Directors’ & Officers’ Liability & Corporate Governance

Directors' & Officers' Liability & Corporate Governance Representative Matters

• Achieved a successful result for directors and officers of a telecommunications company in a federal law suit filed in New York alleging claims of securities fraud in excess of $100 million.
• Successfully represented the CFO of a publicly traded company – a provider of signaling platforms – in an SEC investigation of options back-dating and earnings management, resulting in no criminal charges.
• Represented successfully officers and directors of a submarine manufacturer in a shareholder oppression lawsuit.
• Successfully represented officers and directors of a national cosmetics manufacturer in false advertising claims relating to products.
• Achieved a successful result for a national mushroom farm in an internal investigation of embezzlement by the CFO.
• Represented successfully a board of directors in an action challenging the director's fiduciary duties and the proper constitution of the board.
• Successfully represented the former director of a failed bank against mismanagement claims asserted by the Federal Deposit Insurance Corporation (FDIC).
• Successfully represented directors and officers of a retirement community in a class action in connection with 91 claims arising out of a failed senior housing project.
• Achieved a successful result in a series of defamation claims on behalf of officers and directors of a homeowner's association consisting of more than 500 homes.
• Represented successfully officers and directors of a charitable foundation in issues concerning the control of the foundation board and other corporate governance decisions.
• Successfully represented officers and directors of a wholesale t-shirt manufacturer in a TRO hearing against its competitor relating to theft of trade secrets and other claims.
• Successfully represented officers and directors of a major snack food manufacturer in breach of fiduciary duty claims.
• Successfully represented a major hotel chain and officers in TRO proceedings relating to business disputes with certain customers.
• Represented successfully a technology company in a federal shareholder suit alleging entitlement to earn-out payment pursuant to an earn-out provision in a stock purchase agreement.
• Achieved a successful result on behalf of a global provider of medical technology in an internal investigation of Sarbanes Oxley violations by the CEO on behalf of general counsel.
• Successfully represented a nonprofit board in various claims including breach of contract and whistle blowing.
• Successfully represented former officers and directors of various companies in Chapter 7 bankruptcies.
• Successful representation of officers and directors of numerous MRI centers in a dispute over earn-out and other contractual provisions.
• Represented successfully the owner of an Internet pharmacy in a federal grand jury investigation, resulting in declination of prosecution.
• Successfully represented officers and directors of publicly traded companies in SEC accounting investigations as well as investigations by the Public Company Accounting Oversight Board (PCAOB).
• Achieved a successful result for an officer of a publicly traded company in the business of marketing research under SEC investigation.