Joshua Z. Rabinovitz, P.C.

Securities & Shareholder Litigation

• Boeing — Representing Boeing and its officers in a securities fraud class action and a shareholder derivative action regarding the 737 MAX aircraft.
• AbbVie — Represented AbbVie and its CFO in a securities fraud class action regarding the company’s announcement of results of a $7.5 billion Dutch auction tender offer. Prevailed on a motion to dismiss; affirmed on appeal. Walleye Trading LLC v. AbbVie, 962 F.3d 975 (7th Cir. 2020). Represented AbbVie and its board of directors in shareholder derivative litigation regarding Humira. Prevailed on motion to dismiss. Elfers v. Gonzalez, 2020 WL 7264272 (D. Del., Dec. 10, 2020). Represented AbbVie in shareholder litigation arising out of its attempted acquisition of Shire Pharmaceuticals. Prevailed on motion to dismiss; affirmed on appeal. See Ellis v. Gonzalez, 2018 WL 3360816 (July 10, 2018), aff’d 2019 WL 654609 (Del., Feb. 18, 2019).
• MGP Ingredients — Represented MGP Ingredients and its officers in securities fraud class action and shareholder derivative actions. Prevailed on motions to dismiss. In re MGP Ingredients Sec. Litig., 2021 WL 3885655 (D. Kan., Aug. 31, 2021); Dorfman v. Griffin, 2021 WL 1209734 (D. Kan., Mar. 31, 2021); Carter v. Griffin, 2021 WL 5205438 (D. Kan., Nov. 9, 2021).
• H.I.G. Capital — Represented H.I.G. Capital in post-closing class action regarding its acquisition of Lionbridge Technologies. Obtained summary judgment; affirmed on appeal. See Laborers Local #231 v. Cowan, 837 Fed. Appx. 886 (3d Cir. 2020). Represented H.I.G. Capital in a post-closing damages action regarding its acquisition of NCI Inc. Prevailed on motion to dismiss; affirmed on appeal. See English v. Narang, 2019 WL 1300855 (Del. Ch., Mar. 20, 2019), aff’d 2019 WL 5681416 (Del., Nov. 1, 2019).
• Sanderson Farms — Represented Sanderson Farms and its executives in a securities fraud class action regarding the company’s compliance with antitrust laws. Prevailed on motion to dismiss; affirmed on appeal. See Gamm v. Sanderson Farms, 944 F.3d 455 (2d Cir. 2019). 
• Hecla Mining Company — Representing Hecla Mining Company and its officers in securities fraud action arising out of its acquisition of Klondex Mines. Previous successful representations of Hecla and its principals include: Kooker v. Baker, 497 F. Supp. 3d 1 (D. Del. 2020); In re Hecla Mining Co. Deriv. Shareholder Litig., 2014 WL 689036 (D. Idaho Feb. 20, 2014); Bricklayers of Western Pennsylvania Pension Plan v. Hecla Mining Co., 2013 WL 5423875 (D. Idaho, Sept. 26, 2013); South v. Baker, 62 A.3d 1 (Del. Ch. 2012).
• Rio Tinto — Represented Rio Tinto in a securities fraud class action regarding the company’s compliance with anti-corruption laws. Prevailed on motion to dismiss. See Das v. Rio Tinto plc, 2018 WL 4189512 (S.D.N.Y., Aug. 31, 2018).
• General Motors — Represented General Motors in multiple shareholder derivative lawsuits concerning its response to alleged ignition switch failures in several models of GM cars. Prevailed on two contested motions to dismiss and on appeal. See Carro v. Barra, 2018 WL 1522370 (E.D. Mich., Mar. 28, 2018); In re General Motors Co. Deriv. Litig., 2015 WL 3958724 (Del. Ch., June 26, 2015), aff'd 133 A.3d 971 (Del. 2016). The remaining lawsuits were voluntarily dismissed.
• Dow Chemical — Represented Dow in shareholder derivative action alleging wrongful denial and constructive denial of a shareholder litigation demand. Prevailed on motion to dismiss. See Levine v. Liveris, 216 F. Supp. 3d 794 (E.D. Mich. 2016).
• Mines Management, Inc. — Represented Mines Management, Inc., and its directors in a securities class action under § 14(a) of the Securities Exchange Act alleging omissions in the proxy statement regarding the company’s agreement to be acquired by Hecla Mining. Successfully defeated a motion to enjoin the shareholder vote on the proposed acquisition and prevailed on a motion to dismiss. See Assad v. Mines Management, Inc., 2016 WL 4611573 (E.D. Wash., Sept. 2, 2016).
• KPMG (Canada) — Represented KPMG LLP (Canada) in a securities fraud class action concerning its audit of Poseidon Concepts Corp. Prevailed on motion to dismiss. See In re Poseidon Concepts Sec. Litig., 2016 WL 3017395 (S.D.N.Y., May 24, 2016).
• Medtronic — Represented Medtronic and senior executives in a securities fraud class action concerning their disclosures of the performance of the company’s spinal business unit. Hired after a predecessor firm was unsuccessful on a motion to dismiss. Settled on favorable terms after discovery. 
• Deloitte (Oshkosh Corp.) — Represented Deloitte in a securities fraud suit regarding its audits of Oshkosh Corp. Prevailed on a motion to dismiss and the plaintiffs did not appeal. See Ironworkers Local No. 25 Pension Fund v. Oshkosh Corp., 2010 WL 1287058 (E.D. Wis., Mar. 30, 2010).
• KPMG (Merge Technologies) — Represented KPMG in a securities fraud suit regarding its audits of Merge Technologies. Prevailed on motion to dismiss and the plaintiffs did not appeal. See Maiden v. Merge Technologies, 2008 WL 4645358 (E.D. Wis., Oct. 20, 2008).

