Cases
Experience: Class Action & Derivative Litigation: Represented a U.S. publicly listed Chinese manufacturing company in securities class action litigation
NASDAQ
SEC proceedings arising out of certain discrepancies
issues the auditor identified as relating to the company
its subsidiaries' financial records. Assisted the Audit Committee in this investigation
represented the company in related U.S. litigation against certain Chinese banks to obtain copies of the company's banking records
secure its assets, after the company filed for bankruptcy protection in the United States.
Represented the U.S. Representative in a securities class action alleging misleading statements in connection with an IPO for a Chinese manufacturer which raised $100 million. Following the filings of motions to dismiss, the case settled for $1 million with no contribution from the U.S. Representative.
Represented an insurance company in a putative nationwide class action raising charges of an undisclosed coverage gap. The Illinois court granted the company's motion to dismiss,
the subsequent appeal was ab
oned.
Represented an underwriter in nationwide class
derivative action litigation raising charges of yield burning in connection with certain advance refundings of municipal bonds. The federal court dismissed the claims arising out of the Investment Advisers Act, remaining claims being refiled in state court. Following trial, judgment was granted in the underwriter's favor
upheld on appeal in 2009.
Represented a general partner in securities class
derivative action. After finding all the claims to be derivative in nature, the court dismissed the action for failure to make a dem
or allege dem
futility. The decision was affirmed on appeal. Represented an insurance company in a putative class action alleging violations of RICO, Section 10(b) of the Securities Exchange Act
common law fraud based on one of its agents' sale of counterfeit securities. The class allegations were dismissed
the Plaintiff voluntarily dismissed his individual claims.
Represented the lead underwriter in a securities class action
derivative litigation arising out of the initial public offering of a REIT. Following the granting of motions to dismiss, the case settled on favorable terms.
Investigations: Represented the lead underwriter in litigation arising out of purported misrepresentations in connection with the initial public offering of a company manufacturing specialty chairs. The court dismissed the Section 12(2) claims, leaving just the Section 11 claims, which were thereafter settled
approved.
Represented the Audit Committee of a U.S. publicly listed Chinese provider of content delivery
cloud computing in connection with a special investigation of claims raised by a whistleblower involving allegations of potential FCPA violations, related party transactions
manipulating revenues. Completed the investigation
made recommendations to the Audit Committee in time for the Company to remain in compliance with its reporting requirements.
Represented the Vice President of Business Development of a publicly traded Chinese Internet company in connection with the SEC's investigation into the company's inflation of its revenues, which led to a major restatement of its financial statements. The company
certain individuals received Wells notifications, but the Vice President did not.
Represented a company
more than 100 representatives
managers in a nationwide sweep sales practice investigation.
Represented more than 50 managers in connection with NASD investigation into compliance with New York State Department of Insurance Regulation 60.
Represented a director of a mutual fund in connection with claims relating to market timing. No charges were filed against the director.
The above representations were h
led by Ms. Bahcall prior to her joining Greenberg Traurig, LLP.
