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Securities, Corporate & Regulatory Litigation: Securities Class Action Representative Cases
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Thomas S. Richey
Daniel G. Ashburn
John R. Bielema
Stacey Godfrey Evans
Ann W. Ferebee
Jennifer Devine Odom
David G. Ross
W. Scott Sorrels
Nicole Jennings Wade
Karen Wildau
  1. Roffe v. First Health Group Corp., Circuit Court of Cook County, Illinois, No. 04-CH-17370 (defense of Corporation in a $2,000,000,000 acquisition transaction against a class action alleging inadequate disclosure and seeking to enjoin the transaction).
  2. In Re: AFC Enterprises, Inc. Securities Litigation, U.S. District Court, N.D. Ga., No. 1:03-CV-0817 TWT (defense of underwriter defendants in ongoing securities fraud class action).
  3. Robert B. Silliman as Trustee v. Alan N. Johnson et al., Adversary Proceeding No. 03-06208-JB, United States Bankruptcy Court for the Northern District of Georgia, Atlanta Division (representation of four officer/director defendants in breach of fiduciary and corporate misconduct claims brought by the bankruptcy trustee of Leisure Time Casinos and Resorts, Inc.).
  4. Walter E. Huskins v. Chancellor Corporation, et al., Middlesex Superior Court, Massachusetts, Civil Action No. 04-01714F (representation of an auditing firm and individual auditor in derivative litigation and securities class action litigation alleging financial reporting violations).
  5. In Re: South Fulton Hospital Certificate Holder Litigation., U.S. District Court, N.D. Ga., No. 1:02-CV-1244-JOF (defense of Trustee and subservicer of a bond issue in a class action, ultimately obtaining denial of class certification and dismissal), which was recently affirmed by the Eleventh Circuit as reported at 365 F.3d 1284 (11th Cir. 2004).
  6. Newman, et al. v. Kitchin, et al. (Jameson Inns, Inc.), Civil Action No. 03CV10865 Superior Court of Dekalb County, State of Georgia (defense of Corporate CEO in class and derivative action; settled with non-monetary consideration to the class only).
  7. Boyd v. Hines, et al., In the Superior Court of Troup County, Georgia, 02-CV-172 (defense of a derivative and class action lawsuit against a Community Bank, ultimately obtaining dismissal).
  8. Waldman v. Lang, et al., U.S. District Court, N.D. Ga., No. 99-CV-671 (GET) (defense of NYSE listed hotel company and directors from securities fraud claims) (resolved with minimal settlement).
  9. Stucchio v. Walden, U.S. District Court, N.D. Ga., No. 1:99-CV-2157-WBH (successful defense of outside director in class and derivative action for alleged failure to obtain premium for all shareholders in sale of inside stock to foreign corporation; shareholder claims dismissed).
  10. In re Equimed, Inc. Securities Litigation, C.A. No. 98-CV-5374, E.D. Penn. (representation of former member of board of directors against claims of securities fraud asserted by class of shareholders).
  11. Hall v. Ruby Tuesday, Inc., U.S. District Court, N.D.Ga., No. 1:99-CV-0071-CC (defense of publicly traded restaurant chain against putative class action securities fraud claim).
  12. Taam Associates, Inc. v. Housecall Medical Resources, Inc., et al., U.S. District Court, N.D. Ga., No. 1:96-CV-2214-JEC, and related litigation (defense of underwriters as co-counsel in connection with fraud allegations arising from a registered securities offering) (resolved with no payment by client).
  13. Altman v. IQ Software, et al., U.S. District Court, N.D. Ga., No. 1:97-CV-3203-ODE (defense of software issuer and certain principals against charges of securities fraud in a class action) (settlement pending).
  14. Theoharous v. Fong, U.S. District Court, N.D. Ga., No. 1:98-CV-2366-JEC; Schuette v. Fong, 1:98-CV-3034-JEC (defense as co-counsel of major shareholder and director representatives in a securities fraud class action against directors, among others, by other shareholders of company in Chapter 11 proceedings) (dismissal affirmed, 256 F.3d 1219 (11th Cir. 2001)).
