Alexander L. Cheney

• Daily Journal, Top Verdicts, 2024
• Legal 500 U.S., Recommended Lawyer, Dispute Resolution: General Commercial Disputes, 2024
• Benchmark Litigation, Future Star (California), 2025

Alex’s representative litigation and counseling matters include:

• Oto Analytics, Inc. v. Benworth Capital Partners, LLC:  Obtained trial victory for fintech company in enterprise-threatening commercial arbitration with more than $400 million at stake.  Case involved breach of contract claims and novel regulatory issues concerning the Paycheck Protection Program.  Recognized as Litigator of the Week runner up by The American Lawyer.
• L-5 Healthcare Partners, LLC v. Alphatec Holdings, Inc. (Del. Ch.):  Obtained trial victory in the Delaware Court of Chancery in litigation to enforce an investor’s preemptive rights under a share purchase agreement.  Recognized as Litigator of the Week runner up by The American Lawyer.
• Federal Trade Commission v. Oto Analytics, Inc.:  Represented fintech company in investigation and subsequent litigation by the FTC for deceptive trade practices.  Settled claims for less than 1% of the FTC’s alleged potential damages and penalties.
• eCORP Int’l, LLC, et al. v. Texican Natural Gas Co., et al. (Tex. Dist. Ct.): Represented Enstor Gas, a natural gas storage company, in action alleging theft of trade secrets.
• Age Group, Ltd. V. Martha Stewart Living Omnimedia, Inc. (N.Y. Sup.): Represented Martha Stewart Living in litigation arising out of a licensing agreement for the development of Martha Stewart branded pet products.
• Construction Laborers Pension Trust for S. Cal. v. CBS Corporation, et al. (S.D.N.Y): Represented CBS Corporation in a putative securities class action arising out of allegations of wrongdoing by former CEO Leslie Moonves.
• Bankruptcy of the Commonwealth of Puerto Rico (D. P.R.): Represented Agent for the Puerto Rico Sales Tax Financing Corporation (COFINA) in dispute over $20 billion in tax proceeds, which The Wall Street Journal called “one of the thorniest conflicts in Puerto Rico’s unprecedented, court-supervised bankruptcy.”
• In re Pace Industries, LLC (Bankr. D. Del.):  Defeated shareholder’s attempt to block bankruptcy filing, setting new precedent in Delaware on the fiduciary obligations of shareholders with blocking rights.
• Congressional Investigation: Represented client in U.S. House of Representatives Select Subcommittee on the Coronavirus Crisis investigation into fraud, waste, and abuse in COVID-19 relief programs.
• In re Lightsquared, Inc. (Bankr. S.D.N.Y.):  Represented Charles Ergen, the founder and controlling stockholder of Dish Network, in the LightSquared bankruptcy, which has been described as “one of the longest and most litigious bankruptcies in recent years.”
• Okla. Firefighters Pension & Retirement Sys., et al. v. Corbat, et al. (Del Ch.): Represented board of directors of Citigroup in derivative litigation alleging failure to comply with anti-money laundering laws.
• Sarissa Capital Domestic Fund LP, et al. v. Innoviva, Inc. (Del Ch.): Advised Sarissa Capital in connection with a proxy contest and in related litigation involving pharmaceutical company Innoviva.