fraud, in the Eastern District of Virginia and the United States Court of Appeals for the Fourth Circuit.
• In re Cysive – Defense of acquirer in a stockholder challenge to a "going private" merger, in the Delaware Chancery Court.
• Ballenger v. Applied Digital Solutions – Defense of litigation involving federal securities claims and common-law claims, in United States District Court for the District of Delaware and the Circuit Court of Fairfax County, Virginia.
• Hewlett v. Hewlett-Packard – Member of team that represented Walter Hewlett in his challenge to Hewlett-Packard's merger with Compaq, in the Delaware Chancery Court.
• Cablevision Systems Corporation v. At Home Corporation – Litigation involving corporate governance issues, in the Delaware Chancery Court.
• Sandberg v. First American Bankshares – Member of team that defended bank directors in claims involving federal securities law and common-law breach of fiduciary claims, in United States District Court for the Eastern District of Virginia, United States Court of Appeals for the Fourth Circuit, and United States Supreme Court.
• Klaff v. Reliacast – Defense of claims by company founder and stockholder against directors and investors relating to recapitalization of company stock, in the Circuit Court of Fairfax County, Virginia.

• Lord & Taylor v. Tysons Corner Holdings – Defended shopping center owner in a case filed by anchor tenant retailer which contended that the owner's redevelopment plan for the shopping center violated covenants in the retailer's lease; in the Circuit Court of Fairfax County, Virginia.
• AboveNet v. 1807 Faraday Court – Dispute regarding buyout terms under a lease and entitlement to escrowed funds, in the United States District Court for the Eastern District of Virginia and United States Court of Appeals for the Fourth Circuit.
• Northern Virginia Community Hospital v. Board of Supervisors – Land-use dispute regarding proposed hospital, in the Circuit Court of Loudoun County, Virginia.
• Dowdy v. District of Columbia Redevelopment Land Agency – Dispute regarding doctrine of lis pendens and lien on real property, in the Superior Court of the District of Columbia and District of Columbia Court of Appeals.
• Arrowhead v. General Dynamics – Dispute regarding formation of sub-lease, in the Circuit Court of Fairfax County, Virginia.
• SMII Fairfax, LLC v. Himes Associates, Ltd. – Dispute regarding option to lease space, in the Circuit Court of Fairfax County, Virginia.

• DeKort v. Integrated Coast Guard Systems – Defended government contractor in a whistleblower case under the False Claims Act, in the United States District Court for the Northern District of Texas.
• i2 Group  v. Palantir Technologies, Inc. – Prosecuted claims for trade secret theft, RICO and infringement in the United States District Court for the Eastern District of Virginia.
• Micromet AG v. Cell Therapeutics, Inc. – Dispute regarding collaboration agreement for the development of cancer-fighting human antibody, in the United States District Court for the Western District of Washington.
• AL Solutions v. Jamegy – Defended the seller of a business in a case filed by the buyer alleging breach of contract and fraud, in the Supreme Court of the State of New York, New York County.
• Freewebs, Inc. and Social Gaming Network v. David Maestri and Psycho Monkey, Inc. – Dispute regarding ownership and intellectual property rights to online, multiplayer game, in the Circuit Court for Montgomery County, Maryland and the Superior Court of California, County of San Francisco.
• Oxford Health Plans, Inc. v. Coordinated Care Solutions IPA, Inc. – Dispute regarding managed healthcare services contract, in arbitration.
• ALS Scan, Inc. v. RemarQ Communities – Copyright infringement action under the Digital Millennium Copyright Act involving images posted to the web, in the United States District Court for the District of Maryland and the United States Court of Appeals for the Fourth Circuit.
• Schnare v. Ziessow – Defamation action, in the United States District Court for the Eastern District of Virginia and United States Court of Appeals for the Fourth Circuit.
• Ali v. Samantar/Jane Doe v. Yusuf Abdi Ali – Prosecution of claims for human rights violations committed by former members of the military regime in Somalia, in the United States District Court for the Eastern District of Virginia.

• Yousuf v. Samantar (4th Cir. 2009 and United States Supreme Court 2010) – Holding that the Foreign Sovereign Immunities Act does not afford immunity to individual defendants in human rights cases in U.S. courts, even if the individuals were acting on behalf of a foreign government.
• Yousuf v. Samantar (D.C. Cir. 2006) – Holding that agencies of the federal government are subject to federal court subpoenas in private civil litigation.
• Glaser v. Enzo Biochem, Inc. (4^th Cir. 2006) – Applying doctrine of loss causation to securities fraud suit.
• AboveNet v. 1807 Faraday Court (4^th Cir. 2005) – Issues surrounding escrow and purchase option under a real estate lease.
• Schnare v. Ziessow (4^th Cir. 2004) – Defamation action regarding articles published in magazine.
• ALS Scan, Inc. v. RemarQ Communities (4^th Cir. 2001) – Copyright issues under the Digital Millennium Copyright Act.
• Redevelopment Land Agency v. Dowdey (D.C. 1992) – Issues surrounding attorney's lien on real property and doctrine of lis pendens.
• Hagan v. McNallen (4^th Cir. 1995) – Issues surrounding res judicata and dischargability of punitive damages award against debtor in bankruptcy.
• In re Dameron (4^th Cir. 1998) – Issues surrounding conflicting creditor claims to escrowed funds based on defalcations of real estate settlement agent.
• Corner Associates v. W.R. Grace (4^th Cir. 1999) – Issues surrounding discharge of a guarantor of a lease.
• Jeld-Wen v. Gamble (Va. 1998) (window screen manufacturer has no duty to construct screen as a body restraint that prevents a child from falling out of window).
• Alevromagiros v. Hechinger (4^th Cir. 1993) (admissibility of expert testimony in product liability case).
• NAJLA Associates v. William L. Griffith & Co. (Va. 1997) (recoverability of consequential damages for breach of contract).