Melanie E. Walker

Representative securities and shareholder litigation matters include the following:

• In re Am. Realty Capital Props. Sec. Litig: On eve of trial, reached global settlement with auditor client contributing less than 5 percent to total settlement fund
• Tellabs Sec. Litig: Represented client in proceedings before the District Court, Seventh Circuit, and US Supreme Court. After multiple key victories, case settled at loss to plaintiffs’ firm
• Represented telecommunications technology company in federal securities action and won motion to dismiss with prejudice. Plaintiffs did not appeal
• Represented a former CEO in a three-week jury trial in the Eastern District of Michigan for alleged violations of the federal securities laws. Case settled while on appeal to the 6th Circuit
• Represented an energy efficiency company in federal securities and shareholder derivative litigation. Securities case settled shortly after motion to dismiss was filed. Won motion to dismiss derivative case
• Won summary judgment in federal securities litigation related to the merger of two of the country’s largest meat producers. Judgment was affirmed on appeal to the Third Circuit
• Successfully defended a settlement of securities litigation claims related to Enron on appeal to the Fifth Circuit

Representative accountants’ liability litigation and regulatory matters include the following:

• Represent accounting firms and individuals in confidential PCAOB enforcement proceedings
• Represented an accounting firm in case alleging tortious interference with employment. Reached confidential settlement minutes before jury selection was set to begin
• Represented an accounting firm in case alleging professional negligence. Reached confidential settlement on eve of trial and shortly after obtaining key evidentiary rulings
• Represented an accounting firm in an SEC investigation related to a multinational holding company. No action was taken by the SEC against the client
• Represented an accounting firm in an SEC investigation into insider trading related to a merger. No action was taken by the SEC against the client
• Represented an accounting firm in securities litigation in the Eastern District of Michigan. The case settled on favorable terms after the defendants’ motions to dismiss were filed
• Represented an accounting firm in three cases arising out of the same events: a professional negligence claim in Illinois state court, a putative class action in the Central District of Illinois and a putative class action in Wisconsin state court. Won motions to dismiss all three cases
• Represented an accounting firm in a professional negligence claim brought by a bankruptcy trustee and obtained a complete victory after a jury trial.

Other representative matters include the following:

• Chicago Loop Parking, LLC v. City of Chicago: Obtained a US$62 million arbitration award on behalf of an asset owned by a private infrastructure equity investment fund
• Represented a former CEO in action alleging breaches of fiduciary duty and seeking a nine-figure damages award. Arbitration resulted a in complete victory in the CEO’s favor
• Emerald Capital Advisors Corp. v. Karma Automotive LLC, et al.: After prevailing on essential contract interpretation issue, crafted business strategy that resulted in confidential agreement to terminate the litigation and buy-out plaintiff minority shareholder
• Matrix, Inc. v. American Nat’l Bank and Trust Co. of Chicago: Argued and won Seventh Circuit appeal of dismissal of civil RICO action arising out of bankruptcy proceedings
• Obtained dismissal of civil RICO action against a global financial institution and successfully defended dismissal on appeal to the Seventh Circuit.
• Selected by restructuring counsel to handle briefing in support of a vigorously contested plan of reorganization in a bankruptcy related to one of the largest leveraged buyouts in history. The bankruptcy court approved the plan
• Represented a pharmaceutical company in a civil RICO case that raised complex standing and federal pre-emption issues. Plaintiffs voluntarily dismissed the action after defendant’s motion to dismiss was filed
• Represented an investment bank in an internal investigation, SEC investigation, and litigation related to one of the bank’s clients. No action was taken by any party against the client