Practice Areas - Securities Class Action Defense and Shareholder Litigation
- Shareholder Derivative Actions
- Merger and Acquisition Litigation
- Proxy Contests and Corporate Control Litigation
- Fiduciary Disputes
- Internal Corporate Investigations
- Government Investigations
- White Collar Criminal Defense
| - Corporate Governance
- Proxy Contests
- Litigation/Trial Practice
- SEC Enforcement
- Financial Crisis Advisory and Litigation
- Securities Class Actions and Parallel ERISA Class Actions
- Crisis Management
- Business Litigation
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| Contact Info | Telephone: 214-651-5045
Fax: 214-200-0586
http://www.haynesboone.com/nicholas_even/
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| University | Cornell College, B.A., magna cum laude, 1984 |
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| Law School | Harvard Law School, J.D., 1987 |
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| Admitted | 1988, New York; 1991, U.S. District Court, Southern District of New York; 1998, U.S. Court of Appeals, Second Circuit; 1999, Texas; 2000, U.S. District Court, Northern District of Texas; 2001, U.S. District Court, Western District of Texas; 2002, U.S. Court of Appeals, Fifth Circuit; 2003, U.S. District Court, Eastern District of Texas; 2009, U.S. District Court, Southern District of Texas |
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| Born | Jefferson City, Missouri |
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| Reported Cases | In re Schmitz, 285 S.W.3d 451 (Tex. 2009); Krim v. pcOrder.com, Inc., 402 F.3d 489 (5th Cir. 2005); In re U.S. Lines, Inc., 197 F.3d 631 (2nd Cir. 1999); Glassman v. Computervision Corp., 90 F.3d 617 (1st Cir. 1996); L & F Products v. Procter & Gamble Co., 45 F.3d 709 (2nd Cir. 1995); Anderson v. Branen, 27 F.3d 29 (2nd Cir. 1994); Anderson v. Branen, 17 F.3d 552 (2nd Cir. 1994); Folger Adam Co. v. PMI Industries, Inc., 938 F.2d 1529 (2nd Cir. 1991); Cantor v. Wachovia Mortgage, FSB, 641 F. Supp. 2d (N.D. Tex. 2009); Pedroli v. Bartek, 564 F. Supp.2d 683 (E.D. Tex. 2008); Energytec, Inc. v. Proctor, 516 F. Supp.2d 660 (N.D. Tex. 2007); Ryan v. Flowserve Corp., 2006 WL 2079330 (N.D.Tex. May 31, 2006); Harrison v. Christus St. Patrick Hosp., 432 F. Supp. 2d 648 (W.D. La. 2006); Harrison v. Christus St. Patrick Hosp., 430 F. Supp. 2d 591 (W.D. La. 2006); Harrison v. Christus St. Patrick Hosp., 2005 WL 3989794 (W.D. La. Sept. 1, 2005); Bobo v. Christus Health, 2005 U.S. Dist. LEXIS 7249 (E.D. Tex., Apr. 26, 2005); Bobo v. Christus Health, 238 F.3d 420, U.S. Dist. LEXIS 4237 (E.D. Tex. 2005); In re Fleming Cos. Secs. & Derivative Litig., 2004 U.S. Dist. LEXIS 26488 (E.D. Tex. June 10, 2004); Umsted v. Intelect Communications, Inc., 2003 U.S. Dist. LEXIS 218; Fed. Sec. L. Rep. (CCH) P 92,251 (N.D. Tex. Jan. 8, 2003); Krim v. pcOrder.com, Inc., 212 F.R.D. 329 (W.D. Tex. 2002); Krim v. pcOrder.com, Inc., 210 F.R.D. 581 (W.D. Tex. 2002); Alcina v. pcOrder.com, Inc., 230 F.Supp.2d 732 (W.D.Tex. 2002); Krim v. pcOrder.com, 2002 WL 1185913 (W.D.Tex. Apr. 12, 2002); Special Situations Fund III, L.L.P. v. ViaGrafix Corp., 2001 WL 182666 (N.D. Tex., Jan 22, 2001); In re Scholastic Corp. Securities Litigation, 1998 WL 872422 (S.D.N.Y. Dec 15, 1998); In re U.S. Lines, Inc., 169 B.R. 804 (Bankr. S.D.N.Y. 1994); Anderson v. Branen, 799 F.Supp. 1490 (S.D.N.Y. 1992); Paramount Communications Inc. v. Time Inc., 1989 WL 79880, Fed. Sec. L. Rep. P 94,514, 15 Del. J. Corp. L. 700 (Del. Ch. Jul. 14, 1989); Mills Acquisition Co. v. Macmillan, Inc., 559 A.2d 1261, Fed. Sec. L. Rep. P 94,401 (Del. Supr. May 03, 1989). |
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| ISLN | 907547714 |
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| Transactions | Mergers and Acquisitions Litigation: Has represented numerous companies, boards and special committees in connection with shareholder class actions and derivative suits in Texas, Delaware, and Nevada alleging breaches of fiduciary duty in connection with board approval of mergers and acquisitions: In re Arena Resources, Inc. Shareholder Litigation; In re Parallel Petroleum Corporation Shareholder Litigation; In re EF Johnson Technologies, Inc. Consolidated Shareholder Litigation; ICO, Inc. Special Litigation Committee; Silverleaf Resorts, Inc. Derivative Litigation; Animal Health International, Inc. Acquisition Litigation.Derivative Litigation Victory in the Texas Supreme Court: Won decision in the Texas Supreme