Vincent P. (Trace) Schmeltz III Counsel 

Trace Schmeltz practices in the area of complex civil litigation, with an emphasis on securities, mergers and acquisitions (M&A), and white collar criminal litigation. He has pursued and defended claims on behalf of auditors, investment banks, corporate boards and corporations. As part of his practice, he has represented corporations in complex governmental investigations and has tried and assisted in the trial of several cases before judges and juries in state and federal court, including the Delaware Court of Chancery.

Mr. Schmeltz has served clients that include Fortune 500 companies, banks, communications firms and "Big Four" accounting firms. Before joining Dewey & LeBoeuf LLP, he was a partner in the law firm of Mayer, Brown, Rowe & Maw LLP.

Representative Matters

• Represented The Finish Line Inc. in expedited litigation brought by UBS to avoid financing the merger between Finish Line and Genesco, Inc.;
• Represented the owner of Ameriquest Mortgage Company in multidistrict litigation arising from the collapse of the subprime mortgage industry, relating to the company's mortgage lending practices;
• Represented the Canadian Imperial Bank of Commerce (CIBC) in securities litigation and bankruptcy adversary proceedings related to the collapse of Global Crossing Ltd.;
• Represented Oracle Corporation, Larry Ellison and Jeff Henley in derivative and securities litigation arising from the company's failure to meet earnings projections;
• Represented the special committee of the board of directors of SSA Global, Inc. in a class action filed by shareholders to enjoin a proposed merger;
• Represented Ernst & Young in securities fraud litigation related to Cendant Corporation's restatement of its publicly filed financial statements;
• Represented Arthur Andersen in securities fraud litigation related to Waste Management's restatement of its publicly filed financial statements;
• Represented Comdisco, Inc. and Comdisco Ventures in litigation related to the collapse of the company's venture capital unit after the burst of the dot-com bubble;
• Represented a large international bank in an informal investigation by the U.S. Securities and Exchange Commission into the bank's participation in a state-run qualified tuition plan authorized by Section 529 of the Internal Revenue Code;
• Managed Enron Corp.'s responses to over 40 subpoenas from various governmental bodies, including the U.S. Senate, the U.S. House of Representatives, the Department of Justice, the Federal Bureau of Investigation and the Department of Labor;
• Represented Tyson Foods, Inc. in an expedited lawsuit filed by IBP, inc. in the Delaware Court of Chancery to enforce a merger agreement;
• Served as litigation counsel to Washington Group International, Inc. in its successful $900 million Chapter 11 reorganization; and
• Handled an internal investigation on behalf of the board of directors of ICG Communications after its stock dropped from $40 per share to approximately $.40 per share.

Presentations and Publications

• "Negotiating MAC Clauses," Strafford Publications Continuing Legal Education (June 2008).
• "Attorney and Accountant Liability Under the Securities Laws," ABA Section of Litigation Annual Meeting (April 2008).
• "The Ten Commandments of Managing a Mega Case," Navigant Consulting Forum (November 2006 (with Alan Salpeter)).

• Litigation Practice
• Securities, M&A and Corporate Governance Litigation
• White Collar Criminal Defense and Investigations