Securities Litigation

Energy & Sustainability

• Representing a leader in vehicle electrification solutions in a securities class action alleging misleading statements and financial projections in connection with the company’s $1 billion SPAC business combination. We also represent the company and certain officers and directors in shareholder litigation in the Delaware Court of Chancery.
• Representing a global alternative asset investment manager in a derivative matter in Delaware Chancery Court related to the acquisition of a portfolio of oil producing assets.

Healthcare

• Represented the nation’s largest laboratory testing corporation and its board of directors and won a complete dismissal of a shareholder derivative action seeking over $300 million in damages.

Insurance & Financial Services

• After another law firm failed to secure a pleadings-stage dismissal, assumed the defense of an international bank accused of misleading investors about the value of its bonds, in alleged violation of the Securities Exchange Act. Following aggressive fact and expert discovery, obtained complete victory on summary judgment and subsequent affirmance in the Second Circuit Court of Appeals.
• Representing an investment advisory firm and its owners in an SEC enforcement lawsuit in S.D. Cal. alleging various fraud- based claims.
• Representing an investment entity and its owner in S.D. Cal. lawsuit by a microcap public company seeking to get out of its financial obligations after selling convertible notes and warrants to LGH based on a litany of hyper-technical allegations.
• Representing a Delaware entity in an SEC enforcement lawsuit in D. Nevada alleging various fraud-based claims.
• Representing Blackhawk Gold, LLC and its related entities in an EB-5 investor class action and related SEC enforcement issues. Negotiated and obtained Court approval of a class settlement in which our client agreed to take a specific corporate governance action and without the payment of any money.
• Quartzburg Gold: Represented Quartzburg Gold, LLC and its related entities in three EB-5 investor lawsuits involving claims of securities fraud. Negotiated a full voluntary dismissal of all cases without prejudice and without they payment of any money by our clients.
• Represented broker-dealer in an investigation of its alleged market timing of mutual funds that involved numerous agencies and the termination of ten employees: agencies included the Massachusetts Securities Division, the SEC, the New York and New Jersey Attorney General’s Offices, the New York Stock Exchange, the National Association of Securities Dealers, Inc., and the DOJ.
• Represented a former employee of a pre-eminent financial services industry firm charged with violations of the securities laws in connection with the firm's sale of funds invested in subprime securities. Prevailed in a three week trial before the SEC’s Chief Administrative Law Judge, and again before the First Circuit Court of Appeals.
• Represented the world’s largest stock transfer company in federal court litigation regarding contract and securities law claims.
• Represented Apollo Global Management in conjunction with the Stark Master Fund litigation, a securities fraud case. Following jurisdictional discovery, Apollo filed a compelling motion to dismiss based on jurisdictional grounds, and the Plaintiffs decided to voluntarily dismiss Apollo from the case rather than try to battle Apollo’s motion in court. Represented Apollo Global Management in conjunction with the Stark Master Fund litigation, a securities fraud case. Following discovery, Apollo filed a compelling motion to dismiss based on jurisdictional grounds, and the Plaintiffs voluntarily dismissed Apollo from the case.
• Defended Lloyds Bank in a fraudulent conveyance action. The month-long trial concerned the business enterprise valuation of a machine-tool manufacturer that later went bankrupt. The trial ended with low damages against our client, which were further reduced after an appeal, remand, and settlement.
• Represented a private equity company and its principals in a highly contested derivative litigation in the Chancery Court of Delaware alleging breach of fiduciary duty claims by majority shareholders and management of the company.
• Successfully defended several former MF Global officers and employees in investigations conducted by the DOJ, CFTC, CME, and SEC in connection with the collapse of MF Global. No criminal or regulatory charges were asserted against any of our clients.
• Obtained dismissal with prejudice of all 13 claims, including fraud, breach of fiduciary duty, negligence, and California Corporations Code violations, in a federal securities class action against a prominent investment banker.

