Doug's Representative Litigation

1987–2015

Mr. Lobel has been involved in a variety of complex and high profile cases, including:

  • New York City CityTime Investigation (U.S. Attorney's Office, S.D.N.Y. 2011). Represented SAIC in public corruption investigation conducted by the U.S. Attorney for the Southern District of New York involving allegations of kickbacks in connection with a New York City software development contract.
  • Donnie Williamson, et al. v. Lumber Liquidators, Inc. (E.D. Va. 2014). Defended Lumber Liquidators in a nationwide consumer class action alleging violations of U.S. laws regulating formaldehyde standards and the federal Lacey Act. After successfully winning a motion to compel discovery and sanctions motion, the case settled for nuisance value.
  • In re IntraMTA Switched Access Charges Litigation (N.D. Tex. 2014). Representing CenturyLink and its affiliates in 29 lawsuits filed by Sprint and Verizon alleging improper collection of hundreds of millions of dollars of "access charges" for wireless calls. Judicial Panel of Multidistrict Litigation consolidated these and other related lawsuits in Dallas. (--F. Supp. 3d---, 2014, WL 7263472 (J.P.M.L. Dec. 16, 2014).) Mr. Lobel has been appointed as both Lead and Liaison Counsel for over 600 defendants involved in over 75 consolidated lawsuits.
  • Green Holcomb & Fisher LLC ("GHF") v. Cardtronics USA, Inc. (D. Minn. 2014). Defending Cardtronics in a breach of contract case resulting from its purchase of a portfolio of ATMs from ATM Network ("ATMN").
  • Valle v. ATM National, LLC, et al. (S.D.N.Y. 2014). Defending Cardtronics in class action alleging violations of EFTA and Reg. E for allegedly misrepresenting that ATM transactions would be surcharge free.
  • Engineering Solutions & Products, LLC v. CACI Technologies, Inc. (E.D. Va. 2013). Successfully defeated ESP's motion for temporary restraining order seeking to enjoin CACI's termination of a subcontract under a major Army procurement. CACI has moved to compel arbitration or in the alternative have the case dismissed. Case settled favorably on eve of trial.
  • Trustee v. Wells Fargo Bank, N.A. (E.D. Va. Bankr. 2011). Defended Wells Fargo in a fraudulent conveyance action brought by Bankruptcy Trustee to recover loan payments made in connection with illegal loan scheme. Case settled with Court approval.
  • Northern Trust Bank, FSB v. Wells Fargo Bank, N.A. (E.D. Va. 2011). Obtained summary judgment for Wells Fargo in lawsuit alleging fraud and conspiracy in connection with an illegal loan scheme by a borrower. (2012 WL 591394, 464 B.R. 269 (E.D. Va. Feb. 7, 2012).) 
  • CenturyLink, Inc. v. DISH Network LLC (S.D.N.Y. 2011). Represented CenturyLink in a breach of contract lawsuit against DISH for failure to pay Monthly Incentive Fees as required by contract. Court granted summary judgment on liability for CenturyLink and ordered DISH to pay past incentives, pre-judgment interest and legal fees. (2012 WL 3100782 (S.D.N.Y. July 31, 2012).) Second Circuit Court of Appeals affirmed the liability finding but remanded on damages issues. Case settled on eve of trial after limited discovery.
  • In re Cardtronics ATM Fee Notice Litigation (S.D. Cal. 2010). Obtained summary judgment for Cardtronics in a Multi District Litigation proceeding involving multiple lawsuits alleging violation of Electronic Fund Transfer Act. The Court's opinion, for the first time, applied and granted judgment on the "bona fide error" defense, one of EFTA's affirmative defenses to ATM operators. (874 F. Supp. 2d 916 (S.D. Cal. 2012).) Affirmed by Ninth Circuit Court of Appeals.
  • Desmond and Delta Analysis Group v. Science Applications International Corp. (Fairfax County, Va. Cir. Ct. 2013). Represented Leidos (previously SAIC) in a lawsuit filed by a subcontractor alleging bad faith refusal to allow novation of a subcontract.
  • In re Tribune Co. Fraudulent Conveyance Litigation (S.D.N.Y. 2011). Defending E*TRADE in a series of class action lawsuits alleging constructive fraudulent transfers resulting from the failed leverage buyout ("LBO") of the Tribune Company.
