Securities

Represented a public company and the independent members of its board of directors in class action litigation alleging breach of fiduciary duty in connection with a multi-billion-dollar going-private securities transaction. After the company announced that it had agreed to be acquired by private equity, plaintiffs filed class action litigation alleging that the price per share obtained for the company was inadequate. After leading the coordinated multi-law firm defense of the company, the inside directors, the independent directors and the two acquiring firms for several years and after several rounds of mediation among the plaintiffs, the various defendants and the defendants’ tower of insurers, the matter was settled on a classwide basis.

Represented hedge fund “back office” administration company in contract, business tort and state securities law litigation brought by hedge fund investors. Investors in domestic and offshore hedge funds alleged that administration company breached contract and tort duties purportedly owed to investors to provide information on ill-advised investment decisions made by the hedge fund manager. Despite several rounds of mediation, the case did not resolve on a consensual basis, but instead ultimately terminated by summary judgment granted to defendants against all plaintiffs.

Represented directors and officers of multiple public corporations alleged to have issued false and misleading statements in violation of federal securities laws (Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder), thereby impacting the price of securities traded in the public markets. Some cases were dismissed on motion, but most ultimately resolved by means of class action settlement after mediation.