Civil Securities and
Financial Services Litigation Experience
counsel for defendants in Hall v. Johnson & Johnson, et. al, a
securities class action arising out of allegations of trace amounts
of asbestos in cosmetic talc products.
counsel for Royal Bank of Canada in adversary proceeding brought by the
Commonwealth of Puerto Rico in connection with the bank's underwriting of
general obligation debt.
counsel In Krukever v. TD Ameritrade, successfully obtaining partial dismissal
and ultimate de-certification of a class action stemming from losses
suffered by traders in futures options caused by extreme market
counsel in Caramahai v. Helius Medical Technologies, Inc. a
securities class action arising out of denial of FDA approval for a new
counsel in Homeward Residential Inc. v. Sand Canyon Corporation a commercial dispute arising out of
alleged misrepresentations made in connection with the origination and
securitization of subprime and Alt-A mortgages, obtaining partial
dismissal of the case on motion to dismiss.
counsel representing Fannie Mae in In re: Fannie Mae Securities and Employee Retirement Income
Security Act (ERISA) Litigation (2008) actions alleging failure to
adequately disclose subprime and Alt-A mortgage exposure. Achieved an
extremely favorable resolution for the client.
counsel representing Fannie Mae in In re: Fannie Mae Securities, ERISA and
Derivative Litigation class actions and a shareholder derivative
action alleging accounting fraud in connection with the
company's $9 billion restatement of earnings. Defendants
prevailed, in part, at class certification reducing the exposure by
counsel representing Bank of America in a securities class action, shareholder
derivative suits, and FINRA arbitrations arising out of illiquidity in the
auction-rate securities markets. Obtained a complete dismissal of the
class action and numerous successful arbitration results.
Stephens in In re Initial Public Offering Securities and Antitrust
class action litigation.
- Secured a complete
dismissal of a class action challenging a $4 billion cash tender offer in
connection with the sale of a worldwide provider of Web-based software
solutions and services to the automotive industry.
- Lead counsel for a former
Audit Committee Chairman in a shareholder derivative litigation arising
out of the Company’s payments to the AUC and criminal plea. Obtained a
dismissal without individual liability.
- Lead counsel for former
CFO of major automotive parts supplier in securities class action and
shareholder derivative litigation based on allegations of accounting
fraud. Achieved a favorable resolution of all liability.
the former Chairman and CEO of AOL Time Warner, Steve Case, in a
securities class action, shareholder derivative, and shareholder opt-out
litigation. Achieved a favorable resolution of all liability.
former Enron CEO, Jeffrey Skilling, in a securities class action and
shareholder derivative litigation around the country filed in the wake of
the energy giant’s bankruptcy.
- Represented a former
WorldCom director in securities class action and shareholder opt-out
litigation around the country. Achieved a favorable resolution of all
SEC Enforcement Experience
counsel representing former KPMG national office partner, David Britt, in an extremely high-profile criminal
and civil enforcement matter, involving alleged misappropriation of
confidential PCAOB information and ethics violations.
- Representing a publicly
traded, international company in a high-profile SEC investigation arising
out of a front-page Wall Street Journal article.
- Representing head of
mortgage trading desk in connection with an SEC enforcement matter.
- Represented Forbes Global
50 financial institution in enforcement action arising out of underwriting
of municipal bonds.
- Represented numerous
current and former auditors in connection with SEC and PCAOB formal
investigations involving alleged improper professional conduct.
- Represented Fortune 50
financial institution in an enforcement matter arising out of illiquid
structured products, achieving a very favorable resolution.
- Represented a Fortune 500
mortgage servicer with a very favorable resolution.
- Represented a Fortune 50
financial institution in multiple enforcement actions with favorable
- Represented a Fortune 500
consumer services company in an enforcement action with favorable
- Represented a major
subprime mortgage originator in a subprime enforcement action, achieving a
very favorable resolution.
- Represented the CFO of a
major automotive parts supplier in an enforcement action with favorable
- Represented the former
Chairman and CEO of a major Internet Media Company in enforcement
proceeding with no action taken.