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Securities Litigation

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 and Financial Services

  • Defended investment bank in $125 million claim brought in federal court which ended in judgment for Defendants on all counts.
  • 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 Jersey Attorney General’s Office, the New York Attorney General’s Office, 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.
  • Representing a prominent investment bank and futures commission merchant in an investigation by the division of enforcement of the Commodity Futures Trading Commission regarding the purported failure to properly report certain swap data to the firm’s designated swap data repository.
  • 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.
  • 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.
  • Secured a defense award on all claims against one of the world’s largest commodity trading firms following an arbitration by a customer before the National Futures Association. Asserting claims of common law fraud, fraud under the Commodity Exchange Act, gross negligence, breach of contract, and breach of fiduciary duty, the customer claimed that it suffered millions of dollars in trading losses allegedly caused by the firm’s negligence in operating an electronic trading platform and related misrepresentations of the firm.
  • 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.
  • Represented the world’s largest stock transfer company in federal court litigation regarding contract and securities law claims.
  • Successfully defended several former MF Global officers and employees in investigations conducted by the Department of Justice, CFTC, CME, and SEC in connection with the collapse and bankruptcy of MF Global following the discovery of $1.2 billion in missing customer segregated funds. No criminal or regulatory charges were asserted against any of our clients.
  • Defended an FCM in investigations by the CFTC and the CME in connection with futures trading by a customer in violation of capital and trading limits, implicating pre-trade and post-trade risk management.
  • 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

  • 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.
  • Currently representing a global clinical stage biopharmaceutical company in an ongoing securities class action case related to alleged false and misleading statements regarding the company’s lead product candidate and its overall business, operations, and prospects.
  • Successfully defended Neurotrope Biotechnology Inc in a securities class action case. The Mintz team achieved a complete victory at the motion to dismiss stage.
  • 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.
  • 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 connection with shareholder derivative litigation alleging breach of fiduciary duty in connection with a merger transaction. Plaintiffs moved to enjoin the merger. Rather than settle the matter (the typical resolution of these cases), the clients elected to litigate. After expedited discovery and motion practice, 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 in connection with the alleged failure to disclose clinical trial results for a product being developed by the company. Case dismissed without prejudice.

Retail and Consumer Products

  • 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.
  • Represented Apollo Global Management, LLC and its portfolio company, The Fresh Market, as coordinating litigation counsel in multiple merger objection suits arising from the acquisition of The Fresh Market in March of 2016 by certain Apollo affiliates. Following the acquisition, ten separate suits were filed in federal and state courts in Delaware and North Carolina. 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.
  • Currently representing a national automotive parts retailer 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.

Sports and Entertainment

  • Achieved a complete victory for Shari Redstone in highly contentious litigations in Delaware and Massachusetts concerning the corporate governance of Viacom, Inc., including the proper composition of the Viacom Board. Played a key role in negotiating a global settlement that dismissed the lawsuits against Shari Redstone and her father Sumner Redstone and affirmed the reconstitution of the Viacom board.
  • 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.

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.
  • 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 the inside directors in a case where the plaintiff class alleged a variety of securities violations. Plaintiffs claimed 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 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.
  • 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.
  • Represented the CFO of a high-tech company for alleged unlawful backdating of stock options for hundreds of employees. Notwithstanding comments in the media by one of the nation’s most respected securities law professors that the case presented “the clearest instance of criminal scienter he had ever seen,” we persuaded the federal government not to bring a criminal action against our client, and then negotiated a settlement with the SEC of all claims, without any admission of guilt by the client.
  • Defended the former CEO of a major fiber optic company in an SEC investigation of accounting irregularities. After a grueling deposition and an in-depth Wells Submission, the SEC determined not to pursue any action against our client.
  • Defended a technology entrepreneur in an international securities fraud investigation and prosecution. The client was charged in a 15-count indictment, carrying a sentence of over 20 years in prison and fines and restitution of over $100 million. Achieved a dismissal with prejudice of the entire criminal case.
Case Study
Mintz analyzed PitchBook data to produce an in-depth report on the record rise in special purpose acquisition company (SPAC) fundraising in the US since 2020 and the recent increase in SPAC merger activity. We also explore how SPACs could evolve and litigation challenges to SPAC IPOs and transactions.
Case Study
Mintz’s victory in a trial before the SEC’s Chief Administrative Law Judge cleared a former State Street executive of charges related to the Dodd-Frank Wall Street Reform and Consumer Protection Act. After the SEC overturned the decision, the First Circuit’s reversal of the Commission made new law.
Case Study
Mintz’s Securities Litigation team achieved a full dismissal at the pleading stage of a putative securities class action case filed against client PriceSmart, Inc. and its former executives.
Case Study
Mintz secured two MA federal court wins and one at the First Circuit for Vertex Pharmaceuticals, Inc. and several senior executives in a securities case about clinical trial result disclosures. The decision clarified the First Circuit standard for pleading scienter in securities fraud cases.
Case Study
Mintz obtained over $410 million in judgments for institutional clients in the Household International securities litigation settlement. The court and claims administrator did not deny a single claim from a Mintz client.
Case Study
Mintz represented XpresSpa Group, Inc. before the Second Circuit Court on appeal from the SDNY. Appellants sought to overturn the SDNY decision granting XpresSpa summary judgment and an earlier decision dismissing all of the appellants’ state law claims.
Case Study
Mintz has obtained recoveries of several millions of dollars for institutional clients in non-US settlements since the US Supreme Court’s decision in Morrison v. National Australia Bank. These include the Tesco regulatory matter in the UK and Slater & Gordon in Australia.
Case Study
Mintz obtained over $100 million in recoveries for BP investor clients from a $525 million SEC Fair Fund established for Deepwater Horizon Oil Spill compensation. Recoveries for Mintz clients equaled 100% of their allowed losses.
Case Study
Mintz secured dismissal of a securities fraud case against biopharmaceutical company Neurotrope. Mintz argued that securities laws do not require disclosure of the statistical methodology behind announced clinical trial results.