Jones v. Harris Associates, U.S. Supreme Court, No. 08-586 (set for argument November 2, 2009). On brief for petitioners, who are mutual fund shareholders claiming multiple breaches of fiduciary duty by their fund adviser in violation of the Investment Company Act of 1940.

Gallus v. Ameriprise Financial, Inc., U.S. Court of Appeals for the Eighth Circuit, No. 07-2945. Principal author of appellate briefs challenging a summary judgment entered against mutual fund shareholders claiming that they were charged excessive advisory fees in violation of the fiduciary duty imposed on investment advisers by the Investment Company Act of 1940. The Eighth Circuit reversed and remanded for trial. See 561 F.3d 816 (8th Cir. 2009). The case constitutes the first time that a claim for breach of fiduciary duty under the ’40 Act has survived a motion for summary judgment.

Take It Away, Inc. v. The Home Depot, Inc., U. S. Court of Appeals for the First Circuit, No. 09-1336. Coauthor of appellate briefs challenging a summary judgment entered against a corporation alleging misappropriation of trade secrets and breach of contract.

IMS Health Inc. v. Ayotte, United States Court of Appeals for the First Circuit, Nos. 07-1945 and 07-2287. Served as a moot court judge to help prepare counsel for oral argument on whether the New Hampshire Prescription Confidentiality Act violates the First Amendment.