Corporate & Securities Litigation

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Overview

Robinson Bradshaw represents public and private companies, boards of directors, equity sponsors, and lenders in merger and acquisition litigation, general corporate litigation, and securities litigation and arbitration.

Our public company litigation experience includes derivative suits, hotly contested and fully litigated public company takeover disputes involving a hostile suitor or suitors, and typical class action shareholder suits often filed after announcement of a public company merger or acquisition. We also defend lenders in suits alleging breach of loan commitments and tortious interference.

Our attorneys also have extensive experience in disputes concerning privately held corporations, partnerships and LLCs. We have represented both minority and majority shareholders in "squeeze out" and other fiduciary litigation, in deadlock situations, in suits involving alleged diversion of assets and business opportunities, and in "Meiselman" actions.

We defend securities claims against commercial banks, investment bankers, underwriters and issuers, and we have significant experience in defending public corporations accused of proxy fraud or facing proxy battles and unwanted takeovers by hostile suitors. We also defend officers and directors against claims based on secondary theories of liability, such as control person liability, respondeat superior, and aiding and abetting. We also represent stock brokerage firms in disputes with their clients or brokers.

Honors & Awards

  • U.S. News – Best Lawyers, Best Law Firms, Charlotte Tier 1 for litigation – securities, 2012-23

Experience

  • Represented strategic acquirer Ecolab Inc. in Swisher Merger Shareholder Litigation. Raul et al. v. Burke, 15 CVS 16703 (N.C. Bus. Ct. 2015-16).

  • Represented private equity sponsor Court Square Capital Partners in Pike Merger Shareholder Litigation. In re Pike Corp. S’holder Litig., 14 CVS 1202 (N.C. Bus. Ct. 2014-15).

  • Represented Wachovia Corp. (pre-merger) and Wells Fargo (post-merger) in litigation with Citigroup and in a shareholder lawsuit seeking to enjoin the merger. E.g. Ehrenhaus v. Baker, 2008 NCBC 20 (N.C. Bus. Ct. 2008), aff’d, 243 N.C. App. 17 (2015). 

  • Represented acquirer Forest Laboratories in Furiex Merger Shareholder Litigation. Shinneman v. Furiex Pharms., Inc., 14 CVS 6955 (N.C. Bus. Ct. 2014-15); Nakatsukasa v. Furiex Pharms., Inc., 14 CVS 6156 (N.C. Bus. Ct. 2014-15).

  • Represented the minority shareholders of a closely held family corporation in Beam Rest Home, Inc. Shareholder Litigation. Mauney et al. v. Beam Rest Home, Inc. et al, (NCBC 2015).

  • Represented a private equity sponsor-seller in the successful resolution of an earnout and post-closing claims dispute following the sale of a portfolio company to a publicly traded buyer.

  • Represented Carlyle Group and Hellman & Friedman in PPDI Merger Shareholder Litigation. In re PPDI Litigation, 11 CVS 1486 (N.C. Bus. Ct. 2011-12).

  • Represented Siris, Convest and other sponsor defendants in Tekelec Merger Shareholder Litigation. Coyne v. Tekelec, 11 CVS 17255 (N.C. Bus. Ct. 2011-12); Ferguson v. Tekelec, 11 CVS 17600 (N.C. Bus. Ct. 2011-12).

  • Represented Duke Energy in Duke Energy/Progress Energy Shareholder Litigation. In re Progress Energy Shareholder Litigation, 11-CVS-739 (N.C. Bus. Ct. 2011); Galaton v. Johnson, 2011 U.S. Dist. LEXIS 92125 (E.D.N.C. 2011).

  • Represented Family Dollar and its directors in Family Dollar Shareholder Litigation. Rothenberg v. Levine, 11-CVS-4914 (N.C. Bus. Ct. 2011).

  • Represented Wachovia and its directors in damages actions filed by shareholders arising from Wachovia/Wells Fargo merger. Browne v. Wachovia Corp., 2011 NCBC 4 (N.C. Bus. Ct. 2011), aff’d 2012 N.C. App. LEXIS 439 (N.C. Ct. App., April 3, 2012); Harris v. Wachovia Corp., 2011 NCBC 3 (N.C. Bus. Ct. 2011); Rivers v. Wachovia Corp., 819 F. Supp. 2d 484 (D.S.C. 2010), aff’d 665 F.3d 610 (4th Cir. 2011); Rice-Marko v. Wachovia Corp., 2009-CP-10-6230 (S.C. Bus. Ct. 2010), aff’d 728 S.E.2d 61 (S.C. Ct. App. 2012).

  • Represented Blackstone Group in Blackstone/Polymer Group Merger Litigation. Dugdale v. Polymer, 10-CVS-20527 (N.C. Bus. Ct. 2010).

  • Represented CommScope and its directors in CommScope Inc. Shareholder Litigation. Dadachanji v. CommScope, Inc., 5:10-cv-00183 (W.D.N.C. 2010).

  • Represented BB&T and its directors in BB&T Shareholder Derivative Litigation. Borchardt v. King, 1:10-cv-261 (M.D.N.C. 2010).

  • Represented special committee members in Waste Industries Shareholder Litigation. David Shaev Profit Sharing Account v. Waste Industries USA, Inc., 07-CVS-20453 (N.C. Bus. Ct. 2007).

  • Represented aaiPharma in aaiPharma Shareholder Litigation. Santos v. aaiPharma, Inc., 7:04-cv-27 (E.D.N.C. 2007).

  • Represented SPX Corp. (now SPX Technologies) and its officers and directors in SPX Shareholder Litigation. In re SPX Corp. Securities Litigation, 3:04-cv-99 (W.D.N.C. 2007).

  • Represented Jefferson Pilot and (post-merger) Lincoln National in Jefferson Pilot/Lincoln National Merger and Derivative Litigation. Seashore Inv. Group v. Paine, Case No. 05-CVS-10724 (N.C. Bus. Ct. 2005); Walter F. Rucker Family Trust v. Lincoln Nat’l. Corp., 08-cv-00419 (M.D.N.C. 2008).

  • Represented SPX Corp. (now SPX Technologies) and its directors in SPX Derivative Litigation. Eliasoph v. Johnson, 05-cvs-3698 (N.C. Super. 2005).

  • Represented all defendants in E.A. Morris Charitable Foundation Derivative Litigation (counsel for all defendants). Morris v. Thomas, 161 N.C. App. 680 (2003); Morris v. E.A. Morris Charitable Foundation, 161 N.C. App. 673 (2003).

  • Represented First Union and (post-merger) the merged entity (renamed Wachovia) in First Union/Wachovia/SunTrust Merger Litigation. First Union Corp. v. SunTrust Banks, Inc., 2001 NCBC 09 (N.C. Bus. Ct. 2001); In re Wachovia Shareholders Litigation, 2003 NCBC 10, rev’d, 607 S.E.2d 48 (N.C. Ct. App. 2005), rev. denied, 613 S.E.2d 25 (2005); Winters v. First Union Corporation, 2001 NCBC 08 (N.C. Bus. Ct. 2001).

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