Shout-Out: Skadden's Big Week
Skadden litigators racked up four wins in two days, knocking out securities class actions in New York and California, as well as shutting down an unlikely claim against a South Korean bank.
September 30, 2019 at 12:42 PM
3 minute read
Litigators at Skadden, Arps, Slate, Meagher & Flom racked up four wins in two days last week, knocking out securities class actions on both coasts plus annihilating an unlikely claim against a South Korean bank.
Partners Scott Musoff and Robert Fumerton and associate Michael Griffin won dismissal of a securities class action in the Southern District of New York against TAL Education Group, a China-based after-school tutoring company. In tossing the case on Sept. 25, U.S. District Judge Loretta Preska found there was no misstatement regarding the two supposed "sham" transactions and admonished the plaintiffs for circular reasoning, selectively quoting, burden shifting and trying to "have their cake and eat it too."
The next day, Musoff plus partner Christopher Malloy and associate Nicholas Ickovic got another securities class action dismissed, this one in the Supreme Court of the State of New York against dental supply company Densply Sirona Inc. and certain current and former directors and officers. The shareholder claims related to Dentsply's 2016 acquisition of Sirona Dental Systems Inc. to create Dentsply Sirona.
Also on Sept. 26, partner Peter Morrison led a team including counsel Winston Hsiao and associate Zachary Faigen in getting a securities class action axed in the Southern District of California. Skadden represented the underwriters of Obalon Therapeutics, Inc., and Latham & Watkins represented Obalon.
Judge Anthony Battaglia dismissed the case against the underwriters with prejudice, finding that the claims were time-barred; the offering materials did not contain any false or misleading statements; and the underwriters have an absolute negative causation defense against the plaintiff. Some claims against Obalon involving accounting and financial statements remain, but Skadden's client is off the hook.
Finally—in a non-securities case—partner Jonathan Frank and counsel Jeffrey Geier plus co-counsel Jeffrey Lichtman of O'Hare Parnagian prevailed on behalf of Woori Bank, one of South Korea's largest banks, in the Southern District of New York.
Nevada-based AJ Energy made what U.S. District Judge Jesse Furman deemed "an extraordinary claim: that Woori Bank stole eight billion euros" from the company. "If that sounds like a tall tale, it is because it almost certainly is," Furman wrote in dismissing the case with prejudice. "Documents beyond the operative complaint—including one or more documents that are almost certainly forgeries—make that conclusion nearly inescapable."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All2024 Marked Growth On Top of Growth for Law Firm Litigation Practices. Is a Cooldown in the Offing for 2025?
Big Company Insiders See Technology-Related Disputes Teed Up for 2025
Litigation Leaders: Jason Leckerman of Ballard Spahr on Growing the Department by a Third Via Merger with Lane Powell
Trending Stories
- 1Avantia Publicly Announces Agentic AI Platform Ava
- 2Shifting Sands: May a Court Properly Order the Sale of the Marital Residence During a Divorce’s Pendency?
- 3Joint Custody Awards in New York – The Current Rule
- 4Paul Hastings, Recruiting From Davis Polk, Adds Capital Markets Attorney
- 5Chancery: Common Stock Worthless in 'Jacobson v. Akademos' and Transaction Was Entirely Fair
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250