Securities Litigation

In re Hebron Technology Co., Ltd. Securities Litigation (S.D.N.Y.)

Won complete dismissal in 2021 for Hebron Technology Co. and certain of its officers of a consolidated securities fraud class action for violations of sections 10(b) and 20(a) arising out of allegations of related party transactions and ineffective disclosure controls.

City of Livonia v. Pitney Bowes Inc. et al. (Conn. Super. Ct.)

Won a precedent-setting PSLRA discovery stay in 2019 for Pitney Bowes and its directors in securities class action litigation filed in state court related to a $700 million debt issuance—the first time defense attorneys have succeeded in doing so over a plaintiff’s objection in more than two decades, and then won case dismissal.

Long v. Fanhua, Inc. et al. (S.D.N.Y.)

Won complete dismissal in 2020 for Fanhua Inc., a leading Chinese insurance company, and its CEO, CFO and co-founder, of a putative securities class action arising from a stock drop following scathing allegations contained in a report issued by a shortseller.

Brokerage Jamie Goldenberg Komen Rev. Trust v. Breyer, et al. (Del. Ch.)

Won complete dismissal in 2020 for certain former officers and directors of Twenty-First Century Fox, Inc. (21CF) (including Co-Executive Chairmen Rupert Murdoch, Lachlan K. Murdoch, CEO James R. Murdoch) and Fox Corporation, of a shareholder action arising out of 21CF’s $73.1 billion merger with The Walt Disney Company. The plaintiff, a stockholder of 21CF, alleged breaches of fiduciary duty and unjust enrichment related to certain compensation awards made by 21CF’s compensation committee to the Murdochs.

In re Bemis Co. Securities Litigation (S.D.N.Y.)

Won complete dismissal in 2021 without leave to amend for Amcor Ltd. and Bemis Company of purported shareholder class action litigation arising out of Amcor’s $6.8 billion all-stock acquisition of Bemis. The case presented important pleading stage issues for merger-related litigation in federal courts. Related litigation filed in Missouri state court was dismissed.

Tung, et al. v. Bristol-Myers Squibb Company, et al. (S.D.N.Y.; 2d Cir.)

Won complete dismissal in 2019 for Bristol-Myers Squibb and certain of its current and former officers of a putative securities class action arising out of a drop in the company's stock price following negative drug trial results for flagship cancer treatment. Amended claims dismissed in 2020. Pending appeal.

In re Micro Focus Int’l Securities Litigation (S.D.N.Y.; 2d Cir.)

Won complete dismissal in 2020 for Micro Focus International and certain of its officers and directors of a putative securities class action under the Securities Act of 1933 and the Securities Exchange Act of 1934 concerning the significant decline in its American Depositary Shares (ADS) price in the months and years following its $8.8 billion merger with the software business of Hewlett Packard Enterprise. Pending appeal.

Chopp v. Bradway, et al. (D. Del.); Seafarers Pension Plan v. Bradway, et al. (N.D. Ill.; 7th Cir.)

Obtained back-to-back wins in a one-week span in 2020 for Boeing, securing dismissal of two separate derivative actions concerning its 737 Max Aircraft; one of these decisions was the first to apply a forum-selection bylaw that requires derivative actions to be filed in Delaware Chancery Court to a federal claim subject to exclusive federal jurisdiction.