  • Roling, et al. v. E*TRADE Securities LLC (N.D. Cal. 2010). Obtained summary judgment in nationwide consumer class action lawsuit alleging improper assessment of Account Maintenance Fees ("AMFs") and asserting claims for breach of contract, violation of Cal. Civ. Code § 1671 and California's consumer protection statute, § 17200. (860 F. Supp. 2d 1035 (N.D. Cal. 2012).) Court also dismissed New York General Business Law § 249 claim. (860 F. Supp. 2d 1029 (N.D. Cal. 2012).) 
  • E*TRADE Financial Corp. v. Deutsche Bank AG (S.D.N.Y. 2005). Lead trial counsel in a three-week accounting fraud and breach of contract trial. Awarded over $24 million (including attorneys' fees) for breach of stock purchase agreement in connection with E*TRADE's acquisition of a Deutsche Bank subsidiary. Motion for Judgment on the Pleadings denied and fraud claims allowed to proceed. (420 F. Supp. 2d273 (S.D.N.Y. 2006)). Motion for Summary Judgment denied. (2008 WL 2428225 (S.D.N.Y. 2008)). Judgment for E*TRADE. (631 F. Supp. 2d 313 (S.D.N.Y. 2009)). Affirmed by Second Circuit Court of Appeals. (2010 WL 1196814 (2d Cir. 2010).) 
  • Lee v. XO Communications, LLC (C.D. Cal. 2011). Defended XO in a class-action lawsuit alleging unfair business practices, intentional fraud and negligent misrepresentation. Court granted XO's motion to dismiss for lack of standing. (2011 WL 164080 (C.D. Cal. 2011).) 
  • Space Exploration Technologies Corp. ("SpaceX") v. D.T. Gruelle Company Group (S.D.N.Y 2012). Prosecuted a lawsuit on behalf of SpaceX alleging breach of contract, civil extortion, violation of California unfair competition law, breach of fiduciary duty, and unjust enrichment. The case settled after a mandatory settlement conference with the Court.
  • Welikson v. E*TRADE Securities LLC and E*TRADE Financial (N.Y. Supp. Ct. 2012). Defended E*TRADE in a lawsuit alleging improper liquidation of Sirius shares to cover inactivity fees. Court granted E*TRADE's motion to compel arbitration. (2012 WL 3687487 (N.Y. Supp. Aug. 2, 2012).)
  • Meehan v. DynCorp International, Inc., et al.(E.D. Va. 2010). Defended DynCorp International, Inc. in a shareholder class action seeking to enjoin the "going private" merger between DynCorp and a private equity firm. The plaintiff alleged that DynCorp and its Board violated federal securities laws and breached its fiduciary duty by failing to maximize shareholder value. Plaintiff's motion for expedited discovery was denied and plaintiff eventually dismissed the lawsuit.
  • TW Telecom Holdings, Inc. f/k/a Time Warner Telecom Holding, Inc. v. XO Communications Services, Inc. (D. Colo. 2010). Defended XO in litigation brought by a competitive local exchange carrier seeking back payments for switched access charges pursuant to 30 separate federal and state tariffs governing interstate and intrastate access charges. Cases settled favorably.
  • Hansen, Richard, as Sellers' Agent, et al. v. Science Applications International Corp. (SAIC) (JAMS Arbitration 2010). Defended SAIC in a JAMS arbitration involving multiple indemnity claims arising out of SAIC's acquisition of a defense contractor in 2006. The case settled favorably on the second day of arbitration.
  • U.S. LEC Communications, et al. v. Qwest Communications Company, LLC (D.N.J. 2010). Defended Qwest in a billing dispute case asserted by a conglomerate of local phone companies. Plaintiffs sought payment of undercharges for switched access services over several years and alleged violation of state tariffs, breach of contract and unjust enrichment. The case settled favorably.
  • Avanti Launch Services Ltd. v. SpaceX (AAA Arbitration 2009). Defended SpaceX, a private commercial rocket manufacturer that launches satellites and other payloads into orbit, in an arbitration brought by Avanti, a start-up U.K. satellite services company, alleging breach of contract and seeking consequential damages.
