Experience

  • Securities Class Actions, Derivative Cases, Sec/Regulatory Inquiries and Related Matters

    • Léo Apotheker, former CEO of Hewlett-Packard Company, in securities class actions, derivative litigation and regulatory inquiries arising from HP’s acquisition of Autonomy.
    • Kenneth D. Lewis, former Chairman and CEO of Bank of America Corp., in shareholder, derivative and other litigation that arose out of Bank of America’s acquisition of Merrill Lynch during the 2008 financial crisis.
    • A large integrated agricultural commodities company in responding to a Section 220 demand under Delaware Corporate law.
    • Mechel, a Russian mining and metals conglomerate, in winning dismissal of securities fraud claims in the Southern District of New York brought after senior Russian officials made negative comments about the company and levied an antitrust fine for alleged price discrimination.
    • Yukos Oil Company and its officers in winning dismissal of securities fraud claims in the Southern District of New York related to Russian tax enforcement proceedings against the company and the Russian government’s subsequent nationalization of its oil-producing assets.
    • Interstate Bakeries Corporation and three of its former officers and directors in securities class action and derivative litigation in the Western District of Kansas arising out allegations that the value of IBC shares declined as a result of its failure to meet earnings guidance.
    • Royal Dutch Shell and more than a dozen of its current or former officers, directors and employees in SEC enforcement proceedings, and in securities class action litigation, ERISA class action litigation, and derivative litigation pending in the District of New Jersey, all arising out of Shell’s proved oil and gas reserves recategorization.
    • Global Crossing and more than 30 of its current or former officers, directors and employees in SEC enforcement proceedings and Congressional investigations, and in securities class action litigation, ERISA class action litigation and other commercial litigation in the Southern District of New York, all arising out of Global Crossing’s bankruptcy filing.
  • Internal Corporate Investigations and Related Matters

    • A Russian telecommunications company and its audit committee in a review of transactions relating to the operations of one of the company’s Central Asian subsidiaries.
    • A large U.S. food products company in a review of anti-corruption compliance issues at an overseas subsidiary.
    • The Audit Committee of a U.S. public company in the pharmaceutical industry in China in a review under the FCPA.
    • The Audit Committee of an Indian manufacturing company in a review of anti-corruption compliance issues.
    • A large private equity firm in an FCPA compliance review of its portfolio companies and related compliance programs.
    • A large integrated oil and gas company in a review of issues related to questionable payments in Africa and Asia.
    • Siemens’s Audit Committee in a worldwide investigation into possible corrupt payments to government officials leading to an early settlement with the U.S. and German authorities.
    • The independent directors of a large publicly traded retailer in a review of stock-option issues, including the dating of options, potential related financial reporting matters and pending governmental investigations and private shareholder lawsuits.
    • The Audit Committee of a large public company in the healthcare industry in an internal review of whistleblower allegations of possible manipulation of bad debt reserves.

Education

  • Columbia Law School, 1987, J.D.
  • Columbia University, 1984, M.A.
  • University of Utah, 1980, B.S.

Languages

  • English