Dispute resolution
The ‘outstanding trial team’ at Winston & Strawn LLP occupies a notable niche in SPAC transaction-related disputes and is also adept at handling merger suits with cross-border elements, in addition to defending companies and their directors and officers against breach of fiduciary duty allegations. Heading the firm’s securities litigation team is New York’s James Smith, who led the defense of Cantor Fitzgerald in the face of claims it breached multiple provisions of the Exchange Act in the de-SPAC merger between CF Finance Acquisition Corp. II and View, Inc., securing a dismissal with prejudice in April 2024. Chicago-based William O’Neil stands out for his expertise in representing strategic acquirers in M&A disputes, while John Schreiber, who splits his time between Los Angeles and New York, continues to represent Oaktree Capital Management in a matter alleging it failed to abide by an asset purchase agreement.
Legal 500 Editorial commentary
Mentions
Profile
Work Department
Securities Litigation
Career
https://www.winston.com/en/who-we-are/professionals/smith-james-p.html#full-bio
James Smith chairs Winston & Strawn’s Securities Litigation Practice, leading what The Legal 500 US describes as a “fabulous, ... first-rate” “cadre of lawyers in New York who continue to impress in the M&A litigation space—they are as good as anyone in the industry.” He is ranked in the area of New York Litigation: Securities by Chambers USA in 2017–2019 and 2021–2023, where “impressed interviewees” praise him as “an exceptionally good trial lawyer and excellent strategic thinker.” He is recommended by The Legal 500 US in the areas of M&A Litigation and Securities Litigation—Defense as a “great lawyer with excellent judgment.”
Content supplied by Winston & Strawn LLP
Testimonials
Collated independently by Legal 500 research team.
- 'Business-savvy team with an ability to litigate high-stakes matters.' 'William O'Neil is a business-savvy litigator with a customer service approach.' 'Outstanding trial team that was efficient, effective and fully on top of all aspects of the trial.' 'Bill O’Neill was one of the best trial lawyers I have had a chance to work with. Total command of the courtroom and the case.' 'Domain expertise in significant commercial litigation and post-transactional disputes. Practical, timely advice.'
Key clients
- Albertsons Companies Inc. BAM Trading Services, Inc. Becton, Dickinson and Company Cantor Fitzgerald, L.P./Howard Lutnick The Chamber of Digital Commerce ConsenSys Software Inc. Howard B. Schiller Internet Brands Macquarie Infrastructure Corporation Oaktree Capital Management, L.P. Pendrell Corporation/Holicity, Inc. Semiconductor Manufacturing International Corporation Sprout Social, Inc. Teva Pharmaceuticals Industries Limited
Work highlights
Defended Cantor Fitzgerald, its CEO and chairman in a securities class action brought in the wake of the de-SPAC merger between CF Finance Acquisition Corp. II and View, Inc., securing a dismissal with prejudice.
Represented Pendrell Corporation and executives in several cases related to a $2.1bn merger between its SPAC, Holicity, Inc., and AstraSpace, Inc., including a federal securities class action, a federal derivative action, and a Delaware stockholder class action.
Represented NexPoint Storage Partners, Inc. and its former board of directors in connection with the acquisition of JCAP in six pre-closing federal actions asserting deficient proxy disclosures and other parallel post-closing class actions.