  • XOS Technologies v. Convizion, et al. (N.Y. Sup. Ct. 2010) and Convizion, et al. v. XOS Technologies (Fla. Cir. Ct., Broward County 2010). Represented XOS in a fraud and breach of contract case arising out of XOS's acquisition of Collegiate Images. After the New York Court denied Convizion's motion to dismiss and the Florida action was stayed, the parties settled the lawsuit favorably.
  • Frels v. Qwest Corporation, et al. (D. Minn. 2010). Defended Qwest in a class-action lawsuit alleging "cramming" against Qwest and several payment aggregators. Plaintiff asserts claims under various state consumer protection laws on behalf of a putative class of more than five million Qwest landline subscribers in the U.S. Court granted Qwest's motion to dismiss in its entirety. (2010 WL 8901569 (D. Minn. Oct. 20, 2010).) 
  • Blackboard Inc. v. Zimmers, et al. (D.D.C. 2009). Represented public educational software company in breach claims over patent ownership. Case settled after several months of litigation and briefing on a variety issues.
  • Edmond Scientific Corp. v. Science Applications International Corp. (SAIC) (Fairfax County, VA Cir. Ct. 2009).Defended temporary restraining order alleging that SAIC breached anon-compete agreement in connection with a bid for a Department of Veterans Affairs procurement.
  • Science Applications International Corp. (SAIC) v. CACI-Athena, Inc. (E.D. Va. 2008).Obtained emergency temporary restraining order against SAIC's subcontractor CACI–Athena, requiring them to comply with contract to bid on proposal for critical government intelligence services in Iraq and Afghanistan. (2008 WL 2009377 (E.D. Va. 2008).)
  • Crest Communications Corp. v. Alaska Communications Systems Group, Inc., (JAMS Arbitration 2008).Prosecuted breach of contract claims arising from a stock purchase agreement on behalf of the Selling Shareholders of Crest Communications, and defended against indemnity claims alleging breach of contract and fraud. The case settled before arbitration.
  • Monti v. Billing Concepts, Inc., et al. (N.D. Cal. 2009). Defended both Qwest Communications Co. and Billing Concepts in a putative class-action lawsuit alleging unfair and deceptive telephone billing practices and violations of Section 2890 of the California Public Utilities Code. Case settled favorably after Defendants filed motion to dismiss based on FCC and state regulations.
  • Guadagno, et al. v. E*TRADE Bank (C.D. Cal. 2008). Nationwide class action alleging violations of federal and California consumer protection statutes relating to E*TRADE's "bill-pay" service. Court granted E*TRADE's motion to compel arbitration (including class action waiver) on some claims and dismissed other claims as preempted. (592 F. Supp. 2d. 1263 (C.D. Cal. 2008).)
  • E*TRADE Financial Corp., et al. v. Banc of America Investment Services, et al.(S.D.N.Y. 2008). Obtained preliminary injunction against Banc of America and individual financial advisors for theft of E*TRADE's trade secrets and unlawful solicitation of E*TRADE's customers.
  • Nathanson v. Cardtronics, LP (C.D. Cal. 2008). Defended Cardtronics in a consumer class action alleging violations of California Financial Code, Section 13080; California Consumers Legal Remedies Act, Section 1750; and California's consumer protection statute, Section 17200. After Cardtronics filed a motion to dismiss, the case settled favorably.
  • Qwest Communications Corp. v. Global NAPs, Inc. (E.D. Va. 2006). Prosecuted declaratory judgment and breach of contract action over network charges. Court dismissed $72 million counter claim and case settled favorably shortly after.
  • Silvas v. E*TRADE Mortgage Corp. (S.D. Cal. 2005).Obtained dismissal of class action lawsuit alleging violation of the Truth-in-Lending Act and California's consumer protection statute, Section 17200. (421 F. Supp. 2d 1315 (S.D. Cal. 2006).) Affirmed by the Ninth Circuit. (514 F.3d 1001 (9th Cir. 2008).) 
  • Mangini v. E*TRADE Securities LLC (Cal. Sup. Ct. 2008). Defended E*TRADE in a class action alleging breach of contract related to unlawful assessment of account maintenance fees. Plaintiff dismissed the case based on E*TRADE's demurrer to the class action Complaint.
  • McLeodUSA Telecommunications v. Qwest Communications, et al. (N.D. Iowa 2006). Defended Qwest in compensation claims under federal and state tariffs.
  • Pershing v. Harrisdirect LLC, et al. (NASD 2006). Defended E*TRADE Financial in breach of contract action over clearing agreement brought as a result of E*TRADE's acquisition of online broker Harrisdirect. Case settled after arbitration hearings.
  • Qwest Corporation v. AT&T Corp. (D. Colo. 2003). Prosecuted Qwest's claims against AT&T for over $300 million dollars in unpaid access charges. Case settled favorably on morning of jury selection following Order granting partial summary judgment for Qwest. (371 F. Supp. 2d 1250 (D. Col. 2005).)
  • LifeWise Master Funding v. E*TRADE Bank (D. Utah 2000). Lead trial counsel for E*TRADE Bank in $200 million lender liability suit and three-week jury trial alleging bad faith refusal to fund. Obtained dismissal of case and six-figure award of costs. Dismiss al affirmed by the Tenth Circuit. (374 F.3d 917 (10th Cir. 2004).)
  • Murray v. E*TRADE Financial Corp., et al. (N.D. Ill. 2005). Defended E*TRADE Financial and E*TRADE Bank against an alleged violation of the Fair Credit Reporting Act. Case settled favorably.
  • Jones v. E*TRADE Mortgage Corp. (S.D. Cal. 2002). Defended E*TRADE Mortgage in class action lawsuit alleging violation of the Truth-in-Lending Act and California's consumer protection statute, Section 17200. Class certification denied and case settled favorably. (2006 WL 581257 (S.D. Cal. 2006).)
  • Coventry First LLC v. 21st Services (E.D. Pa. 2004). Defended viatical underwriter against contract, tort, antitrust and deceptive trade practices act claims.
  • Teleglobe Communications Corp. v. VarTec Telecom (AAA Arbitration 2004). Lead trial counsel in post-closing dispute and two-week arbitration over value of $500 million in alleged indemnity claims arising from sale of Excel Communications.
  • Yeger, et al. v. E*TRADE Securities (N.Y. Sup. Ct. 2004). Defended E*TRADE Securities in putative nationwide class action alleging improper assessment of account maintenance fees. Class decertified by Appellate Division, First Department. (884 N.Y.S.2d 21 (N.Y.A.D. 1st Dept. 2009).)
  • Shriners Hospital and Teachers' Retirement System v. Qwest Communications International et al. (D. Col. 2004).Represented former Qwest Communications executive in private securities fraud actions. Majority of the claims were dismissed and the case settled favorably. (2005 WL 2350569 (D. Colo. 2005)) and (2005 WL 2359311 (D. Colo. 2005).)
  • Davel Communications, et al. v. Qwest Corporation (W.D. Wash. 2003). Obtained dismissal of lawsuit brought by 36 plaintiffs seeking damages related to Qwest's provision of payphone access lines. The Ninth Circuit remanded case to District Court where it was stayed pending FCC rulings, and the parties settled shortly thereafter . (451F.3d 1037 (9th Cir. 2006).) 
  • SEC v. Arnold, et al. (D. Col. 2003). Represented former Qwest Communications executive in securities fraud suit brought by the SEC. The parties entered into a settlement agreement which was approved by the SEC.
  • Commonwealth of Massachusetts, et al. v. E*TRADE Access (D. Mass. 2003). Represented ATM network owner in dispute over whether the Americans with Disabilities Act requires retrofitting of ATM fleet to provide voice accessibility. (2005 WL 2511059 (D. Mass. Feb. 22,2005).) 
  • Polo v. E*TRADE Access, et al. (M.D. Fl. 2003). Represented E*TRADE subsidiary that managed network of 15,000 ATMs in putative class action, alleging overcharges under the Federal Electronic Fund Transfer Act. Defeated class certification and case settled favorably. (232 F.R.D. 399 (M.D. Fl. 2004).)
  • State Universities Retirement Systems of Illinois v. Qwest Communications International, et al. (Cook County Circuit Court, Ill. 2003). Represented former Qwest Communications executive in private securities fraud action. Qwest executive dismissed from case.
  • Sampanetti v. E*TRADE Mortgage Corp. (N.D. Ill. 2002). Obtained dismissal of putative class action against mortgage company alleging violation of Federal Truth-in-Lending Act. (2002 U.S. Dist. LEXIS 21443 (N.D. Ill. 2002).)