  15. Arcilio v. Cantor, et. al., U.S. District Court, N.D. Ga., No. 1:94-CV-2731-ODE and related litigation (defense of a national rating service in fraud-on-the-market securities class action involving Confederation Life annuities and guaranteed contracts; negotiated walk-away dismissal of client).
  16. Shore v. Busby, U.S. District Court, S.D. Ala., No. 91-1053-BH-M (defense of computer equipment manufacturer and its principals in alleged fraud-on-the-market securities class action; class representative withdrew after aggressive class discovery by defendants; case dismissed).
  17. Winicki v. Worthen Banking Corp., U.S. District Court, S.D.N.Y., No. 93-CIV-0135 (RPP) (defense of issuer in class and derivative action concerning allegedly fraudulent proxy statement).
  18. Upton v. Longhorn Steaks, Inc., U.S. District Court, N.D. Ga., No. 94-CV-0353 (defense of underwriters in connection with alleged fraudulent secondary stock offering in a securities fraud class action; settlement reached with no payment by clients).
  19. Camilleri v. American Studios, Inc., U.S. District Court, W.D.N.C., No. 3:93-CV-158-P (defense of underwriters against securities fraud-on-the-market class claims in connection with alleged fraudulent stock offerings; motion to dismiss granted with prejudice).
  20. Freeman v. Laventhol & Horwath, U.S. District Court, E.D. Ky., No. 87-217 (interlocutory appeal reported at 915 F.2d 193 (6th Cir. 1990) and appeal reported at 34 F.3d 333 (6th Cir. 1994)) (defending professionals in new issue fraud-on-the-market class action concerning failed $18,000,000 industrial revenue bond issue; obtained appellate rulings that fraud on developed market theory could not apply and that claims of four of five named plaintiffs were barred by statute of limitations).
  21. Tepfer v. Stereo Village, Inc., U.S. District Court, E.D.N.Y., No. CV-86-3029, N.D. Ga. 87-CV-1126 (defense of former company president in class action in which CFO admitted to falsification of financial statements, which allegedly inflated company's stock prices on national exchange).
  22. Henderson v. Scientific-Atlanta, Inc., U.S. District Court, N.D. Ga., No. 1:88-CV-2208-RCF (special trial counsel to Fortune 500 Company in $300,000,000 class action concerning alleged manipulation of trading on national exchange) (decision on appeal 971 F.2d 1567 (11th Cir. 1992)).
  23. Schoch v. Dade City Retirement Housing & Inc., U.S. District Court, M.D. Fla., No. 87-388-CIV-T- 10B (representation of operator of failed retirement home financed with $12,000,000 in industrial revenue bonds in defending initial issue fraud-on-the-market class action).
  24. In re Charter Medical Bondholder Litigation, U.S. District Court, M.D. Ga., No. 90-221-1-AIAC (JRE) (defense of accounting firm in fraud-on-the-market class action alleging manipulation of stock price through fraudulent financial statements).
  25. Anderson v. Bank of the South, N.A., U.S. District Court, M.D. Fla., No. 85-1222-CIV-ORL-18 (defense of law firm in class action asserting claims of initial issue fraud on the market in connection with $34,000,000 bond issue).
  26. Sheftelman v. Jones, U.S. District Court, N.D. Ga., No. 1:84-CV-472-RCF (defense of law firm in initial issue fraud-on-the-market class action concerning failed 52,000,000 bond offering to finance retirement home) (636 F. Supp. 263 (N.D. Ga. 1986).
  27. Aron v. Menefee, D.D.C., No. 91-3185-R, (representation of FDIC as intervenor in bank holding company securities and derivative action).
  28. Mendoza v. Snipes, Court of Common F Greenville, S.C., No. 89-CP-23-3649 (defense of financial institution for alleged fraud in connection with offerings of limited partnerships; settled for nominal amount, prior to multi-million dollar judgment against defendants).
  29. Friedlander v. Troutman, Sanders, Lockerman & Ashmore, U.S. District Court, N.D. Ga., No. 84-208A (interlocutory appeal reported at 788 F.2d 1500 (11th Cir. 1986)) (successful defense of law firm in class action asserting fraud in connection with forced sale of securities).
     
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