Alston & Bird secured a significant victory for Massachusetts-based Checkpoint Therapeutics, a biopharmaceutical company specializing in cancer immunotherapies and treatments, and its CEO in a securities class action in the Southern District of New York. The suit alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act, claiming the company made materially false or misleading statements about the likelihood of Food and Drug Administration approval for a biologics license application. In a detailed ruling issued May 19, the court granted our motion to dismiss the case with prejudice, finding the plaintiff failed to adequately plead any false or misleading statements or the scienter required for securities fraud.
Representing Checkpoint was an Alston & Bird team led by partners Brett Jaffe, Tim Fitzmaurice, and Matt Mamak; senior associate Sierra Shear; and associates Lex Mayo and John Zarrilli (Securities Litigation).