David specialises in commercial litigation including competition claims and
claims on behalf of shareholders, and is Head of both the Litigation & Dispute Resolution Group as well as the Group Action Litigation department.
Not exact matches
Defending technology company and its board
of directors in multimillion dollar PA state court action brought by founder / consultant /
shareholder alleging
claims for breach
of fiduciary duty, breach
of contract, and rescission; prosecuting action in NJ federal court
on behalf of executive terminated in breach
of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging breach
of contract and fraud; defending company in connection with DOL investigation regarding misclassification
of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.
Quinn Emanuel Urquhart & Sullivan is building a
claim on behalf of BT
shareholders and funders against the company over an accounting scandal in its Italian business.
Lindsay Kenney acts
on behalf of local and international clients in relation to business disputes, fraud
claims, partnership and
shareholder disputes, in bankruptcy proceedings, construction
claims, employment litigation, intellectual property litigation, defamation
claims, professional liability issues, complex litigation matters and other administrative and regulatory issues, including appeals.
Pursuing
claims against directors
on behalf of shareholders where there has been questionable conduct by the directors (known as derivative actions)
William Brannigan v (1) Spencer Style (2) David Pears (3) Mark Pears (4) Trevor Pears (5) Portobello Estates Ltd [2016] EWHC 512 (Ch) Successfully opposed a minority
shareholder's application to continue a derivative
claim on behalf of the company against four
of its directors.
There are a number
of practical advantages for such
shareholders to bringing an unfair prejudice petition instead
of a derivative
claim (for example, the broad grounds for relief, the flexible nature
of the relief that may be sought, and the fact that there are fewer procedural hurdles to overcome), and there may be significant disadvantages in bringing a derivative
claim (the initial procedural phases can be costly, and relief must be sought
on behalf of the company).
Claire joins HJA from fellow London firm Fletcher Day, and brings a wealth
of experience in handling a range
of contentious cases, including
shareholder disputes, insolvency litigation and complex
claims on behalf of high - profile individuals.
Acting for the RBoS
Shareholders Action Group on behalf of institutional clients and over 35,000 individual shareholders, bringing claims in excess of # 1 billion against RBS over its 2008 rights issue following the acquisition
Shareholders Action Group
on behalf of institutional clients and over 35,000 individual
shareholders, bringing claims in excess of # 1 billion against RBS over its 2008 rights issue following the acquisition
shareholders, bringing
claims in excess
of # 1 billion against RBS over its 2008 rights issue following the acquisition
of ABN Amro.
Only in exceptional circumstances, for example where the wrongdoer is a majority
shareholder, have minority
shareholders been able to obtain the court's permission to bring a derivative
claim on behalf of the company.