Patrick E. McDonough
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Secured complete dismissal of a securities class action at pleading stage on behalf of a large multinational operator of membership warehouse clubs, and its former executives. The case, commenced in the Southern District of California, centered on allegations that the company misled the public about its performance and the accuracy of year-end reporting, among other things.
- 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 a hedge fund in a case where a former employee claimed an ownership stake in the fund which our client contended was obtained through a breach of fiduciary duty. The case involved novel issues of law on fiduciary duty and wiretap law.
- Lead trial counsel in complex civil RICO case. Represented Taiwanese creditor in claims against 34 foreign and domestic defendants. Successfully defeated over 30 motions to dismiss, managed millions of pages of written discovery, including processing and analyzing hundreds of gigabytes of data, over 40 depositions on two continents and over 120 discovery disputes before two court-appointed special masters. Defeated summary judgment and in limine motions. Favorably settled case at commencement of trial.
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 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 secured dismissal of class claims alleging personal injury of every student who had attended the Eagleton School during a period of reported altercations between staff and students. Mintz demonstrated that elements of the class claims could not be satisfied through proof common to the class.
Case Study
Mintz helped global alternative investment firm Apollo Global Management successfully resolve 10 cases related to its $1.36 billion tender offer acquisition of gourmet grocery chain The Fresh Market. The cases included a Delaware Chancery Court breach-of-fiduciary-duties suit and federal securities cases.
Case Study
Mintz represented an affiliate of Colony Capital, Inc. and a joint venture partner in a financing for a multistate portfolio of properties. Mintz attorneys assisted Colony Capital, which was the borrower, with loan document negotiation and legal opinions.