Experience

• • Obtained dismissal of securities fraud class action under Section 10(b) of the Exchange Act against former officers and directors of DataXu, Inc., and venture capital firms invested in DataXu, Inc. following the company’s sale to Roku, Inc. in the District of Massachusetts in 2022
  • Represented Senior Executives at appraisal trial for Regal Entertainment Group in Delaware Chancery Court in 2020-21
  • Obtained dismissal of merger-related claims against the directors of First Marblehead Corporation, in the Delaware Chancery Court in 2019, and as affirmed in the Delaware Supreme Court in 2020
  • Obtained stay of discovery under the PSLRA on behalf of  EverQuote, Inc. in securities fraud class action under Section 11 of the Securities Act in the Commercial Division of the New York Supreme Court in 2019
  • Obtained dismissal of securities fraud class action under Section 14 of the Exchange Act against officers and directors of Analogic Corporation in the District of Massachusetts in 2019
  • Obtained dismissal of securities fraud class action under Section 10 of the Exchange Act and Section 11 of the Securities Act against officers and directors of Acacia Communications, Inc. in District of Massachusetts in 2018
  • Obtained dismissal of merger-related claims against MKS Instruments, Inc. in Nevada State Court in 2017
  • Obtained dismissal of merger-related claims against Staples, Inc. based on exclusive forum by-law in Florida State Court in 2015
  • Obtained dismissal of derivative litigation against State Street Bank and Trust and its directors arising out of foreign exchange pricing allegations in District of Massachusetts in 2014
  • Obtained dismissal of merger-related claims against the directors of BJ's Wholesale Club, Inc. in Delaware Chancery Court in 2013
  • Successfully defended Berkshire Hills Bancorp, Inc. in Connecticut Trial Court in 2012 in a challenge to a merger, defeated an injunction after trial, and obtained dismissal of the case
  • Successfully defended Airvana Corporation in Delaware Chancery Court in 2010 in defeating expedited discovery sought against an acquisition, and obtaining a dismissal of the case
  • Represented Biogen Idec before the Massachusetts Supreme Judicial Court in 2009 in successful challenge to State Treasurer's enforcement of the abandoned property statute (Biogen IDEC MA, Inc. v. Treasurer, 454 Mass. 174 (2009))
  • Successfully defended a major pharmaceutical company in Massachusetts Superior Court in 2008 in defeating an injunction against a substantial merger transaction, and obtaining a dismissal of the case
  • Represented Sonus Networks, Inc. before the United States Court of Appeals for the First Circuit in 2007 and obtained dismissal of derivative litigation arising out of Company's Restatement (In re Sonus Networks, Inc. Shareholder Derivative Litigation, 499 F.3d 47 (1st Cir. 2007))
  • Represented a majority of the Board of Directors of the Massachusetts Turnpike Authority in corporate governance dispute with its now former Chairman in Massachusetts Supreme Judicial Court in 2006, and appointed as a Special Assistant Attorney General representing the Governor of Massachusetts in a successful effort to remove the Chairman from office
  • Obtained dismissal of securities fraud class action under Section 10 of the Exchange Act against Eclipsys Corp. in Southern District of Florida in 2004
  • Obtained dismissal of securities fraud class action under Section 10 of the Exchange Act against officers and directors of Triton Network Systems in Middle District of Florida in 2003
  • Successfully defended SinglePoint Financial Corp. against claim for advancement of attorneys' fees before Delaware Chancery Court and Delaware Supreme Court (Gentile v. SinglePoint Financial, Inc., 788 A.2d 111 (Del. 2001))
  • Represented many high technology, life sciences, and financial services companies in challenges to enjoin M&A transactions in Delaware Chancery Court and numerous state and federal courts
  • Represented several high technology clients in parallel securities fraud class actions, derivative litigation, FINRA and SEC enforcement proceedings, and internal investigations involving various conduct, including accounting fraud and stock-option backdating allegations