M&A, Securities and Financial Litigation

• Represented multiple private equity firms (Buyers and Sellers) in post-closing indemnification, fraud, and earn-out claims and working capital disputes related to sale or purchase of portfolio companies.
• Successfully represented a publicly traded biopharmaceutical company in the defense of multi-million-dollar securities class action claims alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5.
• Represented a portfolio company in expedited litigation involving a challenge to the authority and composition of its managing board.
• Represented managing board members of a real estate development company in a dispute concerning governance, control, and fiduciary obligations.
• Represented a private equity firm in litigation arising from a multi-million-dollar investment involving alleged fraud, misappropriation of funds, and related financial misconduct.
• Represented companies and individuals being investigated by the SEC, including investigations related to potential violations of securities trading laws, rules, and regulations, and corporate disclosure obligations.

Sports

• Represented a Division I collegiate athletic conference in litigation arising out of conference realignment, including efforts to enforce contractual obligations and governing documents.
• Represented a major collegiate athletic conference in a contract dispute with a third-party vendor concerning realignment-related advisory and forecasting services.
• Represented a professional sports agency and its principals in a dispute with a players’ union involving agent certification, regulatory compliance, and the continued operation of the agency.
• Represented a professional sports franchise and a collegiate athletic conference in matters seeking to protect confidential and proprietary business information from public-records disclosure.

Additional Matters

• Successfully represented plaintiffs who were seeking reinstatement as officers and managers in a limited liability company in an action brough under 6 Del. C. § 18-110 in Delaware Chancery Court.  The Court declared that the plaintiffs had been improperly removed, reinstated the plaintiffs as officers and managers, and awarded them their attorney’s fees under a contractual prevailing party fee shifting provision.
• Represented a health care IT consulting firm in a suit by a former employee who claimed ownership of a proprietary health care software program and sought more than $150 million in damages. After substantial discovery and active litigation, the Polsinelli team secured a complete summary judgment for our client weeks before trial.
• Represented multiple companies in defending against claims brought under the Illinois Biometric Information Privacy Act (BIPA), including challenges to class certification, statutory standing, and damages exposure.
• Represented a U.S.-based company in high-stakes litigation and emergency proceedings to prevent the unlawful takeover of its business by a foreign sovereign following political and governmental upheaval.
• Successfully represented a pro bono client in post-conviction proceedings resulting in removal from death row, resolving one of the most serious criminal penalties under California law.