Practice Areas
— Securities and Derivative Litigation
We regularly represent directors and officers accused of breaching fiduciary duties to corporations they serve, whether brought by shareholders, bankruptcy trustees, or post-bankruptcy litigation trusts, and have obtained excellent results in such lawsuits. We also defend corporations and individuals sued by current and former investors under securities fraud and related theories.
Representative matters include:
Represented e-commerce retailer in consolidated securities and derivative litigation related to alleged misrepresentations concerning the capabilities of client’s artificial-intelligence research and marketing platform; obtained favorable settlements after initial motion practice and mediation.
Represent the CEO of an online start-up company, acquired by Groupon, Inc., in a post-closing securities fraud lawsuit by seed-round investors who sold before the acquisition.
Advised the independent directors of Ampal-American Israel Corp. in connection with their exit from the board of directors; obtained dismissal of bankruptcy trustee’s breach of fiduciary duty lawsuit.
Represented several hedge funds accused of breaching subscription agreements allegedly requiring them to fund PIPE components of de-SPAC transactions, notwithstanding materially altered market conditions. Matters successfully resolved with advantageous settlements or by convincing de-SPAC entity to abandon its claim.
Achieved an advantageous settlement after winning dismissal of breach of fiduciary duty claims asserted against former directors and officers of Jennifer Convertibles.
Secured dismissal of all claims against Harbinger Capital hedge fund entities in derivative litigation arising from bankruptcy of the funds’ principal portfolio company.