Expertise

We specialize in rectifying shareholder injury by aggressively challenging the misconduct of directors and officers through high stakes litigation.

Representing shareholders of both public and private corporations, our goal is to defend shareholder value and improve corporate governance practices throughout the nation by successfully prosecuting shareholder claims.  We protect shareholders against wrongs such as:

Fraud
Breach of fiduciary duty
Corporate waste
Self-dealing
Insider trading
Unjust enrichment
Accounting impropriety
Misrepresentations in financial statements

Representing shareholders of both public and private corporations, our goal is to defend shareholder value and improve corporate governance practices throughout the nation by successfully prosecuting shareholder claims.  We protect shareholders against wrongs such as:

Lacey v. Larrea, et al. (Delaware Court of Chancery) (C.A. No. 11779-VCG)

Secured a $50 million cash recovery for the public stockholders of Southern Copper corporation.

Schechter, et al. v. Calamos, et al. (Delaware Court of Chancery) (C.A. No. 2017-0356-JTL)

Secured a roughly $22 million cash recovery for the public stockholders of Calamos Asset Management, Inc.

Aldridge v. Blackmore, et al. (Delaware Court of Chancery) (C.A. No. 12196-CB)

Secured a $20 million cash recovery fund for TerraForm Global, Inc. and its stockholders.

Vero Beach Police Officers' Retirement Fund v. Bettino, et al. (Delaware Court of Chancery) (C.A. No. 2017-0624-JRS)

Secured a $17.95 million cash recovery fund for TD Ameritrade Holding Corporation and its stockholders.

In re ArthroCare Stockholder Litigation (Delaware Court of Chancery) (C.A. No. 9445-VCL)

Secured a $12 million cash settlement fund for the stockholder class.

Haverhill Retirement System v. Kerley, et al. (Delaware Court of Chancery) (C.A. No. 11149-VCL)

Secured a $10 million cash settlement fund for Providence Service Corp. and its stockholders.

Ann Arbor City Employees Retirement System v. Katzenberg (Delaware Court of Chancery) (C.A. No. 12507-CB)

Secured a $4.5 million cash fund for the stockholder class.

Recovery Action Against Leading Digital Asset/Cryptocurrency Exchange

Secured a full recovery for an investor in connection with a dispute involving a leading cryptocurrency exchange, which had appropriated a significant amount of the investor's digital currency.

In re VAALCO Energy, Inc. Consolidated Stockholder Litigation (Delaware Court of Chancery) (C.A. No. 11775-VCL)

Secured invalidation of unlawful charter and bylaw provisions that prohibited stockholders from removing directors with or without cause in violation of Section 141(k) of the Delaware General Corporation Law.

City of Riviera Beach General Employees Retirement System v. Aaron's Inc., et al. (Superior Court, Gwinnet County, Georgia)

Secured remediation of unlawfully composed classified board of directors.

Norfolk County Retirement System v. Sangwoo Ahn & Furmanite Corp., et al. (Delaware Court of Chancery) (C.A. 10727-VCG)

Secured elimination of improper "dead hand" poison pill.

City of Atlanta Firefighters' Pension Fund v. Creel, et al. (Delaware Court of Chancery) (C.A. No. 9924-CB)

Secured waiver of standstill provisions in non-disclosure agreements with potential acquirers that prevented potential acquirers from submitting competing bids for the company.

Miller v. Bolduc, et al. (Commonwealth of Massachusetts Superior Court) (C.A. No. 15-0807-BLS)

Compelled company to hold its first annual meeting in over five years, and put to a shareholder vote a compensation plan amendment that allowed for significant stock options to company insiders.

H&N Management Group, Inc. & Aff Cos Frozen Money Purchase Plan v. Couch, et al. (Delaware Court of Chancery) (C.A. No. 12847-VCMR)

On June 11, 2019, the parties filed with the Court a stipulation of settlement contemplating settlement of this action for a $33.5 million cash payment to AGNC and its stockholders.

Morris v. Spectra Energy Partners (DE) GP, et al. (Delaware Court of Chancery) (C.A. No. 2019-0097-SG)

Class and derivative action alleging that in 2015, Spectra Energy Corp. ("SE Corp") improperly caused Spectra Energy Partners, LP ("SEP") to sell to SE Corp interests in two liquid natural gas pipeline companies for approximately $500 million less than SE Corp said they were worth. In a decision dated June 27, 2017, the Court denied in part Defendants' motion to dismiss. Following an acquisition of SEP, this action is in the motion to dismiss phase.

Grace v. Apple (United States District Court for the Northern District of California) (5:17-cv-00551-LHK)

Class action alleging that in 2014, Apple, Inc. intentionally broke its FaceTime feature for millions of its users in order to boost its profits. On July 27, 2017, the Court denied the Defendant's motion to dismiss. In a decision dated September 18, 2018, the Court certified a class of iPhone 4 and iPhone 4S owners in California.

