Our lawyers have extensive experience in shareholder and corporate governance disputes that have been brought multiple jurisdictions.
We have represented a Manager of an LLC on direct and derivative claims brought in Massachusetts state court alleging that various professionals suffered from a conflict of interest. The court approved the representation in a derivative capacity, approved PSD as qualified lead counsel, and approved a multi-million dollar settlement.
We have represented the majority shareholder group and its principal in a action accusing it of breaching the fiduciary duty of loyalty when selling a publicly-traded portfolio company in an alleged fire sale. The action proceeded in Delaware Chancery Court. Our lawyers successfully obtained a sanctions award against the plaintiff for discovery violations. Ultimately, the matter resolved with no out-of-pocket settlement obligation for PSD’s clients.
We have represented a co-founder of a medical device company as the named class member in a class action against a venture capital firm and board members for engaging in a end-stage transaction with a portfolio company at the same time it closed two other deals with the buyer, without a requisite wall to protect against inadequate pricing for the transaction at issue. The court approved PSD’s client as the lead class member, approved PSD as qualified lead counsel, and approved a $9 million settlement.
We helped create cutting-edge law that applied so-called Revlon duties to a board of directors that approved the sale of a warrant that locked a company up for 3 years.
We have represented numerous directors, officers, and managers in defense of allegations of breaches of fiduciary duties.
Barry Pollack and Josh Solomon lead this practice area.
