Tariq Mundiya

Tariq has authored numerous articles on legal developments, principally in the field of federal and state securities laws, and the liability of financial institutions:

• “New York Appeals Court Applies Business Judgment Rule to Going Private Transaction” (Harvard Law School Forum on Corporate Governance and Financial Regulation; co-author) (November 2014)
• "Diluting the Significant Stockholder to Satisfy Revlon," INSIGHTS: The Corporate & Securities Law Advisor 27.1 (January 2013)
• "‘Well, Now I’m Screwed. I Can’t Sell.’ The Words That Will Take The SEC’s Insider Trading Case Against Mark Cuban To Trial" (Metropolitan Corporate Counsel; co-author) (April 2013)
• "Pack Your Bags And Renew That Passport: Duties Of Independent Directors Of Delaware Corporations Having Significant Operations Or Assets Abroad," (Metropolitan Corporate Counsel) (February 2013)
• "Delaware Chancery Court Refuses to Hold Citigroup’s Directors Personally Liable for Failing to Monitor Risks Associated With Citigroup’s Subprime Exposure" (Metropolitan Corporate Counsel; co-author) (May 2009)
• "Directors Fiduciary Duties During the Credit Crunch" (New York Law Journal) (January 2009)
• "Federal District Court in Mark Cuban Case Issues Decision on Misappropriation Theory of Insider Trading" (Metropolitan Corporate Counsel; co-author) (November 2009)
• "Fairness Opinions: Courts Scrutinize Role of Investment Banks" (New York Law Journal) (May 29, 2008)
• "Delaware Chancery Court Highlights Pitfalls of a Flawed Special Committee Process in Interested Merger Transactions" (Metropolitan Corporate Counsel) (March 2006)
• "Delaware Supreme Court Strikes Down Absolute Lock-Up of Merger as Preclusive and Coercive Defensive Measure" (Metropolitan Corporate Counsel) (2003)
• "Liability of Investment Banks For Providing Financial Advice" (Vol. 27, No.3, Sec. Reg. L. Journal) (Fall 1999)
• "Delaware Chancery Court Strikes Down Target's Adoption Of Delayed Redemption Poison Pill" (Metropolitan Corporate Counsel; co-author) (1999)
• "Delaware Supreme Court Finds That Delayed Redemption Or Limited No Hand Poison Pill Violates Delaware Law" (Metropolitan Corporate Counsel; co-author) (1999)
• "Investment Banker Liability: A Postscript" (Vol. 12 No. 1 INSIGHTS: The Corporate and Securities Law Advisor 30) (January 1998)
• "Liability of Investment Banks: An Update on Recent Developments" (Vol. 11, No. 10 INSIGHTS: The Corporate and Securities Law Advisor 15-21) (October 1997)
• "Liability of Investment Bankers: The Ninth Circuit’s Decision in In re Daisy Systems" (Corporations, Aspen Law & Business; co-author) (October 1996)
• "Extraterritorial Injunctions Against Sovereign Litigants in U.S. Courts: The Need for a Per Se Rule" (44 Int’l Comp. L.Q 893-904) (October 1995)
• "US Court Invites Foreign Litigants to Use US Discovery Laws" (42 Int’l Comp. L.Q. 356-366) (April 1993)
• "Review" (15 Comp. Lab. L.J. 119-126) (review and analysis of Conditions of Work Digest: Combating Sexual Harassment at Work) (Fall 1993)

