— Securities and Derivative Litigation
We regularly represent directors and officers accused of breaching fiduciary duties to corporations they serve and have obtained excellent results in such lawsuits brought by shareholders, bankruptcy trustees, and post-bankruptcy litigation trusts. We also defend corporations and individuals sued by current and former investors under securities fraud and related theories.
Representative matters include:
Represented 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; obtained dismissal of suit.
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.
Achieved an advantageous settlement after winning dismissal of breach of fiduciary duty claims asserted against former directors and officers of Jennifer Convertibles, a publicly traded company.
Secured dismissal of all claims against Harbinger Capital hedge fund entities in derivative litigation arising from bankruptcy of the funds’ principal portfolio company.