Securities and Corporate Governance Litigation:

  • Representing a national insurance company and two of its senior officers in a securities fraud action in the Northern District of Illinois challenging statements concerning the reasons for an unexpected increase in auto claim frequency.
  • Representing a biopharmaceutical company and two of its senior officers in a securities fraud action filed in the Southern District of New York shortly after a joint advisory committee recommended that the FDA refuse to accept for filing the company's application for approval of an abuse-deterrent formulation of an opioid tablet
  • Representing a specialty commercial auto insurance company in a securities fraud action filed in the Northern District of Illinois after the company announced an increase in its reserves for incurred but not recorded insurance liabilities
  • Representing the underwriter defendants in obtaining dismissal of '33 Act claims filed in the Western District of Oklahoma challenging trust unit offerings for two oil-and-gas royalty trusts due to plaintiffs' failure to comply with requirements of the PSLRA. A subsequent action asserting the same claims was dismissed as untimely under the applicable statute of repose
  • Obtaining dismissal with prejudice in the Delaware Court of Chancery of claims against an investment bank for aiding and abetting alleged breaches of fiduciary duty as the financial advisor to a special committee charged with conducting a "go-shop" process for an oilfield services company.  The dismissal was affirmed by the Delaware Supreme Court
  • Obtaining dismissal with prejudice in the Baltimore City Circuit Court of claims against an investment bank for allegedly aiding and abetting breaches of fiduciary duty as financial advisor to a REIT that agreed to a cash-out merger
  • Representing the underwriters in obtaining dismissal of a securities class action in the Northern District of Georgia alleging '33 Act violations in the offering documents for trust preferred securities issued by a regional bank holding company
  • Representing several outside directors of a government sponsored enterprise in obtaining the dismissal of securities and stockholder derivative litigation in the District of the District of Columbia arising from an investigation by the Office of Federal Housing Enterprise Oversight and a subsequent financial restatement
  • Representing the underwriters in securities class actions in the Southern District of New York and Alabama state court alleging '33 Act violations with respect to three separate securities offerings by a prominent New York-based insurance company.
  • Representing the former chief executive officer of a reinsurance company in a securities class action and SEC enforcement action in the Southern District of New York concerning accounting for a finite reinsurance transaction
  • Representing the underwriters in obtaining the dismissal of a securities class action in the District of Massachusetts alleging '33 Act violations in connection with the initial public offering of a company in the alternative energy industry
  • Representing the outside directors of a bank holding company based in Puerto Rico in consolidated stockholder derivative litigation in the Southern District of New York and related matters arising from a financial restatement
  • Representing a biotechnology firm in successfully defending a securities class action concerning the circumstances surrounding its announcement that the FDA had refused to accept for filing its application for regulatory approval of a groundbreaking cancer therapy
     

Insolvency and Bankruptcy Litigation

  • Representing an offshore fund in multi-jurisdictional litigation with affiliates of a video game company arising from the borrowers’ failure to make required payments under a secured credit facility
  • Representing an international bank in obtaining dismissal for lack of personal jurisdiction of claims brought by Lousisiana investors in offshore hedge funds seeking to recover payments made to the bank before the funds were placed in liquidation proceedings
  • Representing the receiver for numerous failed banks and thrifts in bankruptcy and receivership litigation in courts throughout the United States, involving jurisdictional conflicts between district courts and bankruptcy courts, banking law defenses to fraudulent transfer claims, enforcement of pre-petition capital maintenance commitments and other issues unique to financial institution insolvencies
  • Representing the former chief executive officer of a failed bank and its holding company in successfully defending claims for alleged breaches of fiduciary duty brought by the bankruptcy trustee for the holding company

Investigations and Enforcement Proceedings

  • Assisting Senator George J. Mitchell in his investigation into the alleged use of performance enhancing substances by players in Major League Baseball, including overseeing the preparation of Senator Mitchell's report to the Commissioner of Baseball with respect to that investigation
  • Representing a special committee of the board of a publicly traded REIT in an internal investigation of alleged GAAP violations
  • Representing the former chief executive officer of a reinsurance company in a securities class action and SEC enforcement action concerning accounting for a finite reinsurance transaction
  • Representing a broker of credit default swaps in connection with a FINRA investigation concerning alleged communications between interdealer brokers about proposed commission rate schedules
  • Assisting Senator George J. Mitchell in his role as independent athletics integrity monitor under a consent decree by the NCAA against The Pennsylvania State University
  • Representing numerous individuals and publicly traded companies in investigations by the Securities and Exchange Commission, the United States Department of Justice, and various self-regulatory organizations