Court for directors of Lancer Corporation in a shareholder derivative suit challenging the Board's approval of a merger and acquisition transaction, setting precedent on shareholder demand requirements under Texas corporate law. In re Schmitz, 285 S.W.3d 451 (Tex. 2009). Poison Pill Litigation: Tried the first case in U.S. corporate history involving the triggering and implementation of a shareholder rights plan ("poison pill"), before the Delaware Chancery Court, and argued in the subsequent appellate proceedings before the Delaware Supreme Court. Selectica, Inc. v. Versata Enterprises, Inc. and Trilogy, Inc. Stock Option Backdating Dismissal: Obtained dismissal of claims against the former Microtune CEO, including alleged breach of fiduciary duties and violations of federal securities laws related to stock option granting practices. Pedroli v. Bartek, 564 F. Supp.2d 683 (E.D. Tex. 2008). Health Care Class Action Defense: Defended multiple suits against not-for-profit healthcare system in putative class action litigation asserting claims of discriminatory pricing. Obtained dismissals of all federal and common law claims in both suits. Harrison v. Christus St. Patrick Hospital, 2006 WL 1217280 (W.D. La. May 3, 2006); Bobo v. Christus Health, 227 F.R.D. 479 (E.D. Tex. 2005).Victory in the Fifth Circuit on Shareholder Standing: Set precedent on the issue of shareholder standing under Section 11 of the Securities Act, successfully opposed class certification and won dismissal of the remaining individual claims, affirmed on appeal by the Fifth Circuit. Krim v. pcOrder.com, Inc., 210 F.R.D. 581 (W.D. Tex. 2002); Krim v. pcOrder.com, Inc., 2003 WL 21076787 (W.D. Tex. May 5, 2003); aff'd, 402 F.3d 489 (5th Cir. March 1, 2005). In a companion case, obtained dismissal of Rule 10b-5 fraud claims in class action alleging a lack of internal controls, improper revenue recognition, and undisclosed sales and product problems. Alcina v. pcOrder.com, Inc., 230 F. Supp. 2d 732 (W.D. Tex. 2002). Special Litigation Committee Investigation: Representation of a Special Litigation Committee of the board of one the country's largest temperature-controlled transportation services companies, in connection with investigation of breach of fiduciary duty claims arising from related-party transactions. Frozen Food Express Derivative Litigation.Broker Suit Dismissal: Won dismissal of alleged violations of federal and Texas securities statutes on behalf of licensed broker. Energytec, Inc. v. Proctor, 516 F.Supp.2d 660 (N.D. Tex. 2007). Denial of Class Certification in Fraud Suit: Argued against and won an immediate denial of class certification in a ruling from the bench in a securities fraud action, on behalf of a manufacturer of fiber-optic and video communication products, arising from a restatement of quarterly financial results. Umsted v. Intelect, Inc., 2003 WL 79750 (N.D. Tex. Jan. 7, 2003). Dismissal of IPO Class Action: Obtained dismissal of a putative class action against an issuer and certain individuals arising out alleged misrepresentations and omissions in initial public offering documents filed by a provider of interactive training and educational course products. Special Situations Fund III, L.P. v. ViaGrafix Corp., 2001 WL 182666 (N.D. Tex. Jan. 22, 2001). Hedge Fund Representation: Successfully represented hedge fund in action arising from the defendant company's failure to register shares with the SEC as required by the offering materials in a PIPE transaction. The Pinnacle Fund, L.P. v. World Wireless Communications, Inc. Other representative clients include: Wachovia, Flowserve Corporation, Dynegy Inc., Helen of Troy Limited, Lehman Brothers, Deutsche Bank Securities, Morgan Stanley, Triton Energy, Capstead Mortgage Corporation, and FirstPlus Financial Group. Mr. Even has also represented The Blackstone Group and other private equity firms in matters arising from their investments and acquisitions. |
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Documents by this lawyer on Martindale.com | |
Supreme Court Rejects Bright-Line Materiality StandardNicholas Even,Daniel H. Gold,Richard Guiltinan,Ben Johnson, March 30, 2011 In a unanimous opinion issued this week, Matrixx Initiatives, Inc. v. Siracusano, 563 U.S. -- (2011), the Supreme Court declined to adopt a proposed bright-line rule for materiality and reaffirmed the Basic “total mix” test. Specifically, the Court rejected Matrixx’s argument that... |
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