Hall Of Fame

Next Generation Partners

M&A litigation: plaintiff in United States

Bernstein Litowitz Berger & Grossmann LLP

Bernstein Litowitz Berger & Grossmann LLP leverages its ‘extreme knowledge in the securities litigation field’ to represent a client base consisting of public pension funds and other shareholders in disputes arising out of alleged breaches of fiduciary duties. Heading the firm’s corporate and shareholder governance team out of New York is ‘first-rate litigator’ Jeroen van Kwawegen, who secured a $162.5m settlement for minority shareholders of Santander Consumer USA Holdings, where shareholders were underpaid in the buyout of its auto loan division. Greg Varallo, described as ‘one of the best litigators and trial lawyers in Delaware’ also appeared in the Santander case and heads the firm’s Wilmington office, offering decades of experience of litigating cases before the Delaware Court of Chancery in addition to state and federal courts. May 2024 saw the firm strengthen its ranks with the return in New York of Christopher Orrico from Grant & Eisenhofer P.A., augmenting its ability to bring cases tied to the violation of shareholder rights and breach of fiduciary duties. Also in New York, Thomas James is noted for his expertise in prosecuting cases arising out of poor corporate governance.

Responsables de la pratique:

Jeroen van Kwawegen; Greg Varallo


Autres avocats clés:

Christopher Orrico; Thomas James


Les références

‘Best in class for plaintiffs’ securities class actions and fiduciary breach cases.’

‘Greg Varallo is one of the best litigators and trial lawyers in Delaware.’

‘BLBG is one of, if not the, best plaintiff-side firms in this space. They do the work and think carefully before bringing a case, and they are not in it just to get a quick early settlement.’

Principaux clients

ACATIS Investment Kapitalverwaltungsgesellschaft mbH


Bayerische Landesbank


California Public Employees’ Retirement System


Connecticut Retirement Plans and Trust Funds


Electrical Workers Pension Fund, Local 103, I.B.E.W


Hachshara Insurance Company Ltd.


Handelsbanken Fonder AB


Indiana Public Employees’ Retirement Fund


Los Angeles County Employees Retirement Association


Maryland State Retirement & Pension Systems


Miami General Employees’ & Sanitation Employees’ Retirement Trust


New Mexico Educational Retirement Board


New York State Teachers’ Retirement System


Norges Bank


Oakland County Employees Retirement System and Oakland County VEBA


Ohio Public Employees Retirement System


Police & Fire Retirement System of the City of Detroit


Public Employees Retirement Association of New Mexico


Quoniam Asset Management GmbH


Teacher Retirement System of Texas


Principaux dossiers


  • Represented the Police & Fire Retirement System of the City of Detroit and a class of former stockholders of Columbia Pipeline Group in litigation related to the sale of the company to TC Energy, securing a $350m post-trial judgment.
  • Represented The Liverpool LP and Elliot International LP as shareholders in Santander Consumer USA Holdings in a Delaware suit alleging investors were underpaid in the $2.5b squeeze-out merger of minority public investors.
  • Acted for a class of shareholders in a Delaware case alleging that a Discovery controller extracted $1.1bn in side benefits from the merger of Discovery and WarnerMedia.

Kessler Topaz Meltzer & Check, LLP

Pension funds and a variety of other stockholders rely on Kessler Topaz Meltzer & Check, LLP for representation in litigation concerning allegations of securities fraud and conflicts of interest in mergers. In addition, the firm is often tasked with bringing suit on behalf of public bodies, including municipalities, state agencies and attorneys general. Lee Rudy specializes in cases arising out of both corporate and derivatives transactions; in October 2024 he secured a $162.5m settlement for minority shareholders in Santander Consumer USA Holdings Inc., who lost out following its sale by the parent bank. Eric Zagar, whose specialty lies in pursuing cases against directors and officers, was retained by Activision shareholders in relation to both misconduct by its CEO and the merger with Microsoft. Daniel Albert brings additional expertise holding public companies accountable to shareholders for poor governance. Grant Goodhart splits his focus between M&A and governance disputes; both he and Albert represented, alongside Rudy and Zagar, Discovery shareholders in a class action alleging other shareholders acted against its best interests in the merger with WarnerMedia, securing a $125m settlement. All lawyers mentioned here are based in Pennsylvania.

