Practice

Corporate and Shareholder Litigation

When it comes to disputes with shareholders or M&A partners, your board members and your company need counsel early. The stakes can be too high to hesitate. The sooner we become involved, the more likely we are to be able to solve the problem before a lawsuit is filed.

Representative experience

Defended a global accounting firm in a ’34 Act class action alleging failure to discover a client fraudulently concealed true financial condition.

Defended a biotech company in a ’33 Act class action alleging a subsidiary misled investors by failing to disclose core products declining sales.

Defended the CEO of a major sporting goods manufacturer: ’34 Act class action alleged failure to disclose negative impact on revenue/profit margins.

Defended an infrastructure engineering and construction company: ’34 Act class action alleged false fiscal performance and estimate fee claims.

Defended a commercial-stage pharmaceutical company: ’34 Act class action alleged false claims on efficacy, results, and likely market for its drug.

Defended a pharmaceutical company and its officers: ’34 Act class action alleged false claims regarding product efficacy and clinical trial results.

Defended a manufacturing CEO in a US$20 billion securities fraud class action alleging misleading statements about its product demand and accounting.

Defended a clinical stage pharmaceutical company: ’34 Act class action alleged misrepresentation regarding FDA approval for a new drug application.

Defended a financial institution in a ’34 Act class action alleging the bank failed to accurately report its allowance for loan and lease losses.

Defended former officers of an energy company in a ’34 Act case alleging the executives concealed the company’s deteriorating financial condition.

Defended a communications company: shareholder derivative action asserting breach of fiduciary duty by introducing certain subscription TV offers.

Defended a bank: shareholder derivative action alleged breach of fiduciary duty to a subsidiary by stopping an IPO and accelerating loan repayment.

Defended a Cayman Island hedge fund in a shareholder derivative action alleging the management entity misled investors and wasted corporate assets.

Defended a Maryland-based mortgage REIT: multidistrict shareholder derivative suit challenged internalizing REIT’s past external manager and fees.

Defended a Delaware bio-tech corporation in multidistrict shareholder litigation challenging a proposed merger.

Defended a public aerospace and defense industry company dispute; joint-venture partner alleged breaches with aiding and abetting of fiduciary duty.

Defended a healthcare company in a post-acquisition dispute regarding a US$100 million post-closing price adjustment dispute.

Published Works

Guide on Internal Investigations in Germany 2018 Brochure

We are pleased to launch the sixth edition of our Hogan Lovells Guide on Internal Investigations in Germany. This publication gathers valuable insights and practical recommendations based...

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Published Works

Do Stock Drops Over Securities Fraud Suits Now Count as Securities Fraud Damages? New York Law Journal

Partner, David Wertheimer authored an article for the New York Law Journal titled: "Do Stock Drops Over Securities Fraud Suits Now Count as Securities Fraud Damages?"

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Hogan Lovells Publications

Delaware Chancery Court extends application of MFW standard to conflicted stock issuances Corporate and Shareholder Litigation Alert

In a recent decision, the Delaware Court of Chancery granted a motion to dismiss a complaint asserting breach of fiduciary duty claims arising out of a stock issuance proposed by a...

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Published Works

Mootness attorney fee awards: Will New York prove less friendly than Delaware? New York Law Journal

David F. Wertheimer and Justin S. Brenner write: Over the past few years, there has been a marked trend of corporate governance litigation involving Delaware corporations being filed...

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Published Works

Third edition of "Directors' Liability – A Worldwide Review" by Alexander Loos (Ed.)

Directors’ Liability – A Worldwide Review – edited and co-authored by our German Corporate Of Counsel Alexander Loos – is an acclaimed reference book for...

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Hogan Lovells Publications

Following Delaware’s Lead, New York Adopts Business Judgment Rule for Controlling Shareholder Going-Private Mergers Where Certain Minority Shareholder Protections are Present

In In the Matter of Kenneth Cole Productions, Inc., Shareholder Litigation (In re KCP), New York State’s highest court applied the business judgment rule in a challenge to a one-step, ...

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