  • Qwest Communications v. Blackstone Calling Card, Inc. (E.D. Va. 2002). Prosecuted Qwest's claims against prepaid calling card company. Obtained favorable settlement.
  • In re Qwest Communications Corp. Payphone Service Providers Compensation Litigation (M.D.L. Panel 2002);APCC Serv., Inc. v. Qwest Communications Corp. (D.D.C. 2001). Lead counsel in proceeding before the Multi-District Panelon Litigation consolidating over 35 individual lawsuits alleging claims by payphone service providers for compensation under FCC regulations. Obtained dismissal of lead case, remaining case transferred to D.C. District Court and parties eventually settled.
  • Gipson v. Qwest Communications (D. Ala. 2002). Obtained dismissal of nationwide class action alleging "slamming" of long distance telephone customers.
  • E*TRADE Bank v. Prism Mortgage Corp. (E.D. Va. 2002). Represented E*TRADE Bank in contract dispute over purchase of loan portfolio. Settled favorably.
  • Collegeware Asset Management v. E*TRADE Group, Inc., et al. (S.D.N.Y. 2002). Defended E*TRADE as underwriter of IPOs in consolidated class actions alleging fraud in connection with pricing allocation of IPO shares.
  • America Online, Inc. v. E*TRADE Group, Inc. (Loudoun County, Va. Cir. Ct. 2001). Obtained dismissal of $200 million contract claim by AOL over online advertising contract.
  • First Cash Financial Services, Inc.Represented finance company in employee discrimination cases:
    • Johnson-Tanner v. First Cash Financial Services, Inc. (D. D.C. 2001) (239 F. Supp. 2d 34 (D.D.C. 2003).)
    • Williams v. First Cash Financial Services, Inc., et al. (D.C. Sup. Ct. 1999).
  • Opsahl v. E*TRADE Bank (E.D. Va. 2000). Represented E*TRADE Bank in dispute with former executive over stock options. Case settled favorably.
  • Advamtel, et. al. v. AT&T Communications and Sprint Corp.(E.D. Va. 2000). Lead counsel for consortium of 16 CLECs in suit against AT&T and Sprint for unpaid access charges. (105 F. Supp. 2d476 (E.D. Va. 2000)105 F. Supp. 2d 507 (E.D. Va. 2000); 118 F. Supp. 2d 680 (E.D. Va. 2000) ; and 125 F. Supp. 2d 800 (E.D. Va. 2001).)
  • Guyana Telephone & Telegraph v. Melbourne (S.D. Fla. 2000). Brought RICO action on behalf of Guyana state-owned telephone company seeking to recover fraudulently withheld settlement payments.
  • National Discount Brokers Arbitrations Obtained dismissal of all customer claims:
    • Manoff v. National Discount Brokers (NASD Arbitration 2000).
    • Vina v. SureTrade and Sherwood Securities, et al. (NASD Arbitration 2000).
    • Bova v. National Discount Brokers (NASD Arbitration 1999).
    • Briscoe v. Sherwood Securities, et al. (NASD Arbitration 1998).
    • Goldberg v. National Discount Brokers, et al. (NASD Arbitration 1998).
    • Valtchev v. National Discount Brokers (NASD Arbitration 1996).
  • Safeway v. Seven Locks Plaza LLC (Montgomery County, Md. Cir. Ct. 1999). Obtained summary judgment for real estate partnership in damages and specific performance action brought by supermarket chain over development rights to supermarket site.
  • U.S. West Communications v. Jennings, et al. (D. Ariz. 1999). Defended e.spire Communications and other CLECs against action brought by incumbent local exchange carrier, challenging terms of interconnection agreements. (46 F. Supp. 2d 1004 (D. Ariz. 1999).)
  • U.S. West Communications v. Public Service Commission of Utah, et al.(D. Utah 1999). Obtained summary judgment on behalf of Defendant Western Wireless Corporation against incumbent local carrier in claim for reciprocal compensation. (75 F. Supp. 2d 1284 (D. Utah 1999).)
  • Boulevard Entertainment v. Winstar Communications (C.D. Cal. 1999). Defended carrier against damages action alleging failure to reserve numbers in toll-free database.
