Dow Chemicals Litigation with Ex-Officers

This case involved litigation over the alleged improper and unauthorized attempts by two of Dow’s senior executives to facilitate a leveraged buyout of Dow. Dow terminated both executives after it became aware of the unauthorized attempts. We were retained by David Bernick of Kirkland & Ellis, LLP on behalf of Dow to analyze the role of Dow’s executives in the LBO transaction, the potential gain to the executives as a result of their participation in the attempts, the actions taken by Dow when it became aware of the unauthorized attempts, and the impact on Dow as a result of such attempts. Daniel R. Fischel and Compass Lexecon affiliate Robert Hamada were disclosed as experts in the case with statements of their expected expert testimony. The case then settled in what was described by The Wall Street Journal as a “decisive victory” for Dow.