Overview » More than 30 years of experience in complex securities class actions and other commercial litigation on behalf of corporations, directors and officers, and accounting firms » Advises corporate boards and officers about financial and other disclosure issues; corporate internal investigations; mergers and acquisitions; indemnification; special litigation committee activities; and director and officer fiduciary duties » Former Chairman and CEO of Oppenheimer and Former Chair of Oppenheimer's Business Litigation Group Representative Experience » Defense of Control Data and Continental Coin-Minnesota's largest securities litigation class actions brought to trial in federal and state courts » Currently defending Tyco Electronics Ltd., Medtronic, Inc., ev3 Inc., and Virtual Radiologic, Inc. in litigation involving corporate acquisitions valued at $4.5 billion » Defense of MoneyGram, Inc. in In re MoneyGram Securities Litigation relating to $1.5 billion recapitalization Representative Cases » In re MoneyGram International Inc. Securities Litigation and Derivative Litigation-Defense of MoneyGram International, Inc. and its individually-named directors and officers in 10b-5 securities class action and shareholder derivative action in Minnesota federal court. Successful settlement of the class and derivative claims related to management of and disclosures surrounding a $6 billion investment portfolio and 90% stock drop upon announcement of a $1.5 billion recapitalization of the company. » Murphy v. MoneyGram International, Inc.-Defense of MoneyGram in shareholder derivative action seeking to enjoin a $1.5 billion recapitalization of MoneyGram International, Inc. Successfully defeated the attempted injunction and obtained dismissal of the case with prejudice on a motion to dismiss. » In re ADC Telecommunications, Inc. Shareholder Litigation-Defense of Tyco Electronics Ltd. and Tyco Electronics, Minnesota, Inc. ("Tyco") in putative shareholder class action seeking to enjoin a $1.25 billion tender offer acquisition of ADC Telecommunications, Inc. by Tyco. (ongoing). » In re ATS Medical, Inc., Shareholder Litigation-Defense of Medtronic, Inc. in putative shareholder class action seeking to enjoin a $349 million acquisition of ATS Medical, Inc. by Medtronic, Inc. (ongoing). » In re ev3 Inc. Shareholder Litigation-Defense of ev3 and its individually-named board members in putative shareholder class action filed in the Minnesota and Delaware courts seeking to enjoin a $2.6 billion tender offer acquisition of ev3 by Covidien plc. (ongoing). » In re Virtual Radiologic Corporation Shareholder Litigation-Defense of Virtual Radiologic Inc. ("vRad") and its individually-named board members and officers in putative shareholder class action seeking to enjoin a $294 million dollar acquisition of vRad by Providence Equity Partners, LLC. (ongoing). » Carey v. Select Comfort- class action consumer fraud litigation relating to product sales, promotion, and warranty programs (action against client was dismissed). » In re Nash Finch Securities Litigation- class action securities and derivative actions relating to financial reporting of promotional allowances (federal and state court actions against client were dismissed). » In re Rural Cellular Securities Litigation- class action securities litigation relating to accounting for derivatives and hedging activities (federal action against client was dismissed). » American Express v. ING Capital Advisors- financial litigation arising from $1.25 billion portfolio of commercial bank loan derivatives (favorable settlement for client). » Lerfald v. BMW- class action antitrust litigation relating to distribution and pricing of BMW and other major brand automobiles in Canada and the United States (action against client was dismissed). » In re Select Comfort Securities Litigation- class action securities litigation arising from IPO financial disclosures (favorable settlement for client). » In re Control Data Securities Litigation- class action securities litigation arising from financial restatement (federal court directed verdict in favor of client followed by favorable settlement). » Moorhead v. Touche Ross- class action securities litigation arising from trust indenture bond default (federal court summary judgment in favor of client affirmed on appeal). » In re Continental Coin Securities Litigation- class action securities litigation arising from margin account commodities trading (jury verdict in favor of client in state court trial affirmed on appeal). » Bondholders Recovery Team v. Grant Thornton- class action securities litigation arising from trust indenture bond default (state court summary judgment in favor of client affirmed on appeal). » In re VidaMed Securities Litigation- class action challenging acquisition pricing and disclosures (Delaware Chancery Court actions against client were dismissed). » In re Educational Alternatives Securities Litigation- class action securities litigation arising from revenue reporting (voluntary dismissal of federal court claims after filing motion to dismiss on behalf of client). » In re Grand Casino Securities Litigation- class action securities litigation arising from financial disclosures (dismissal of federal court claims followed by favorable settlement on behalf of client). » In re Network Systems Securities Litigation- class action arising from acquisition valuation and disclosures (favorable settlement in Delaware Chancery Courts on behalf of client permitting acquisition to proceed). » In re Merrill Securities Litigation- securities litigation arising from acquisition valuation and disclosures (favorable settlement in state court on behalf of client permitting acquisition to proceed). » Preway v. Touche Ross- securities litigation challenging merger valuation (summary judgment of federal court and state court claims in favor of client). » Whitney v. McCutchen- financial litigation arising from bond default (favorable settlement in state court on behalf of client). » Genmar v. Arthur Andersen- financial litigation arising from controller's embezzlement (successful multi-party settlement of state court action). » Trane v. Touche Ross- financial litigation arising from acquisition revenue recognition (favorable settlement on behalf of client after prevailing on state court motion overcoming opposing parties' privilege claims regarding due diligence information). » First National Bank v. Touche Ross- financial litigation arising from lending disclosures (state court jury verdict in favor of client affirmed on appeal). Recognition Law clerk to the Honorable Roy L. Stephenson » United States Court of Appeals » Eighth Circuit |