  • e.spire Communications.Represented CLEC in commercial arbitrations seeking unpaid reciprocal compensation for ISP-bound traffic. Obtained multi-million dollar awards.
    • e.spire Communications v. BellSouth (AAA Arbitration 1999).
    • e.spire Communications v. GTE (AAA Arbitration 1999).
  • FDIC v. Schuchmann (D. N.M. 1999). Trial counsel for former thrift owner sued by the FDIC for breach of fiduciary duty and negligence in connection with failure of New Mexico thrift. Obtained defense verdict on all claims. (235 F.3d 1217 (10th Cir. 2000) ; 224 F. Supp 2d 1332 (D. N.M. 2002).) 
  • United States v. Schuchmann (N.D. Tex. 1992). Trial counsel in criminal jury trial against former thrift owner accused of bank fraud. District Court granted Judgment of Acquittal, affirmed by the Fifth Circuit (84 F.3d 752 (5th Cir. 1996).) 
  • Starke v. Excel Communications (S.D. Ohio 1998). Defended Texas-based IXC in class action alleging billing of unauthorized fees and charges.
  • Schmidt v. Excel Communications (N.D. Ill. 1998). Defended long distance carrier in putative nationwide class action alleging "slamming" and "cramming."
  • Stratesec v. ADT Security Services, Inc. (E.D. Va. 1998). Represented security company in injunction proceeding and lawsuit over replacement of contractor for security services at Washington Dulles International and Washington Reagan National Airports. Injunction denied, case settled.
  • Defended consumer class actions brought against billing aggregator company alleging "slamming" and "cramming".
    • Ahearn v. Billing Concepts, Inc. (Ill. Chancery Ct. 1998).
    • Saltzmann v. Billing Concepts, Inc. (Ill. Chancery Ct. 1997).
    • Castellanos v. US Long Distance, Inc. (Ill. Chancery Ct. 1996).
  • In re NOS Communications Billing Practices Litigation (D. Nev. 1997). Represented long distance reseller in multi-district litigation proceeding consolidating eight class action lawsuits alleging fraudulent billing scheme under tariff.
  • Teleglobe USA v. USA Global Link, Inc. (Va. Cir. Ct. 1997). Represented largest Canadian carrier in dispute alleging fraud in connection with international callback program. (1999 WL 370413 (Va. Cir. Ct. 1999); 2000 WL 977352 (Va. Cir. Ct. 2000).)
  • Worldcom v. MCI (D. Miss. 1997). Represented Worldcom (before merger with MCI) in TRO proceeding involving network service termination.
  • United States v. Besicorp Group, Inc. (S.D.N.Y. 1997). Defended public company in campaign finance fraud investigation and prosecution related to New York Congressional campaign.
  • CAIS Internet v. Terk Technologies (AAA Arbitration 1997). Represented Internet service provider in royalty dispute with license-holder of home networking technology.
  • U.S. West Communications v. Reinbold, et al. (D. N.D. 1997). Represented Western Wireless Corporation in appeal of an order from the North Dakota PSC adopting the Interconnection Agreement. (1997 WL 1179956 (D. N.D. 1997); 1999 WL 1129069 (D. N.D. 1999).)
  • Genesis Two v. WorldCom (D. N.J. 1996). Defended WorldCom in TRO and PI action involving proper ownership and transfer of 800 number.
  • IPCO Safety Corp. v. WorldCom, Inc. (D. N.J. 1996). Obtained referral of all claims against WorldCom to FCC under doctrine of primary jurisdiction. (944 F. Supp. 352 (D. N.J. 1996).) 
  • United States v. Emmott (E.D. Tex. 1989). Lead prosecutor in jury trial relating to bank fraud scheme to fund a gold mine in Liberia. Obtained conviction on all 44 counts and 12 year sentence. Conviction affirmed by the Fifth Circuit (907 F.2d 148 (5th Cir. 1990).)
  • United States v. York (W.D. Tex. 1987). Tried and handled appeal of criminal bank fraud case resulting in conviction and 35-year sentence. (888 F.2d 1050 (W.D. Tex. 1989).) 

Reprinted from Westlaw with permission of Thomson/West. If you wish to check the currency of this case, you may do so using KeyCite on Westlaw by visiting http://www.westlaw.com.

Related Contacts
Douglas P. Lobel Partner, Reston