News & Events

On August 8, 2011, Simpson Thacher successfully defeated a putative class action plaintiff’s efforts to enjoin the proposed acquisition of its client Varian Semiconductor Equipment Associates, Inc. by Applied Materials, Inc. 

Plaintiff Louisiana Municipal Police Employees Retirement System filed its complaint on July 21, alleging disclosure and breach of fiduciary duty claims under both federal and state law.  LMPERs filed a motion for expedited discovery.  The Court denied discovery on the basis of arguments advanced by the firm on behalf of its clients Varian and its directors.  LMPERs nevertheless pursued its preliminary injunction motion, which was heard today.  In a ruling delivered from the bench after oral argument, Judge Denise J. Casper of the U.S. District Court for the District of Massachusetts denied Plaintiff’s preliminary injunction motion in its entirety. 

Prior to LMPERS’ filing of its complaint, Simpson Thacher had defeated a separate putative class action filed by a separate plaintiff’s law firm on behalf of another putative class action plaintiff.  That plaintiff had voluntarily dismissed his complaint the day after Defendants secured the denial of expedited discovery in an order by Judge Richard G. Stearns.

The STB litigation team consists of Paul Gluckow, George Wang, Mark Villaverde, Alyssa Watzman, and Josh Slocum.  Paul Gluckow argued the preliminary injunction motion on behalf of the Varian defendants.