Life Sciences

• Represented a biopharmaceutical company in a securities class action lawsuit related to a stock price drop. Secured a motion to dismiss on all but one minor claim, and successfully mediated a resolution on the final claim for less than our client’s anticipated cost of defense.
• Representing a life sciences company and several officers in an ongoing securities class action lawsuit that alleges the defendants made false or misleading statements relating to the company’s genetic tests. We also represent the company and certain officers and directors in shareholder derivative litigation in the Delaware Court of Chancery and the district court for the District of Delaware.
• Secured a motion to dismiss with prejudice on behalf of DBV Technologies in a class action filed in the US District court for New Jersey, alleging the company made false or misleading statements and failed to disclose sufficient manufacturing data on their key therapeutic treatment.
• Defeated class certification and obtained judgment on the pleadings in favor of defendants on all counts in a securities class action against Keryx Biopharmaceuticals and four of its former officers and then successfully defended that judgment on appeal before the First Circuit.
• Represented a generic pharmaceutical company that manufactures topical and injectable drugs, in a securities class action in the Southern District of New York and related stockholder derivative litigation in multiple courts.
• Representing OvaScience, Inc., a fertility company, and its former CEO, former CFO and former Chairman of the Board in a putative securities class action, alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act.
• Successfully represented Vertex Pharmaceuticals, Inc. in a securities class action complaint filed against Vertex and the company’s senior executives by Local No. 8 IBEW Retirement Plan and Trust. We successfully rebuffed plaintiffs twice in the District Court, ultimately securing victory when the First Circuit affirmed the dismissal of claims, in a decision crystalizing the standard required to plead scienter in securities fraud cases.
• Obtained a defense jury verdict in a class action on behalf of a prominent biotech corporation and a CEO charged with violation of Section 10(b) of the Securities Exchange Act of 1934.
• Successfully defended Neurotrope Biotechnology Inc in a securities class action case. The Mintz team achieved a complete victory at the motion to dismiss stage.
• Defended a public pharmaceutical company and its officers against Section 10(b) claims and Section 11 claims arising out of a secondary public offering and successfully obtained a motion to dismiss these claims on behalf of our client.
• Represented the Orchid Cellmark board in a with shareholder derivative litigation alleging breach of fiduciary duty in connection with a merger transaction, which the plaintiffs moved to enjoin. After expedited discovery, we defeated plaintiffs’ attempt to enjoin the transaction and the merger closed on schedule.
• Represented Geneius Biotechnology, Inc in a dispute with a minority shareholder that attempted to gain control of the company. In an expedited matter, we served as lead trial counsel in the Delaware Chancery Court and secured a total victory for the client.
• Represented a pharmaceutical company in a dispute with a bank over the bank's investment of the pharmaceutical company's corporate cash in auction rate securities that became illiquid. Successfully negotiated a favorable settlement for our client prior to litigation.
• Served as counsel for a pharmaceutical company in a securities class action alleging that our client and certain of its officers and directors violated Rule 10(b)-5 by allegedly failure to disclose clinical trial results for a product being developed by the company. Case dismissed without prejudice.

Retail & Consumer Products

• Represented a former CEO in a case brought by the CEO’s former employer alleging fraud and improper granting of company stock. Obtained complete dismissal of all claims on behalf of client within two weeks of entering an appearance, in addition to attorney’s fees.
• Represented the seller of an Australian company in an action arising out of the company’s $400 million AUD sale. Case successfully settled on confidential terms.
• Represented Advanced Auto Parts in a securities class action in the District of Delaware and successfully obtained dismissal of a related derivative action against its board of directors and certain senior executives.
• Secured a complete motion to dismiss in a securities class action case on behalf of PriceSmart Inc., a large multinational operator of membership warehouse clubs, and its former executives. The case, brought in the Southern District of California, centered on allegations that the company misled the public about its performance, among other missteps. Secured a complete motion to dismiss in a securities class action case on behalf of PriceSmart Inc., a large multinational operator of membership warehouse clubs, and its former executives. The case centered on allegations that the company misled the public about its performance, among other missteps.
• Represented Apollo Global Management, LLC and its portfolio company, The Fresh Market, as coordinating litigation counsel in multiple merger objection suits arising from the company's acquisition in March 2016 by Apollo affiliates. Mintz successfully negotiated the resolution of all ten complaints in the Delaware Chancery Court and federal district court in the Middle District of North Carolina.
• Represented XpresSpa Group, Inc. (f/k/a Form Holdings Corp.), and several of its directors and former directors, against federal securities and breach of contract claims brought by Plaintiff in the District Court for the Southern District of New York. In summary judgement papers, our team argued, inter alia, that Plaintiffs failed to plead an actionable misstatement or omission, failed to plead loss causation, failed to plead reliance, and the Section 12(a)(2) claim of Securities Act of 1933 was otherwise improper given the private nature of the merger. The Court granted Defendants’ motion for summary judgement in its entirety and as a result, all outstanding claims against XpresSpa Group, Inc. have been dismissed.

