The team at Cleary Gottlieb Steen & Hamilton is adept at tackling shareholder suits tied to M&A deals and allegations of breaches of fiduciary duties by directors and officers, with experience in pleading cases before state and federal courts, including the Delaware Court of Chancery. Leading the practice out of the New York office is Roger Cooper, who has a strong track record for corporate defendants in shareholder class actions, derivative actions tied to both mergers and perceived failures of governance. Currently he is defending T-Mobile USA in a case brought by a stockholder alleging that certain officers breached fiduciary duties in the 2020 merger with Sprint. Another member of the core team is Mark McDonald, who handles both securities and shareholder litigation. In addition to assisting Cooper on the T-Mobile matter, McDonald also represents OCI N.V. in relation to a claim brought by joint venture partner Proman, following the former’s sale of its methanol business.
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- Profile
Key clients
- Juul Labs
- OCI N.V.
- T-Mobile USA
Work highlights
- Advised T-Mobile and certain of its officers and directors in a purported direct and derivative class action brought by a T-Mobile stockholder, David Dinkevich, in the Delaware Chancery Court.
- Represented Juul Labs Inc. in a suit brought by a number of investors in JLI convertible notes, alleging that JLI breached the notes agreements in seeking to convert their debt into equity through the October 2023 transaction, and that this transaction was not qualified under the agreements.
- Advised OCI N.V. with respect to a lawsuit filed in the Delaware Court of Chancery related to the parties’ rights under a joint venture agreement.
Lawyers
Next generation partners
Junior partners with significant recognition from clients and peers in the market and key roles on multiple matters.
Practice head
Roger Cooper
Other key lawyers
Mark McDonald