Daniel Slifkin

Slifkin’s representative matters include:

Securities and Derivative Litigation

• On behalf of current and former members of the Tesla Board of Directors, Mr. Slifkin has litigated complex actions in the Delaware Court of Chancery, including:

  • Representing Tesla CEO and Board member Elon Musk and other current and former members of the Tesla Board of Directors in a derivative action concerning Mr. Musk’s compensation package, which is currently on appeal before the Delaware Supreme Court.

  • Represented Mr. Musk in winning a complete trial victory to defeat a $13 billion stockholder derivative action related to Tesla’s $2.1 billion acquisition of SolarCity Corporation. Following a highly publicized 11‑day trial, the court granted judgment in favor of Mr. Musk on all counts, and the judgment was affirmed by the Delaware Supreme Court. 

• Representing select members of SunPower Corporation’s Board of Directors in a stockholder derivative action filed in the Delaware Court of Chancery in connection with the sale of SunPower’s commercial and industrial business to a subsidiary of TotalEnergies.

• Representing Sana Biotechnology, its CEO and CFO in putative class action securities litigation filed in Washington federal court alleging defendants made false and misleading statements concerning the company’s operations.

• Represented Robinhood in putative class action securities litigation—part of multidistrict litigation involving dozens of class actions centralized in Florida federal court—arising out of Robinhood’s decision to temporarily place certain limits on trading in certain securities in the face of unprecedented market volatility. The court denied class certification on the securities claims.

• Representation of Anadarko Petroleum in putative class action securities litigation in Texas federal court and double derivative litigation in Delaware federal court concerning the company’s business and operations in the Shenandoah deepwater oil field.
• Secured the dismissal of putative securities class action litigation filed against Occidental Petroleum and certain of its officers and directors in New York state court relating to securities offerings conducted in connection with its $57 billion acquisition of Anadarko Petroleum. 
• Secured a favorable settlement for First Solar in a securities class action in Arizona federal court alleging that First Solar and several of its officers and executives misrepresented the company’s financial state, concealed material facts and committed accounting violations. Mr. Slifkin also represented First Solar in a related opt‑out class action and in a related derivative action.
• Represented Akorn and its executive officers in a consolidated securities class action lawsuit and in a consolidated derivative action in Illinois federal court. Mr. Slifkin also represented Akorn in related shareholder derivative actions and an SEC investigation.
• Represented Vivendi for over a decade in some of the most significant and complex securities actions in recent history, including in a long-running class action that culminated in a four-month long, “f-cubed” securities fraud jury trial, and in a four-week jury trial over securities and contract claims brought by Liberty Media.
• Represented JPMorgan Chase and related entities (including Bear Stearns and Washington Mutual) in numerous RMBS actions filed across the country, including the first two major RMBS investor actions to proceed through conclusion of discovery and summary judgment. In one action, Mr. Slifkin secured a judgment that removed from litigation bonds worth $8 billion. 
• Represented Lucent Technologies and several of its directors and officers in over 50 shareholder and related ERISA, bondholder, debt security holder, derivative and state securities law litigations, all of which settled on favorable terms.

Antitrust Litigation

• On behalf of Morgan Stanley, Mr. Slifkin has litigated several individual and class action lawsuits in New York federal court alleging collusion among banks to restrain competition, including:
  • In re Interest Rate Swaps Antitrust Litigation: settled a putative class action alleging dealers conspired to block exchange trading of IRS.
  • Iowa Public Employees’ Retirement System, et al. v. Bank of America Corporation, et al.: a class action alleging that prime brokers conspired to block anonymous peer-to-peer trading platforms for securities lending. 
  • In re Credit Default Swaps Antitrust Litigation: settled an action alleging a conspiracy to block exchange trading of CDS. Mr. Slifkin also advised Morgan Stanley in related DOJ and European Commission inquiries that closed with no action taken against Morgan Stanley.
• Represented Westpac Banking Corporation in the Bank Bill Swap Rate (BBSW) Antitrust Litigation, a class action lawsuit in New York federal court alleging manipulation of the Australian Bank Bill Swap Reference Rate.

Arbitration

• Represented Alcoa in an arbitration in Geneva conducted under International Chamber of Commerce rules regarding the shipment of bauxite from West Africa. He also represented Alcoa in an arbitration with The Fairchild Corporation concerning indemnification claims. Following a two‑week arbitration trial, the arbitrator found in favor of Alcoa, a ruling that was upheld after a challenge before the District Court.
• Represented a major American industrial company in an arbitration in London, conducted under International Chamber of Commerce rules, against one of its European customers in a dispute as to the correct interpretation of the contracts between the parties.
• Represented a European auto parts manufacturer in an arbitration before the American Arbitration Association regarding a breach of contract and breach of fiduciary duty dispute arising out of a joint venture agreement between the company and a Mexican auto parts manufacturer.

Bankruptcy Litigation

• Represented Minerals Technologies’ (“MTI”) interests in the bankruptcy estate of Novinda Corporation, which included defending MTI against allegations of fraud and breach of contract in an arbitration brought by the estate. Mr. Slifkin secured a favorable decision following a three‑week arbitration.
• Represented Allied World Assurance Company in an adversary proceeding brought in New York bankruptcy court by successors to the estate of MF Global Holdings to recover on excess insurance policies, securing an order compelling arbitration of the dispute in Bermuda.
• Represented Alcoa in an adversary proceeding brought by the Trustee of Longview Aluminum LLC and secured summary judgment for Alcoa on all claims.
• Represented Lucent Technologies in an adversary proceeding brought by the Chapter 7 trustee of Winstar Communications alleging that Lucent breached various agreements related to the expansion of Winstar’s worldwide broadband network, which culminated in a 21‑day bench trial. 

General Commercial Litigation

• Secured a favorable settlement for Yale New Haven Health (“YNHH”) in litigation in Connecticut claiming that Prospect Medical Holdings breached an Asset Purchase Agreement concerning the acquisition of three Connecticut hospitals and that YNHH was not required to close the transaction. Mr. Slifkin also represented YNHH in related bankruptcy issues in connection with the chapter 11 proceedings of Prospect.
• Represented Forward Air Corporation in connection with an action filed by Omni Logistics, LLC in the Delaware Court of Chancery, which sought to compel Forward Air to close its proposed acquisition of Omni. On the day trial was scheduled to begin, the parties announced a settlement, agreeing to amend the merger agreement on terms favorable to Forward Air and dismiss their claims.
• Represented Akorn in one of a handful of cases regarding termination rights arising from material adverse event (MAE) provisions in merger agreements to be tried to a decision, and the first such appeal decided by the Delaware Supreme Court.
• Represented the Republic of Argentina in overturning extraordinary injunctions in the district court and in an expedited appeal before the Second Circuit. The victory allowed Argentina to resolve litigation with “holdout” creditors and launch a record $16.5 billion bond deal.
• Represented IBM in a breach of contract action relating to the sale of IBM’s printer division to Lexmark and obtained a judgment in excess of $55 million in IBM’s favor following a two-week bench trial.
• Represented Morgan Stanley as plaintiff in a breach of contract action against Discover Financial Services and won summary judgment, after which Discover settled, paying Morgan Stanley $775 million.