Responsables de la pratique:

Lee Rudy; Eric Zagar; Daniel Albert


Autres avocats clés:

Grant Goodhart


Principaux clients

AP7 – Seventh Swedish National Pension Fund


Norges Bank Investment Management


British Airways Pension Trustees Limited


SEB Investment Management AB


Industriens Pensionsforsikring A/S


AMF Pensionsförsäkring AB


Principal Global Financial Group


Franklin Templeton Investments


Nationwide Investment Funds


Nordea Investment Funds (Luxembourg)


Arkansas Teacher Retirement System


Equity-League Pension & Health Trust Funds


United Food & Commercial Workers 464(a) Benefit Funds


Lebanon County Employees’ Retirement Fund


Teamsters Local Union No. 142 Pension Fund


Laborers Joint Pension Trust for Southern Nevada


Iron Workers District Council (Philadelphia & Vicinity) Retirement and Pension Plan


Cleveland Bakers & Teamsters Fund


Orange County Employees’ Retirement System


Naventi Fonder


Universal Investments


Grant & Eisenhofer P.A.

Grant & Eisenhofer P.A. represents both public and private investors in claiming damages for breaches of fiduciary duty at boardroom level and for issues arising out of failures of governance. The firm is noted for its expertise in assisting SPAC shareholders launch claims against directors who acted against the shareholders’ best interests. In New York, founder Jay Eisenhofer counts a number of major public pension funds among his clients and brings considerable experience to bear in litigating precedent-setting cases. In Delaware, Michael Barry represents institutional investors in matter ranging from securities fraud to shareholder proposals, and has recently secured settlements for investors in SPACs, in addition to securing a $22m for former Golden Nugget Online Gaming Inc. shareholders, who challenged its acquisition by DraftKings Inc. Also based in Wilmington is Christine Mackintosh, who frequently appears before the Court of Chancery, including in a recent case where she secured a $12m settlement for investors in a SPAC administered by Cantor Fitzgerald, where breaches of fiduciary duties were made in relation to the purchase of View Inc.

Responsables de la pratique:

Jay Eisenhofer; Michael Barry; Christine Mackintosh


Les références

‘Christine Mackintosh is an excellent litigator. She is experienced, determined, and strong in court.’

‘I think the G&E team has a strong knowledge base within its ranks of partners.’

‘G&E is one of the most prominent and long-standing plaintiff-side firms in Delaware, with a stellar reputation and huge credibility with the court.’

Principaux dossiers


  • Represented former shareholders of Golden Nugget Online Gaming Inc. against controlling stockholder Tilman J. Fertitta and others, resulting in a $22m settlement.
  • Served as counsel in a take-public merger with Sema4 Holdings, resulting in a tentative $21m settlement.
  • Represented investors impacted by a SPAC deal concerning View Inc.

Labaton Keller Sucharow LLP

Labaton Keller Sucharow LLP has a strong record before both the Delaware Court of Chancery and Delaware Supreme Court, assisting pension funds in recovering damages incurred as a result of failures of corporate governance, securities fraud and other merger-related issues. Practice head Ned Weinberger represents individual and classes of shareholders across both transaction and governance-related disputes, and achieved a high profile success for The Ontario Provincial Council of Carpenters’ Pension Trust Fund in securing both a $123m settlement and a promise from Walmart to reform its governance practices following failures in its management of its prescription opioid business. Mark Richardson and Brendan Sullivan both offer considerable experience in handling class actions arising out of mergers and ineffective governance structures; both worked on the Walmart matter alongside Weinberger and also appeared alongside him for the Bricklayers Pension Fund of Western Pennsylvania, for which they achieved a $125m settlement arising from the actions of a fellow Discover shareholder in relation to the Discovery – WarnerMedia merger. All lawyers mentioned are based in Wilmington.

