WilmerHale has a proven track record in both SEC and DOJ enforcement matters, as well as securities fraud class actions, and it continues to uphold its streak of successes. Stephanie Avakian in Washington DC is chair of the securities and financial services department, while the lead partners for securities litigation and enforcement are Michael Bongiorno in New York and DC-based Matthew Martens. Bongiorno secured a motion to dismiss for North America’s largest producer of advanced biofuels, Renewable Energy Group, Inc., in a case concerning its 2021 multiyear restatement. Susan Muck in San Francisco also played a pivotal role in that matter. The ‘smart and client service-oriented’ Kevin Muck, also in San Francisco is frequently called up on to defend issuers, officers and directors in securities class actions, particularly in the technology sector. Up-and-coming partner Timothy Perla in Boston increasingly takes the lead role in high-stakes matters.

Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

‘Kevin Muck is a strong lawyer in this practice. He is smart and client service-oriented.’
‘This team has broad and deep strengths to draw upon as they both plan and execute your defense strategy. This experience makes them highly successful and also gives them the ability and willingness to work out a predictable and manageable fee structure and schedule. I would not go to anyone else but them should I encounter another derivative lawsuit .’
‘Susan Muck is a very hard worker, very insightful, takes the time to explain things effectively and listen deeply, has excellent contacts which gives her access to the latest information, and in general seems to foster success all around her. ’
'My experience with the team was specifically related to the defense of a derivative lawsuit. The team was highly knowledgeable and competent and provided excellent representation.'
'Susan and Kevin Muck were excellent. Susan is very experienced in derivatives litigation and managed the process to an outcome that had no impact on the company or its employees. Both partners are adept at listening to their client and thoroughly addressing the most important and complex issues.'
‘The team has an incredible depth of experience and understanding of securities litigation matters and related government investigations. They have guided us through a number of complex and interrelated matters with incredible wisdom and foresight.’
‘Susan Muck's knowledge of all of the different twists and turns that these matters can take an ability to anticipate what might be coming is invaluable.’

Work highlights

Representing Norfolk Southern Corporation and certain of its current and former officers and directors in a securities class action on behalf of shareholders who purchased or otherwise acquired Norfolk Southern’s common stock and seek to recover damages for alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934.
Representing Activision Blizzard, Inc. and its officers in a securities class action based on allegations of sexual discrimination, harassment and retaliation.
Representing current and former directors of SVB Financial Group in three securities fraud class actions alleging fraud in connection with the collapse of Silicon Valley Bank.