Select Representative Cases

• FS Credit Opportunities Corp. v. Saba Capital Master Fund (represented closed-end fund in obtaining significant victory at the United States Supreme Court, holding that Section 47(b) of the Investment Company Act of 1940 does not impliedly authorize private parties to sue for rescission of contracts that allegedly violate the ICA) (U.S. Supreme Court, 2026)
• Anguilla Social Security Board v. Black et al. (representing the Special Litigation Committee of the Board of Directors of a major asset management firm in connection with its ongoing investigation of claims associated with a shareholder derivative action filed in the Delaware Court of Chancery against the firm and certain officers and directors) (Delaware Chancery Court)
• Khan v. Warburg Pincus LLC (represented Warburg Pincus and six affiliated investment funds in securing a decisive Delaware Supreme Court affirmance, preserving complete dismissal of a minority investor challenge to the Summit Health-CityMD sale and reinforcing the force of fiduciary duty waivers in Delaware LLC agreements) (Delaware Supreme Court, 2025)
• City of Southfield Fire and Police Retirement System v. Hayward Holdings, Inc. et al. (represented private equity client CCMP Capital Advisors in securing the dismissal of a securities fraud suit stemming from Hayward Holdings’ public disclosures, further developing a line of case law that safeguards sponsors from improper claims of control person liability; successfully resolved matter following amended complaint) (New Jersey, 2024; 2026)
• Employees’ Retirement System of the State of Rhode Island et al. v. Guess?, Inc., et al. (represented Special Committee of the Board of Directors of Guess?, Inc. in connection with the take-private acquisition of Guess? by certain shareholders in partnership with Authentic Brands Group) (Delaware Chancery Court, 2025)
• Stewart N. Goldstein, M.D. v. Alexander J. Denner, et al. (representing defendants Alexander J. Denner, Sarissa Capital Domestic Fund LP, Sarissa Capital Management GP LLC, Sarissa Capital Management LP, and Sarissa Capital Offshore Master Fund LP in litigation arising from the 2018 sale of Bioverativ Inc. to Sanofi S.A.) (Delaware Chancery Court)
• CenturyLink Inc. et al. v. Dean House (representing CenturyLink Inc. (n/k/a Lumen Technologies, Inc.), and certain of its officers and directors, in a securities class action relating to CenturyLink’s $34 billion merger with Level 3 Communications, Inc.) (Colorado)
• Crain v. Upstart Holdings, Inc. et al. (representing Third Point, Third Point Ventures and Daniel Loeb in a securities class action in connection with an AI lending platform; won motion to dismiss in 2023) (S.D. Ohio, 2023)
• City of Hialeah Employees' Retirement System v. Insight Venture Partners, LLC (represented Insight Partners and co-founder/managing director Jeffrey Horing in securing the dismissal of a shareholder litigation challenging nCino Inc.’s $1.2 billion acquisition of SimpleNexus LLC) (Delaware Chancery Court, 2023)
• In re Kenneth Cole Productions, Inc. Shareholder Litigation (represented Kenneth Cole in action brought by minority shareholders challenging going-private transaction involving Kenneth Cole Productions, Inc.; obtained dismissal in trial court, which was affirmed by the Appellate Division and the Court of Appeals; it is the first case under New York law to apply the business judgment rule to a going-private transaction where the transaction was conditioned on the dual protections of a “majority of the minority” voting provision, and the transaction is approved by a committee of independent directors; in 2016, The American Lawyer named Tariq “Litigator of the Week” for his role in the landmark victory in the New York Court of Appeals) (New York, 2014-2016)
• In re Liberty Tax Securities Litigation (lead defense counsel in multi-forum class action securities and derivative litigation arising from disclosure of alleged mismanagement by controlling stockholder) (Delaware, New York and Virginia)
• Medina v. Clovis Oncology, Inc. (lead defense counsel in Section 10(b) and  Section 11 claims arising from issuer announcement of FDA developments) (D. Colo. 2016)
• Blank v. Trade Street Residential, Inc. (secured dismissal of all claims under Maryland law against hedge fund sued as alleged controlling stockholder in cash/stock third-party merger) (Circuit Court of Maryland for Baltimore City, 2016)
• Third Point v. Ruprecht et al. (represented hedge fund Third Point in proxy-related litigation against board of directors of Sotheby’s for adopting poison pill; litigation resulted in three members of Third Point’s slate being placed on Sotheby’s board) (Delaware, 2014)
• Men’s Wearhouse v. Joseph A. Bank et al. (action against Joseph A. Bank board of directors for defensive acquisition of Eddie Bauer in response to Men’s Wearhouse’s acquisition proposal) (Delaware, 2014)
• LightSquared (represented controlling stockholder of DISH Network Corporation at trial in bankruptcy court and in derivative shareholder action) (Bankr. S.D.N.Y. and Nevada state court, 2013-2014)
• In re Facebook, Inc. IPO Securities & Derivative Litigation (represented Facebook, Inc. and its officers and directors in over 40 securities and derivative lawsuits filed in connection with Facebook’s May 18, 2012 initial public offering) (MDL, 2013)
• In re MacAndrews & Forbes Litigation (argued case in Delaware Supreme Court on behalf of MFW special committee in “going private” litigation, resulting in ruling that business judgment rule applies to controlling stockholder “going private” transactions) (Delaware, 2014)
• In re Abovenet, Inc. Shareholder Litigation (represented target and board of directors in litigation arising out of $2 billion merger transaction) (New York and Delaware, 2012)
• Abu Dhabi Commercial Bank v. Morgan Stanley et al. (represented manager of $7 billion SIV in litigation brought by SIV investors for investment losses) (S.D.N.Y., 2010-2011)
• In re Amag Pharmaceuticals Inc. Securities Litigation (represented underwriters in claims under Section 11 and 12 of the 1933 Act arising out of secondary offering) (D. Mass. and First Circuit, 2011-2012)
• In re Cogdell Shareholder Litigation (represented  REIT acquiror in $765 million acquisition) (Maryland and North Carolina, 2012)
• In re J. Crew Shareholder Litigation (represented CEO of J. Crew in litigation arising out of $2.5 billion “going private” transaction) (Delaware and New York, 2011)
• In re Reserve Fund Class and Derivative Litigation (represented $51 billion money market fund in multi-district litigation and regulatory proceedings arising from “breaking of the buck”) (New York)
• In re Electronic Data Systems Class Action Litigation (represented target in litigation to enjoin $14 billion merger) (Texas)
• United Rentals, Inc. v. RAM Holdings, Inc. (represented seller of company in action for specific performance against private equity buyer for breaching merger agreement) (Delaware Chancery Court)
• Ginsburg v. Philadelphia Stock Exchange et al. (represented stock exchange and its directors in action by former seatholders challenging sale of equity interests to six financial institutions) (Delaware Chancery Court)
• Simon Property Group et al. v. Taubman Centers, Inc. (represented acquiror in litigation arising out of unsolicited $1.8 billion bid for all outstanding shares of Taubman Centers) (E.D. Mich.; 8th Cir.)
• In re Nations Funds Mutual Funds Securities Litigation (represented mutual fund directors in multidistrict class and derivative actions arising out of alleged mutual fund market timing) (D. Md. and related SEC and New York Attorney General proceedings)