- Obtained a dismissal with prejudice of a securities class action asserted against the former CEO of the health technology company Philips Respironics.
- Represented the founder of a cryptocurrency gaming site in parallel federal and state actions concerning a dispute over billions of dollars in corporate assets and bitcoin.
- Defended a specialty lending platform and its executive officers in parallel New York and Delaware state court actions, asserting, among other things, breach of fiduciary duty and contract.
- Defended the former CEO of a national bank in a securities class action and a related OCC investigation, negotiating a favorable settlement of both matters.
- Representing Celsius Holdings along with certain of its officers as lead counsel in a shareholder securities class action in Florida federal court.
- Represented Dell Technologies Inc. and certain Dell directors in litigation arising out of the company’s multibillion-dollar exchange of a tracking stock for cash and shares of Dell.
- Counsel to a former securities trader named as a defendant in highly publicized criminal and civil securities fraud actions. A jury found the client not guilty on all counts after a seven-week trial. Two years later, the SEC agreed to dismiss all claims against the client, with prejudice, after extensive discovery and a presentation to senior staff members.
- Represented international insurance brokerage in disputes, arbitrations, and court actions following an M&A transaction with a large UK-based insurance brokerage, which resulted in a global settlement.
- Representing one of the nation’s largest financial services firms in multiple litigations stemming from the bank’s debt and equity investment in an upstate New York senior-housing development.
- Secured the dismissal of a putative shareholder class action asserted against a publicly traded cancer drug developer, allowing the client to consummate a critical cash investment that would fund its promising therapies. The court granted dismissal following expedited discovery and a multiday preliminary injunction hearing on the plaintiff’s corporate governance claims.
Joseph G. Tully
Partner,
- Phone: +1 212 210 9493
- Email: joe.tully@alston.com
Joe has become known for his even-keeled approach to civil and criminal securities litigation, often representing clients before state and federal investigative agencies. His international clients, including several from the Republic of Ireland, follow his resourceful direction through the process of establishing themselves in the North American market.
- Represented a derivatives trader in global and parallel investigations into the alleged manipulation of LIBOR by the DOJ, CFTC, and the UK’s FSA, along with other regulators.
- Counsel to an $8 billion investment company, its officers and trustees in a multi-office SEC investigation regarding investment advisory fee and compliance issues.
- Represented a multinational financial services company in a joint forensic investigation between the Secret Service and Manhattan District Attorney's Office, focused on allegations that a former employee had misappropriated source code for a proprietary trading algorithm.
- Secured the appointment of a temporary receiver to complete the renovation of an office building in Manhattan and represented the investor in the related action to foreclose the $48 million mortgage.
- Counsel to large marketer, seller, and distributor of well-recognized, branded consumer products in a variety of complex commercial matters, including securities litigation and breach of contract actions.
- Counsel to an Irish company that produces and markets food items across Europe and that more recently expanded into the North American market.
- Counseled an Irish liquor company on its entry into the U.S. market.
- Represented one of the world’s largest derivatives dealers in a payment default with its customer, a multinational real estate and petroleum investor, negotiating a mutually beneficial settlement that avoided protracted litigation.
- Represented a corporate bond trader in parallel SEC and CFTC investigations into the unauthorized use of personal devices for business-related communications.
As a member of Alston & Bird’s Litigation & Trial Practice Group, Joe focuses his practice on complex, business-related litigation. Beyond commercial disputes, he has experience in securities fraud class actions, derivative suits, and merger and acquisition litigation.
Joe frequently represents clients in government investigations, representing individuals and entities before state and federal agencies, including the DOJ, SEC, CFTC, and OCC.
Joe started his legal career as a transactional attorney, representing lenders and investors in real estate mortgage and structured investment transactions.
Given his background as a transactional attorney, clients trust Joe for advice outside of the litigation arena. For example, he has represented foreign companies – including a number of Irish transnationals – that wish to establish operations in the U.S. In particular, he has guided these companies through the formation of entities in the U.S., immigration compliance, and other regulatory issues.
In 2005, Joe received his J.D., cum laude, from St. John’s University School of Law, where he served as an editor for the American Bankruptcy Institute Law Review. As a law student, he interned with the Hon. Kevin T. Duffy of the U.S. District Court for the Southern District of New York. Joe graduated from Boston College in 2000, with degrees in finance and information systems.
Bar Admissions
- New York
Education
- St. John’s University (J.D., 2005)
- Boston College (B.S., 2000)
Memberships
- American Ireland Fund, patron and young leader
- Alston & Bird’s Diversity Committee
- CFA Institute’s Claritas® Investment Certificate