Christopher R.J. Pace

Litigation Experience

• United American Corp. v. Bitmain, Inc. (S.D. Fla.) – Represented Bitmain Technologies Ltd., Bitmain, Inc., and Bitmain Technologies’ co-founder and former chairperson Jihan Wu against claims that they conspired with other companies and software developers to manipulate the Bitcoin Cash cryptocurrency market. Prevailed against all claims on motion to dismiss.
• Glen v. American Airlines, Inc. (N.D. Tex.; 5^thCircuit) – Represented American Airlines against a claim that it violated the Helms Burton Act (HBA) arising from reservations placed at resorts in Cuba built on property that the plaintiff claimed was confiscated from his family. Prevailed in District Court and before 5^thCircuit on issue of first impression that individual cannot maintain a claim under the HBA when he inherited the claim after 1995.
• AER Advisors, Inc., et al. v. Fidelity Brokerage Services, LLC (D. Mass.; 1^stCircuit) – Represented Fidelity Brokerage Services, LLC against claims that investment advisor and clients were damaged by Fidelity allegedly filing suspicious activity reports with US Government. Successfully defeated all claims in District Court and successfully defended judgment on appeal to the 1^stCircuit.
• Florida Power & Light Co., et al. v. Nuclear Energy Institute, Inc. (S.D. Fla.) – Represented the Nuclear Energy Institute, Inc. (“NEI”) against claims by affiliates of NextEra Energy, Inc. that NEI breached its contracts with the affiliates and tortiously interfered with their businesses. Successful obtained summary judgment on eve of trial against all claims brought against NEI.
• Rossi, et al. v. Darden, et al. (S.D. Fla.) – Represented an investment company, alternative energy technology companies, and senior executives against claims by alleged inventor and his company against various claims, including breach of contract, unjust enrichment and trade secret misappropriation. Secured “walk away” settlement during trial with all claims dismissed against clients without any of them paying any money to plaintiffs.
• In re Denture Cream Products Liability Litigation (MDL; S.D. Fla.; 11^thCircuit) – Represented The Procter & Gamble Company and two affiliates (“P&G”) in cases coordinated in multidistrict litigation proceeding alleging that P&G denture cream product caused neurological damage to plaintiffs. In multiple rulings, the District Court barred all of plaintiffs’ causation experts under Daubert v. Merrill Dow Pharmaceuticals, Inc., and thereafter granted summary judgment to P&G because the plaintiffs could not prove causation. Successfully defended District Court’s judgments in multiple appeals to the 11^thCircuit, and successfully opposed a petition seeking certiorari review by the US Supreme Court.
• 3B Medical, Inc. v. ResMed, Inc. (M.D. Fla.) – Successfully resolved antitrust litigation on behalf of ResMed Corp. brought by competitor 3B Medical, Inc. alleging monopolization and exclusive dealing.
• Florida Gaming Centers, et al. v. Innovation Capital, LLC, et al. (Florida 11^thJudicial Circuit) – Represented a boutique investment bank and its senior executives both in securing the dismissal of claims brought against them by Florida Gaming Centers and Florida Gaming Corporation, and in prosecuting a contingent claim against the Florida Gaming parties in their ensuing bankruptcy proceedings.
• In re Managed Care Litigation (S.D. Fla.) – Secured summary judgment for a health insurer/managed care company against a nationwide certified class of health care providers who alleged that the company conspired with other insurers to under-reimburse the providers. Also represented the company on a successful appeal upholding the summary judgment award. At an earlier stage in the litigation, the case involved a successful petition for certiorari to the U.S. Supreme Court, which reversed a court of appeals decision and held that certain of the provider plaintiffs’ claims against the company needed to be resolved in arbitration.
• In re WellPoint, Inc. Out-of-Network “UCR” Rates Litigation (C.D. Cal.); Franco v. Connecticut Gen. Life Ins. Co. (CIGNA), et al. (D.N.J.) – Defeated antitrust and RICO claims brought against a health insurer/managed care company and a health care technology company in a California multidistrict litigation proceeding and a separate New Jersey case. The plaintiffs alleged in their claims that the companies engaged in nationwide conspiracies to suppress the amounts that out-of-network health care providers were reimbursed for their services.
• American Express Bank v. Credit Suisse (S.D. Fla.) – Represented an investment bank in action brought by a commercial bank alleging that investment bank stole commercial bank’s trade secrets and largest clients in a South American country. Obtained ruling from federal district court reversing ex parte temporary restraining order and holding that law of the South American country had to apply to commercial bank’s claims, including its theft of trade secrets claim. Case thereafter resolved by confidential settlement.
• Roqueta v. Avon Products, Inc., et al. (S.D. Fla.) – Represented a consumer products company in a false advertising class action in Florida federal court. Prevailed on motion to dismiss against the plaintiff’s false advertising claims. Thereafter defeated the plaintiff’s motion to certify a class as to the remaining claims because the decision to purchase the product at issue involved many individualized variables. Plaintiff dismissed lawsuit after losing class certification.
• Palmdale Hills Property, LLC, et al. v. Lehman Commercial Paper, Inc. (C.D. Cal. Bankr.; 9^thCircuit Bankruptcy Appellate Panel; 9^thCircuit) – Represented Lehman Commercial Paper against attempt by debtors in California bankruptcy proceedings to equitable subordinate Lehman’s security interests. Successfully appealed to 9^thCircuit BAP, which held that debtors could not equitable subordinate Lehman’s security interests because Lehman was protected by the automatic stay from its own bankruptcy (pending in Southern District of New York). Successfully defended BAP’s judgment on further appeal to the 9^thCircuit Court of Appeals.

Investigations Experience

• Represented an individual investigated by the U.S. Securities & Exchange Commission for alleged violations of the Foreign Corrupt Practices Act in relation to the sale of certain oil field concessions in Argentina. The investigation resolved with no SEC charges filed against the individual.
• Represented the general counsel of a health care company in connection with Department of Justice and Securities & Exchange Commission investigations into potential criminal and civil violations over the operation of the company and its eventual failure. The investigation resolved with no criminal or SEC charges filed against the general counsel.
• Represented a former investment banker in connection with a grand jury investigation into alleged fraud and improper payments to government officials in connection with swap agreements entered by a governmental entity. The investigation resolved without criminal or civil charges being brought against investment banker.
• Represented a pharmacy benefits manager in federal grand jury investigations into whether various pharmaceutical manufacturers violated “best price” or kickback provisions of federal law as a result of their arrangements with company. The investigations resolved with no charges brought against the pharmacy benefits manager.