Responsables de la pratique:

Ned Weinberger


Autres avocats clés:

Mark Richardson; Brendan Sullivan


Principaux clients

Steamfitters Local 449 Pension Plan


Public Employees’ Retirement System of Mississippi


Nantahala Capital Partners II Limited Partnership


Massachusetts Laborers’ Pension Fund


Cambridge Retirement System


Employees’ Retirement System of Rhode Island


Bricklayers Pension Fund of Western Pennsylvania


Boston Retirement System


Wayne County Employees Retirement System


Denver Employees Retirement System


Utah Retirement Systems


Oakland County Retirement System


City of Warwick Retirement System


Oklahoma Firefighters Pension & Retirement System


Principaux dossiers


  • Represented the Bricklayers Pension Fund of Western Pennsylvania as a former shareholder of Discovery, Inc. in connection with Discovery’s purchase of WarnerMedia, achieving a $125m settlement.
  • Secured a $123m settlement and governance reforms for The Ontario Provincial Council of Carpenters’ Pension Trust Fund in a dispute with Walmart Inc. over its prescription opioid business.

Robbins Geller Rudman & Dowd LLP

Robbins Geller Rudman & Dowd LLP has a strong track record in representing shareholders bringing claims in relation to alleged securities fraud and breaches of fiduciary duty, in addition to assisting them in challenging proposed mergers. San Diego-based Randall Baron's focus lies in disputes centered on takeovers, securities and breach of fiduciary duties. Baron frequently works alongside Christopher Lyons, who splits his time between Nashville and Wilmington, is sought after for his experience in representing classes of investors in both merger and securities fraud-related litigation.

Responsables de la pratique:

Randall Baron; Christopher Lyons


Principaux dossiers


Brown Rudnick LLP

Brown Rudnick LLP‘s plaintiff-side practice represents corporates, private equity houses and individual executives and stockholders in matters ranging from post-M&A disputes to issues arising out of earnouts, RWI policy claims and fraud claims, among others. Heading the practice are Dylan Kletter, who works out of the firm’s New York and Hartford offices, and Mark Baldwin, based in Hartford, who act for corporate and private equity buyers looking to bring claims tied to failed mergers or issues over purchase prices. Kletter has recently been retained by T. Gray Utility for a suit against AIMS Companies, alleging that the buyer committed fraud in preventing the payout of a post-acquisition earnout. Anthony Boccamazzo, who also works out of New York and Hartford, offers additional expertise in representing clients in securities and post-merger disputes.

Responsables de la pratique:

Dylan Kletter; Mark Baldwin


Autres avocats clés:

Anthony Boccamazzo


Principaux clients

SPay Inc


Prospect Medical


T. Gray Utility


Principaux dossiers


  • Represented SPay in a dispute over its acquisition of the assets of Stack Media.
     
  • Represented Prospect Medical in a dispute related to its $180m acquisition of a nonprofit hospital network in Connecticut from the Eastern Connecticut Health Network.

Selendy Gay PLLC

Selendy Gay PLLC is often selected by plaintiffs looking to challenge inadequate corporate governance or bringing post-M&A suits, with considerable experience in litigating cases before the Delaware Court of Chancery. The team is spearheaded by founding partners Philippe Selendy and Jennifer Selendy, both of whom bring decades of expertise in handling breach of fiduciary duty, breach of contract and earnout disputes. They achieved a notable success for Fortis Advisors LLC in 2024, securing a $1.1bn award for it as a former shareholder in Auris Health, Inc. following its acquisition by Johnson & Johnson, which they alleged had committed breaches of contract and fraud in order to prevent earnout payments tied to the development of medical robots.

Responsables de la pratique:

Philippe Selendy; Jennifer Selendy


Principaux clients

Fortis Advisors LLC


Trifecta Multimedia Holdings


Mudrick Capital Management L.P./Ellington Management Group


UMB Bank NA


Principaux dossiers


  • Represented Fortis Advisors, the former shareholders of Auris Health, in an earnout dispute with its acquiror, Johnson & Johnson, securing a judgement for over $1bn.
  • Represented Trifecta Multimedia Holdings Inc. and its founder, Dave Young, as lead counsel to plaintiffs in an earnout dispute in Delaware Chancery Court.
  • Represented former holders of warrants in QuarterNorth Energy, Inc., who allege that the board of directors and controlling stockholders undervalued their warrants when conducting a contractually required anti-dilution adjustment in connection with a dividend to stockholders and a merger with Talos, Inc.