In re AmTrust Financial Services, Inc. Stockholder Litigation (Delaware Court of Chancery) (C.A. No. 2018-0396-AGB)

Class action challenging AmTrust Financial Services, Inc.'s November 29, 2018 going-private merger with Evergreen Parent L.P., including based on a failure to secure adequate value for derivative claims alleging a usurpation of corporate opportunity by the controlling stockholder group of AmTrust in connection with the 2014 acquisition of property and casualty insurer Tower Group International. This action is in the motion to dismiss phase.

Chester County Employees Retirement Fund v. KCG Holdings, Inc. (Delaware Court of Chancery) (C.A. No. 2017-0421-JTL)

Class action challenging the 2017 merger of KCG Holdings, Inc. and Virtu Financial, Inc., in which KCG stockholders were cashed out of their investment for a less than value-maximizing price. On June 21, 2019, the Court denied the Defendants' motions to dismiss in full. This action is currently in the discovery phase.

Appel v. Berkman, et al. (Delaware Court of Chancery) (C.A. No. 12844-VCMR)

Stockholder class action alleging breaches of fiduciary duty by the Diamond Resorts International board of directors in connection with the 2016 sale of Diamond to private equity firm Apollo Global Management. In a decision dated February 20, 2018, the Delaware Supreme Court reversed the Court of Chancery's dismissal of the action, reinstating it for further proceedings below. The case is now in the discovery phase.

Olenik v. Lodzinski, et al. (Delaware Court of Chancery) (C.A. No. 2017-0414-JRS)

Class and derivative action challenging the merger of Earthstone Energy, Inc. and Bold Energy III LLC on the basis that, inter alia, the merger provided a bailout of EnCap Investments, L.P.'s struggling investment in Earthstone to the detriment of Earthstone and its minority stockholders. In a decision dated April 5, 2019, the Delaware Supreme Court reversed the trial court's dismissal of the action, which is now in the discovery phase.

In re Tangoe, Inc. Stockholders Litigation (Delaware Court of Chancery) (C.A. No. 2017-0650-JRS)

Class action alleging breaches of fiduciary duty in connection with the June 15, 2017 take-private acquisition of Tangoe, Inc. In a decision dated November 20, 2018, the Delaware Court of Chancery denied the defendants' motions to dismiss the lawsuit. The action is now in the discovery phase.

Lenois v. Lawal, et al. (Delaware Court of Chancery) (C.A. No. 11963-VCMR)

Class and derivative action alleging an unlawful plan and scheme through which, in 2013, Erin Energy Corporation's ("Erin Energy") board of directors and the company's CEO and chairman agreed to purchase troubled Nigerian oil assets at an egregiously unfair price from a company controlled by Erin Energy's CEO and chairman. This action is currently on appeal before the Delaware Supreme Court.

In re Dell Technologies Inc. Class V Stockholders Litigation (Delaware Court of Chancery) (C.A. No. 2018-0816-JTL)

Class action challenging Dell Technologies Inc.'s ("Dell") late 2018 reclassification of its stock, which was valued at over $20 billion. In a decision dated March 18, 2019, Vice Chancellor J. Travis Laster resolved a leadership contest by issuing an order selecting FOT, Quinn Emanuel Urquhart & Sullivan LLP, Labaton Sucharow LLP and Andrews & Springer LLC to represent Dell's stockholders in this action. This action is in the motion to dismiss phase.

In re Coty Inc. Stockholder Litigation (Delaware Court of Chancery) (C.A. No. 2019-0336-AGB)

Class and derivative action challenging JAB Holding Company's acquisition of voting control of Coty Inc. through a tender offer consummated on April 30, 2019. Plaintiff is awaiting Defendants' answer, motion to dismiss or other response to the Complaint.

In re Baker Hughes, a GE Company Derivative Litigation (Delaware Court of Chancery) (C.A. No. 2019-0201-AGB)

Derivative action challenging a series of transactions entered into between Baker Hughes, a GE Company and General Electric Company on November 13, 2018. This action is in the motion to dismiss phase.

Voigt v. Metcalf, et al. (Delaware Court of Chancery) (C.A. No. 2018-0828-JTL)

Class and derivative action challenging the November 2018 merger of NCI Building Systems, Inc. and Ply Gem Parent, LLC. This action is in the motion to dismiss phase.

Salladay v. Lev, et al. (Delaware Court of Chancery) (C.A. No. 2019-0045-SG)

Class action challenging the going-private merger of Intersections Inc. with WC SACD One., Inc., which was consummated on January 11, 2019. This action is in the motion to dismiss phase.

Lacey v. Larrea, et al. (Delaware Court of Chancery) (C.A. No. 2019-0312-VCG)

Derivative action challenging related-party transactions between Southern Copper Corporation and its controlling stockholder. Plaintiff is awaiting Defendants' answer, motion to dismiss or other response to the Complaint.

Representing shareholders of both public and private corporations, our goal is to defend shareholder value and improve corporate governance practices throughout the nation by successfully prosecuting shareholder claims.  We protect shareholders against wrongs such as: