Shareholder Litigation
- Represented ZAIS Financial in litigation filed in connection with its merger with a privately held commercial mortgage real estate investment trust.
- Represented Coca-Cola Enterprises and certain of its officers and directors in a series of putative class actions alleging that the defendants breached their fiduciary duties by approving a three-way merger to form Coca-Cola European Partners (CCEP).
- Represented Heritage Financial and its directors in a putative class action challenging Renasant Corporation’s proposed acquisition of Heritage.
- Represented Southside Bancshares in a putative class action challenging its proposed $307 million acquisition of OmniAmerican Bancorp Inc.
- Represented Savannah Bancorp and its directors in a putative class action challenging SCBT Financial Corporation’s $67.1 million acquisition of Savannah Bancorp.
- Represented Cogdell Spencer and its board of directors in several putative class actions that challenged the company’s proposed merger with Ventas Inc.
- Represented Comverge and 10 former Comverge directors in a series of putative stockholders class actions alleging that the defendants breached their fiduciary duties to Comverge shareholders in connection with the company’s $48.2 million merger with H.I.G. Capital LLC.
- Represented Murata Electronics in a putative class action challenging the company’s $22 million acquisition of RF Monolithics Inc.
- Represented Whitney Holding and its directors in a putative class action challenging a merger between the company and Hancock Holding Company.
- Represented certain present and former directors and officers of CheckFree in related derivative and class action merger suits challenging the $4.4 billion acquisition of CheckFree by Fiserv.
Corporate Governance Litigation
- Representing Babcock & Wilcox and certain of its officers and directors in a putative securities class action alleging that the company’s public statements were false and misleading because of the failure to disclose productivity and scheduling issues related to long-term construction projects in the company’s renewable segment.
- Representing certain former directors and officers of Buckhead Community Bank in a lawsuit filed by the FDIC alleging negligence, gross negligence, and breach of fiduciary duty. FDIC v. Loudermilk
- Represented an officer of Westernbank Puerto Rico, which was sued by the FDIC for alleged mismanagement of the bank leading to putative damages of nearly $200 million. FDIC v. Stipes, et al.
- Represented former directors and officers of Haven Trust Bancorp in a putative securities class action arising out of private offerings of Haven’s stock and alleged claims for violations of Sections 10(b) and 20(a) of the Securities Exchange Act and state securities law, as well as claims for common law fraud and negligent representation.
- Represented the former CFO of Integrity Bank in two adversary proceedings filed by the trustee of the bankruptcy court. In the first adversary proceeding, the trustee alleged that our client, along with the CEO and other executives of the bankrupt holding company and bank, caused the bank to fail by engaging in negligent activities and breaching their fiduciary duties. In the second adversary proceeding, the trustee sought a declaration concerning whether coverage exists under a directors and officers liability insurance policy to defend against the allegations set forth in the first adversary proceeding.
- Represented the former directors and officers of the Bank of Asheville in a lawsuit filed by the FDIC for breaches of fiduciary duty in the alleged mismanagement of the bank.
- Represented the directors and officers of Georgian Bank in a putative shareholder class action for alleged mismanagement of the bank.
- Represented the directors and officers of Community Bank & Trust in a lawsuit filed by the FDIC for breaches of fiduciary duty in the alleged mismanagement of the bank.