Professional Services

• Represented a law firm and its partners in potential adverse proceeding by SEC receiver appointed in connection with a $400 million Ponzi scheme, in which the receiver investigated various claims against our client. Secured a reasonable settlement wholly paid by insurance as well as a bar order preventing investors and others from pursuing claims against our clients.

Sports & Entertainment

• Achieved a complete victory for Shari Redstone in highly contentious litigations in Delaware and Massachusetts concerning the corporate governance of Viacom, Inc. Played a key role in negotiating a global settlement that dismissed the lawsuits in their entirety.
• Represented the CEO of a global media company in shareholder litigation, consolidated in the Delaware Court of Chancery, pertaining to a "going private" transaction. Achieved settlement on very favorable terms for the client.
• Represented the two non-independent directors of public company Midway Games Inc., in a highly publicized corporate governance dispute in which the Delaware Bankruptcy Court granted our clients’ motion to dismiss all breach of fiduciary claims against them. The Midway Games decision is regarded as a seminal decision in the area of public company director liability because it (i) strongly protects the actions of directors of distressed companies, and (ii) clearly delineates the limitations on creditors actions against corporate directors.
• Successfully defended a public company in an SEC investigation and a securities class action that followed from restating its financials due to revenue recognition issues. The SEC investigation was closed with no enforcement action taken, and the class action was dismissed. On appeal, the Sixth Circuit unanimously affirmed the trial court’s dismissal.
• Represented the former directors of a US media company in a matter commenced by a litigation trustee. The trustee asserted claims that the former directors breached their fiduciary duties by failing to file for bankruptcy sooner to preserve assets for the benefit of the creditors. The case settled on favorable terms, requiring no monetary payments by our clients and no admission of liability.

Technology

• Retained as trial counsel to defend former CFO of a two-and-a-half billion-dollar NYSE-listed company based in China, in a securities class action trial relating to the company's 2011 financial collapse. Having obtained an $880 million default judgment against China-based corporate defendants, plaintiffs alleged that the CFO had acted recklessly and made misstatements about the company's financial health. Secured a favorable trial verdict and resulting settlement that required no monetary payment from the CFO.
• Represented the former officers and directors of The Learning Co. (TLC) in a shareholder class action alleging violations of Section 11 of the '33 Act brought by former shareholders of Broderbund, Inc., a company previously acquired by TLC.  We prevailed at the motion to dismiss stage, advancing a novel legal argument demonstrating the lack of legally cognizable damages. We secured an affirmance of the dismissal on appeal.
• Represented a manufacturer of electronics in defending against Section 220 actions related to the company’s take-private merger, as well as a parallel appraisal action.
• Obtained a defense verdict on all claims after a jury trial on behalf of several public company officers and directors in a securities fraud case in federal court in Massachusetts.
• Represented a technology company and its officers and directors in a case where the plaintiff class alleged a variety of securities violations including that the company misrepresented its financial condition by failing to take a reserve for obsolescent inventory. After successfully obtaining dismissal of certain claims, we negotiated a favorable settlement.
• Represented all the minority owners of an arbitrage fund that folded after discovering that its value had been inflated by more than 40%. We defended the civil action in New York and related regulatory investigations of the fund’s owners for a number of years. The matter concluded with the no charges being levied against our clients, and an extremely favorable outcome in the civil litigation.