Stacey Neumann Vu

Shareholder derivative dispute: Represented officers and directors of a public insurance company in a putative shareholder derivative lawsuit against allegations that they breached fiduciary duties in connection with the company’s incurrence of substantial foreign fine; secured dismissal on the pleadings and award of attorneys’ fees which were affirmed in the court of appeals

Conspiracy claims: Defended an officer and director of a public company against claims that client conspired with law firm and trustee to breach fiduciary duties; secured dismissal on the pleadings of purported $100 million claim and recovered attorneys’ fees on behalf of client

Malpractice claims: Represented a Texas law firm in a derivative malpractice action brought by a foreign investor in a real estate partnership; successfully argued to court of appeals to compel arbitration

Sarbanes-Oxley dispute: Represented a public insurance company in a Sarbanes-Oxley lawsuit brought by an insurance agent; part of team that secured dismissal on the pleadings which was upheld by the Fifth Circuit

Hurricane Beryl MDL: Part of team representing transmission and distribution utility in multiple cases involving claims of personal injury and property damage arising out of the July 2024 Hurricane Beryl

Opiates MDL: Representing regional grocery chain pharmacy in multi district litigation involving distribution and dispensation of prescription opioid medications

ERISA class action: Represented Fortune 150 telecommunications company in ERISA class action litigation brought by retirees seeking in excess of $1 billion in pension benefits and penalties; participated as V&E trial team member; subsequent to the trial, the court entered judgment dismissing the plaintiffs’ claims and awarding costs to defendant; the Fifth Circuit affirmed and the United States Supreme Court denied certiorari

Tax loss litigation: Represented Fortune 500 petroleum company in litigation with Internal Revenue Service involving deductibility of $119 million loss incurred upon liquidation of foreign assets; case favorably settled after court compelled IRS to produce internal records regarding interpretation of regulation at issue

Fractional ownership discounting: Part of V&E team that tried lawsuit in Tax Court concerning fractional ownership discounts applicable to works of fine art in estate; successfully obtained Fifth Circuit reversal of Tax Court decision and rendition of judgment in favor of estate (second chair)

ESG litigation: Representing index investment company in lawsuit brought by 11 state attorneys general concerning alleged conspiracy to cut coal production

Monopolization: Represented a cell tower operator and its executives against a competitor, the nation’s largest tower company; part of V&E team that prosecuted and defended against numerous claims, including RICO, antitrust, Lanham Act, business disparagement, and tortious interference; defended individual executives accused of RICO violations, and subsequently obtained summary judgment dismissing competitor’s RICO and antitrust claims

GPO discount litigation: Successfully assisted in the defense of the nation’s largest health care GPO in a $600 million antitrust action alleging exclusive dealing and challenging bundled discount arrangements; GPO client settled before trial with no cash payment (team member)

Retail monopolization: Obtained dismissal with prejudice of a bankrupted produce supplier’s Sherman Act Section 1 (distribution channel foreclosure), Sherman Act Section 2 (attempted monopolization), and Clayton Act Section 7 (merger-to-monopoly) claims against a large grocery chain; demonstrated that limitations barred supplier’s claims, notwithstanding its “continuing violation” theory, and that supplier lacked antitrust standing to pursue retail monopolization claims

Egg supply litigation: Represented defendant egg producer in the Processed Egg Products Antitrust Litigation class action in federal court in Philadelphia

Chemical pricing litigation: Represented defendant specialty chemical company in the Titanium Dioxide Antitrust Litigation class action in federal court in Maryland, the Urethane Antitrust Litigation direct purchaser class action in federal court in Kansas, and Urethane Antitrust Litigation indirect purchaser class action in federal court in Massachusetts

Employee drug testing: Obtained voluntary dismissal, with no cash payment, of antitrust claims brought against an exploration and production company by a drug testing company alleging that exploration companies conspired to utilize the drug testing services of plaintiff’s competitor

Tying: Represented a television program distributor in a breach of contract action brought against a broadcasting company; defended against broadcaster’s counterclaims alleging tying of television programs licensed in the contract

Insurance agent rating system: Obtained summary judgments in two test cases (12 similar cases) where plaintiffs challenged insurance company’s agent rating system with multiple claims under the Texas antitrust, consumer protection, and insurance statutes

Warrant rescission: Teamed with other V&E attorneys to represent an energy services company as plaintiff in a one week bench trial; successfully rescinded a warrant agreement based on mutual and unilateral mistake; the warrants at issue were valued at approximately $40 million; the decision was upheld by the court of appeals, and the Texas Supreme Court denied review

Insurance policy rescission: Represented defendant insurer in an action brought by third party who had purchased, and sought to collect death benefit on, a $2.5 million policy insuring the life of a stranger; teamed with other V&E attorneys to obtain jury verdict that the insured had made material misrepresentations regarding her income and assets that justified rescission of the policy; the jury’s decision was upheld by the court of appeals, which concluded that actionable misrepresentations are not limited to statements regarding an applicant’s health or life expectancy

Sanctions award: Part of V&E team that obtained a complete defense summary judgment against defamation claims brought by a physician against a nonprofit children’s hospital; the trial court awarded sanctions to V&E’s nonprofit client of approximately $725,000, one of the largest sanctions awards in Texas jurisprudence: in subsequent case collaterally attacking that judgement, secured dismissal on the pleadings and award of additional attorneys’ fees

Merger challenge: Part of V&E team that obtained judgment that the buyer in a $10 billion merger breached its obligations to use its reasonable best efforts to secure financing and consummate the merger with the client; actively participated in a successful trial briefing that led to the development of the current law related to the enforcement of material adverse effect clauses in the merger context

Joint venture dispute: Part of V&E team that tried case in Delaware Chancery Court on behalf of a racing company and an individual in an attempted dissolution of the corporation; the court found in favor of client