Litigation

• Puerto Rico Restructuring (D.P.R.) – Lead trial counsel for COFINA Agent in $20 billion COFINA-Commonwealth case relating to bonds secured by Puerto Rico sales and use taxes.
• GSP Finance v. KPMG LLP (N.Y. Sup. Ct.) – Secured jury verdict for accounting firm in case arising out of alleged misrepresentations in sports team financial statements.
• Pena v. iBio (D. Del.) – Representing biotechnology company and its officers in securities class action and derivative litigation arising out of Ebola outbreak.
• Ho v. Duoyuan Global Water (S.D.N.Y.) – Representing international accounting organization in securities class action relating to failure of Chinese water company.
• In re General Electric Co. Securities Litigation (S.D.N.Y.) – Representing underwriters of $12 billion General Electric securities offering in securities class action arising out of financial crisis.
• In re American International Group, Inc. Securities and Derivative Litigations (S.D.N.Y.) – Representing senior official in class action and derivative litigation arising out of events leading up to government rescue of AIG.
• In re C&D Technologies, Inc. Shareholder Litigation (Del. Ch.) – Representing target in shareholder litigation arising out of going private transaction.
• In re Merrill Lynch & Co., Inc. Securities, Derivative and ERISA Litigation (S.D.N.Y.) – Representing senior official in securities and derivative litigation arising out of financial crisis.
• In re Ambac Financial Group, Inc. Securities Litigation (S.D.N.Y) – Representing Big 4 accounting firm in securities class action arising out of writedowns related to securitization products.
• In re Kenneth Cole Productions, Inc. Shareholder Litigation (Del. Ch.) – Representing acquirer in litigation arising out of going private transaction.
• In re The Bear Stearns Companies Inc. Securities, Derivative, and ERISA Litigation (S.D.N.Y.) – Representing senior official in class action and derivative litigation arising out of writedowns of subprime-related financial instruments and events leading to acquisition by JPMorgan.
• In re J.Crew Group, Inc. Shareholders Litigation (Del. Ch., N.Y. Sup.) – Representing member of acquirer group in litigation arising out of going private transaction.
• Moksal v. LaBranche (N.Y. Sup.) – Representing acquirer in litigation arising out of merger of financial services firms.
• In re Molson Coors Brewing Co. Securities Litigation (D. Del.) – Representing company, officers, and directors in international securities class actions arising out of merger.
• In re WorldCom, Inc. Securities Litigation (S.D.N.Y.) – Representing certain underwriters in negotiations to settle securities class action arising out of accounting improprieties at WorldCom.
• In re Edison Schools, Inc., Securities Litigation (S.D.N.Y.) – Representing Big 4 accounting firm in securities class action arising out of alleged improper accounting at Edison Schools, Inc.
• In re Elan Corporation Securities Litigation (S.D.N.Y.) – Representing foreign accounting firm in international securities class action arising out of alleged accounting improprieties at Elan Corporation.
• In re Oxford Health Plans, Inc., Securities Litigation (S.D.N.Y.) – Representing Big 4 accounting firm in securities class action arising out of alleged accounting improprieties at Oxford Health Plans, Inc.
• In re Twinlab Corp. Securities Litigation (E.D.N.Y.) – Representing company, officers, and directors in securities class action arising out of alleged accounting improprieties at a nutrition company.
• State of Wisconsin Investment Board v. Ruttenberg (N.D. Ala.) – Representing Big 4 accounting firm in securities class action arising out of alleged discovery of accounting improprieties at Just For Feet, Inc.