Professional Liability Litigation

• Deloitte Tax — Represented Deloitte Tax in action brought by the Estate of William Davidson, former owner of Guardian Industries and the Detroit Pistons, alleging estate and tax planning malpractice. Prevailed on motion to dismiss and successfully defended the judgment on appeal. See Aaron v. Deloitte Tax LLP, 2016 WL 4430495 (New York Cnty, NY, Aug. 11, 2016); aff’d, 149 A.D.3d 580 (1st Dep’t 2017).
• PwC (TelexFree Litigation) — Representing PricewaterhouseCoopers in putative class action regarding alleged tax advice provided to TelexFree.
• Deloitte Consulting — Represented Deloitte Consulting in an action regarding performance under an IT consulting contract. Successfully settled during the pleadings stage of the litigation.
• PwC (SemGroup Litigation) — Represented PricewaterhouseCoopers against claims of professional negligence, breach of fiduciary duty and violation of the Oklahoma Accountancy Act. Obtained dismissal of breach of fiduciary duty and Oklahoma Accountancy Act claims. Settled remaining claim shortly before trial.
• IT Contract Matters — Represented Big Four accounting firm in multiple confidential matters arising out of performance under IT software consulting contracts.
• PwC (Harris Bank Litigation) — Represented PricewaterhouseCoopers against claim of professional negligence. Settled three weeks before trial on terms favorable to the client.

Other Financial Litigation

• YRC Worldwide — Represented YRC Worldwide in lawsuit brought by a competitor alleging a violation of a collective bargaining agreement and $750 million in damages. Obtained complete dismissal of the matter and successfully defended the dismissal on appeal. See ABF Freight System v. Int’l Brotherhood of Teamsters, 728 F.3d 853 (8th Cir. 2013).
• Payless Shoe Source v. Metro Tech Service Corp. — Prevailed at trial as counsel for Metro Tech Service Corp. in a claim for breach of contract. Defended attempt to upset arbitration award in federal court. See Metro Tech Service Corp. v. Payless Shoe Source, Inc., 2007 WL 2003039 (N.D. Ill., July 6, 2007).