Mr. Helwick represents companies, independent fiduciaries and individuals in complex commercial litigation, including securities and antitrust class actions and individual lawsuits, arbitrations and regulatory investigations. He counsels clients on competition issues in connection with mergers and acquisitions. In addition, Mr. Helwick has an in depth knowledge of, and experience with, options and trading strategies.
His recent activities include:
Securities, Derivatives and M&A
- Represent a global consumer products company in a multi-billion dollar lawsuit alleging breach of a “no solicitation” provision in a merger and acquisition agreement.
- Represent a computer software company alleging antitrust monopolization claims involving multi-user computer systems.
- Counsel independent fiduciaries in connection with reviewing settlements in federal securities and ERISA class actions on behalf of company pension plans pursuant to the Department of Labor’s Prohibited Transaction Class Exemption.
- Advised counsel for a bankruptcy trustee on termination and closeout issues arising under ISDA Master Agreements and New York law.
- Represented a mutual fund in an investigation by the Securities and Exchange Commission in response to a Wells Notice concerning compliance with the Investment Advisers Act of 1940.
- Advised a collateral manager in a CDO dispute in the aftermath of the 2008 financial crisis.
- Represented an investment bank in five “opt-out” Enron-related securities fraud actions brought in California and Iowa state courts.
- Represented an auditing firm in a state court action brought by a bankruptcy trustee involving audited financial statements of a bankrupt insurance company.
- Defended a prime brokerage firm in a complex securities industry arbitration arising out of the liquidation of a convertible bond arbitrage hedge fund.
Antitrust and Competition
- Represent multiple Chinese mineral trading companies against claims of a global antitrust conspiracy in violation of the Sherman Act pending in New Jersey federal court.
- Represent a publisher of commodity pricing data on antitrust and commodity law issues.
- Represented an apparel company in connection with the FTC’s review under the Hart-Scott-Rodino Antitrust Improvements Act of the competitive effects of an acquisition of substantially all its assets.
General Litigation
- Represent an art dealer against claims of breach of contract and conversion.
- Represented clients asserting claims for breach of non-compete covenants in employment agreements.
- Litigated restrictions on use of a residential unit in a cooperative apartment building.
- Petitioned for a license under RPAPL §881 for access to neighboring properties to make reasonable and necessary repairs to a building.