SEC Enforcement

• Representing asset manager in investigation relating to private equity investments.
• Representing private equity firm in investigation relating to disclosure and related issues.
• Representing private equity firm in investigation relating to expense allocation and related issues.
• Representing senior official of major financial institution in investigation arising out of financial crisis.
• Representing Big 4 accounting firm in investigation arising out of alleged accounting improprieties at franchising company.
• Representing foreign accounting firm in investigation arising out of restatement of human resources company financial statements.
• Representing senior official of major financial services company in investigation arising out of financial crisis.
• Representing telecommunications company in investigation arising out of whistleblower complaint.
• Representing Big 4 auditor in investigation arising out of restatement of financial institution financial statements.
• Representing foreign accounting firm in investigation arising out of restatement of pharmaceutical company financial statements.
• Representing Big 4 accounting firm in investigation arising out of restatement of industrial products company financial statements.
• Representing audit committee members in investigation arising out of alleged accounting improprieties at sporting products company.

Internal Investigations

• Representing board of major international bank in internal investigation of high-profile fraud at Mexican unit.
• Conducting internal investigation for international bank relating to European asset management operations.
• Conducting internal investigation for offshore insurance and reinsurance company related to allegations of accounting improprieties.
• Conducting internal investigation in South America for major telecommunications company relating to potential FCPA violations.
• Conducting investigation in Asia for audit committee of major computer company relating to potential accounting improprieties.
• Conducting internal investigation for major accounting firm relating to audits of multiple companies.
• Conducting internal investigation for board of gaming company relating to South American operations.

Tony’s publications include:

• "Delaware Chancery Court Holds Forum Selection Bylaws Are Facially Valid," PLI Course Handbook for the Eleventh Annual Directors’ Institute on Corporate Governance (September 11, 2013)
• "Only In Our House," VCExperts (July 2013)
• "Back to Basic: Proof Of Materiality Not Needed To Trigger The Fraud-On-The-Market Presumption Of Reliance," Metropolitan Corporate Counsel (May 2013)
• "Supreme Court Further Clarifies Class Certification Standards For Securities Fraud Actions," Ford. Corp. L. Forum (February 28, 2013)
• "Delaware Forum Selection Bylaws Under Attack," VC Experts (February 2012)
• "Supreme Court Reaffirms "Total Mix" Standard For Assessing Materiality In Federal Securities Actions," Willkie Client Memo, (March 24, 2011)
• The Financial Reporting Handbook (Aspen 2003, updated quarterly) (Executive Editor)
• "Fair Value Accounting & Litigation: The Next Wave of Valuation Risk," Business Valuation Update (April 2009)
• "Second Circuit Keeps Bar High on Pleadings Standards, Affirms Dismissal of Enron Case Against JP Morgan Chase," Securities Litigation Report (March 2009)
• "Fair Value Roundtable," speech reprinted in Journal of Accountancy (June 1, 2008)
• "Civil Liability Under the Securities Act of 1933," in Sommer, Federal Securities Act of 1993 (Matthew Bender, 2008) (co-author)
• "Attorney Liability Under the 1934 Act," in Sommer, Federal Securities Exchange Act of 1934 (Matthew Bender, 2008)
• 'Materiality and Misstatements in Financials: A New SEC Attack Against 'Earnings Management,'" 7 Panel Counsel Forum 1 (2000) (co-author)
• "SEC Warns Companies and Auditors about Materiality Assessments and Misstatements in Financial Statements," 7 Metropolitan Corporate Counsel 11 (1999) (co-author)

Tony’s speaking engagements have included:

• Securities Litigation: Recent Trends Impacting Class Certification, New York City Bar
• Fair Value Accounting and Litigation, BVR Fair Value Accounting Summit (New York, New York)
• Prosecuting and Defending Securities Class Actions, The Association of the Bar of the City of New York (New York, New York)
• Fair Value Accounting: A Litigator’s Perspective, Directors Roundtable, (New York, New York)
• Audit Committees: The Changing Environment, ALI-ABA (Washington, D.C.)
• Financial Fraud, XIII National Congress of Accountants, (Panama City, Panama)
• Financial Fraud and Accounting Irregularities, College of Certified Public Accountants (Panama City, Panama)
• The Origins of Financial Fraud, Mealey’s "Changing Face of D&O and E&O Conference" (New Jersey)