Lincoln, Christine K.

Sarah Lieber's practice focuses on complex corporate and commercial litigation in federal and state courts throughout the country, with a particular concentration in litigation involving mergers and acquisitions and financial products such as collateralized debt obligations (CDOs) and other derivative instruments.

In the context of M&A litigation, Sarah's representations include Harman International and certain of its officers and directors in the various shareholder class and derivative actions leading up to and following Harman's 2007 failed $8 billion merger with a company formed by Kohlberg Kravis Roberts & Co., as well as Nextel in its Delaware Chancery Court dispute with Nextel Partners stemming from the 2005 Sprint-Nextel merger.

With respect to financial products litigation, Sarah has considerable experience representing plaintiffs and defendants in bond, CDO, and other derivative and securitization-related individual and class actions. Much of Sarah's practice has centered around actions seeking injunctive and other equitable and compensatory relief, often on an expedited basis, in connection with disputed questions of indenture interpretation, note acceleration, fraud and other business torts, and fiduciary duty and corporate governance. Currently, Sarah is on the Jones Day team representing The Royal Bank of Scotland in an interpleader action filed by LaSalle Bank relating to a hybrid CDO of ABS, Stack 2002-2 Ltd. In addition, she is on the Jones Day team representing broker-dealer Greenwich Capital Markets, Inc. and issuers Cairn Mezz ABS CDO III, Ltd. and Cairn Mezz ABS CDO III Inc. in a CDO litigation brought by M&T Bank relating to the performance of the CDO's waterfall provisions in an event of default. Sarah was also part of the team that represented Georgia Gulf Corporation in its recent suit in Delaware Chancery Court filed in response to an alleged indenture default notice that sought to accelerate payment of more than $100 million in principal and accrued and unpaid interest on certain of Georgia Gulf's notes.

Sarah's complex litigation experience also extends to:

• securities fraud and commercial class action defense (including successfully obtaining a trial court denial, and then unanimous affirmance of the denial by New York's Appellate Division, of plaintiff's motion for class certification in a case brought against seven primary department store operating divisions of Macy's (formerly Federated Department Stores)

• defending and counseling clients involved in investigations by the SEC and securities industry self-regulatory organizations (including providing clients with prelitigation advise relating to, among other things, stock option backdating and FINRA mark-up regulations) and investigations by the New York State Attorney General's Office and

• appellate representations (including representing IBM acting as amicus curiae in the U.S. Supreme Court patent exhaustion case Quanta Computer v. LG Electronics and Telxon Corporation in its successful appeal before the Ohio appellate courts of a $218 million jury verdict where Telxon obtained a complete reversal of the $218 million jury verdict as well as a directed verdict on all counts, including breach of contract, promissory estoppel, fraud, and misrepresentation relating to the development of new computer-based technology).