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John F. Sylvia

Member / Co-chair, Securities Litigation Practice

[email protected]

+1.617.348.1820

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Jack is Co-chair of the Securities Litigation Practice and a seasoned trial lawyer whose clients include public and private corporations, officers, directors, special committees, accountants, mutual funds, portfolio managers, and investment advisors. His practice encompasses all facets of securities and financial fraud litigation, and he has handled complex civil and criminal matters involving insider trading, revenue recognition, high-yield investment schemes, market timing, late trading, options backdating, and securities. 

He frequently represents clients in connection with internal investigations and investigative and enforcement proceedings conducted by the SEC, FINRA, and state regulatory agencies. His clients range from Fortune 500 companies to startups in the life sciences, retail and consumer goods, and technology space. Jack also leverages his extensive background in securities litigation and M&A litigation to counsel companies on risks related to SPAC transactions and litigation avoidance.

In addition to his trial experience, Jack also has represented clients in arbitration and alternative dispute resolution, including proceedings before the American Arbitration Association and FINRA.

Experience

  • Jury acquittal for a CEO client charged with criminal tax evasion arising from an options backdating investigation.
  • Represented Vertex Pharmaceuticals, Inc. in a decision crystalizing the standard required to plead scienter in securities fraud cases in the First Circuit.
  • 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. Secured a favorable trial verdict and resulting settlement that required no monetary payment from the CFO.
  • Represented the Orchid Cellmark board in connection with shareholder derivative litigation alleging breach of fiduciary duty in connection with a merger transaction, defeating plaintiffs’ attempt to enjoin the transaction, resulting in the merger closing on schedule.
  • Represented former officers and directors of The Learning Co. (TLC) in a shareholder class action alleging violation of Section 11 of the '33 Act brought by former shareholders of Broderbund, Inc., a company previously acquired by TLC, securing a dismissal in the trial court and an affirmance in the Ninth Circuit.
  • Defended a public pharmaceutical company and its officers against Section 10(b) and Section 11 claims arising out of a secondary public offering, successfully obtaining a dismissal of all counts.
  • Successfully represented a technology company and the company’s officers and directors against allegations of securities fraud.
  • Favorable post-trial decision in Delaware Court of Chancery for corporate and individual clients charged with breaches of fiduciary duties.
  • Defense jury verdict for corporate officers charged with violation of Section 10(b) in connection with the purchase of convertible-preferred securities.
  • Represented iBasis, Inc. and its officers and directors in a shareholder derivative action alleging breach of fiduciary duty and violations of Section 14(a) of the Securities Exchange Act of 1934, arising out of alleged stock options “backdating” and improper accounting attendant thereto, prevailing on a motion to dismiss.
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Case Studies

Breaking Down the SPAC Surge Report Cover Mintz 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.
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viewpoints

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In 2021, approximately on quarter of all federal securities fraud class action lawsuits filed nationwide were against life sciences companies and their officers and directors. These considerations are for directors and officers of life sciences companies looking to manage disclosures and mitigate risk before a suit ever gets filed. 

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Mintz Members Adam Sisitsky, Nancy Adams, Jack Sylvia and Of Counsel, Kristen White discuss the rising risk of litigation and regulatory enforcement facing SPACs and the individuals that lead them. Topics will included the current SPAC litigation landscape, SPAC M&A–related litigation, including disclosure issues and breach of fiduciary duty in the de-SPAC process, D&O coverage challenges and risk mitigation and heightened SEC scrutiny.
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On March 18, 2020, the Delaware Supreme Court (the “Court”) issued a groundbreaking decision reversing the Delaware Court of Chancery’s December 2019 ruling in Sciabacucchi v. Salzberg, 2018 Del. Ch. LEXIS 578 (Del. Ch. Dec. 19, 2018), and holding that charter provisions adopted by public companies that designate a federal forum for securities claims brought pursuant to the Securities Act of 1933 (“Federal Forum Provisions”) are valid and enforceable.
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In a boon for public company shareholder plaintiffs this week, the U.S. Supreme Court upheld state courts’ concurrent jurisdiction over securities class actions alleging violations of certain federal securities laws.
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On June 25, 2013, Delaware Chancellor Strine issued a fulsome opinion upholding the power of Delaware boards to amend corporate bylaws to include binding forum selection provisions.
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News & Press

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BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.

Press Release Thumbnail Mintz

Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.

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Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
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Events & Speaking

Panelist
Mar
1
2022
Conference Reference Image
Panelist
Sep
15
2020
Webinar Reference Image
Speaker
Sep
22
2017

Hot Topics and Trends in D&O Coverage and Liability

PLUS

John J. Moakley Courthouse, 1 Courthouse Way, Boston, MA

Speaker
Feb
1
2017

Mintz and Grant Thornton Present a Multitopic CLE Workshop

Grant Thornton 757 3rd Avenue and 47th Street New York, NY

Panelist
May
12
2016

Preparing for the SEC

Marsh, Mintz Levin, and Grant Thornton

New York, NY

Speaker
Jun
10
2015
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Recognition & Awards

  • Massachusetts Super Lawyers: Securities Litigation (2006, 2010 – 2025)

  • Best Lawyers in America: Litigation – Securities (2018 – 2027)

  • Chambers USA: Massachusetts – Litigation – Securities (2011 – 2026)

  • Lawdragon: 500 Leading Litigators in America (2022 – 2027)

  • Legal 500: Recommended Lawyer – Securities Litigation – Defense (2026)

  • Boston Magazine: Top Lawyers – Securities Law (2022 – 2024)

  • Fellow, Litigation Counsel of America

  • Business Today News: Top 10 Prominent Securities Litigation Lawyers Shaping Massachusetts in 2023

  • Thomson Reuters: Stand-out Lawyers (2024)

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John F. Sylvia

Member / Co-chair, Securities Litigation Practice

New York Boston