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Complex Civil Litigation

May 8, 2012

As founder and Managing Partner with Myron M. Cherry & Associates, LLC, Myron Cherry focuses on complex civil litigation matters encompassing commercial law, securities, antitrust, labor/employment, and corporate governance. Prominent cases in which his firm has achieved significant settlements over the past decade include Mansfield v. Air Line Pilots Association International (2010) and Ventas v. Sullivan & Cromwell (2006).

In the latter case, Mr. Cherry pursued a suit initiated by Kentucky-based Ventas, Inc. in 2002 against its former legal counsel. The case arose from conflicting legal advice given during the firm’s reorganization, resulting in the payoff of public debt totaling approximately $1 billion. While the statute of limitations had been exceeded in the Ventas’ corporate home state, Myron Cherry managed to creatively engineer an alternative venue and jurisdiction in a state where the statute of limitation had not yet rum. Myron M. Cherry & Associates was successful on all procedural motions against strong Sullivan & Cromwell objections, achieving a $25.5 million settlement shortly before trial was scheduled to begin. This payout, not quite the highest ever achieved in such a case, significantly exceeded plaintiff expectations.

Myron Cherry’s experience in employment law includes a recent case defending sexual harassment “pattern or practice” litigation brought by the Equal Employment Opportunity Commission (EEOC) against a major management consulting firm. In the landmark decision, Mr. Cherry’s firm obtained a district court ruling that significantly altered the way in which sexual harassment class actions are handled. In particular, individualized proof is now required for each class-action member and the longstanding EEOC practice of seeking global punitive damage awards has been determined illegal. In addition to his private practice work, Mr. Cherry holds responsibilities as Adjunct Professor of Trial Practice at Chicago’s Northwestern University Law School.

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