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Dechert LLP

77 WEST WACKER DRIVE, SUITE 3200, CHICAGO, IL 60601, USA
Tel:
Work +1 312 646 5800
Fax:
Fax +1 312 646 5858
Web:
www.dechert.com

David Kistenbroker

Tel:
Work +1 312 646 5811
Email:
Dechert LLP

Work Department

Litigation

Career

David H. Kistenbroker is co-leader of the white collar and securities litigation practice of Dechert LLP and managing partner of the firm’s Chicago office. He represents publicly traded companies and their directors and officers in securities class actions, SEC investigations, internal investigations and corporate governance disputes.

Member

Board of Directors, University of Chicago Laboratory Schools

Education

University of Wisconsin - Whitewater, B.S., 1975; Marquette University, M.A., Political Science, 1977; Marquette University Law School, J.D., 1980


United States: Dispute resolution

Corporate investigations and white-collar criminal defense

Within: Corporate investigations and white-collar criminal defense

The group at Dechert LLP, which is chaired by Chicago-based David Kistenbroker and New York-based David Kelley, specializes in securities matters, as well as corporate governance and FCPA issues, congressional and internal investigations, US export controls and economic sanctions. Andrew Levander and Benjamin Rosenberg in New York are defending the director of a Hong Kong-based NGO, Dr Chi Ping Patrick Ho, in a criminal prosecution for alleged violations of the FCPA and money laundering charges relating to the bribery of Chadian and Senegalese government officials for the benefit of a Chinese energy company. Alongside Neil Steiner, Levander and a number of associated entities in multiple government agency investigations concerning the purchase of two not-for-profit nursing homes, which were promptly closed and sold to a luxury real estate developer, allegedly removing a deed restriction on the property; ultimately the client was cleared of any wrongdoing. Cathy Botticelli, Vincent Cohen are the names to note in Washington DC, and New York-based Jonathan Streeter is also recommended. In Philadelphia, the bench was greatly strengthened by the arrival of Michael McGinley, who joined the firm in April 2018 after serving as special assistant and associate counsel to President Trump.

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M&A litigation: defense

Within: M&A litigation: defense

Dechert LLP has a broad client base of acquirers, sellers, bidders, directors, special committees, investment banks, venture capitalists, individual investors, private equity firms, hedge funds and other stakeholders for deal-related litigation in both federal and state courts throughout the US, including the Delaware Court of Chancery. David Kistenbroker leads the practice from Chicago, where Joni Jacobsen is also highly recommended. In Dagenbach v Bravo Brio Restaurant Group, Inc, et al, they both acted for Bravo Brio in a putative class action that alleged deficiencies in the company's proxy materials, purportedly in violation of Section 14(a) of the '34 Act. The case was dismissed and the merger proceeded as planned. In Berger v Ecolab, et al in the Appellate Court of Illinois, they are acting for Swisher Hygiene, which is alleged to have breached its fiduciary duties by approving the sale of assets to Ecolab. After a tough courtroom battle, they also prevailed in In re Talmer Bancorp Shareholder Litigation, which is now on appeal.

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Securities litigation - defense

Within: Leading lawyers

David Kistenbroker - Dechert LLP

Within: Securities litigation - defense

Dechert LLP has securities litigators in offices across the US and frequently handles class actions, shareholder derivative suits, mutual fund litigation, broker-dealer disputes and regulatory enforcement proceedings. The 'very likable' David Kistenbroker, who practices in both New York and Chicago, is global co-chair of the trial, investigations and securities group. He acted for Anavex Life Sciences Corporation and its officers in a 10b5 case that alleged false and misleading statements were made about the efficacy of the company’s experimental Alzheimer’s drug; Joni Jacobsen in Chicago also played a key role in that case. The same team also acted for Antares Pharma Inc in several cases, including a suit alleging that the company provided insufficient information to the FDA in support of Xyosted and overstated its approval prospects. In New York, firm chairman Andrew Levander, who handled a 33 Act claim for CHC Group, and global litigation head Matthew Larrabee are recommended, as is Michael Kichline in Philadelphia.

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