Representative Experience

Accounting Representations

Todd has a track record as a seasoned, strategic, trial lawyer in multimillion- and even billion-dollar cases that turn on accounting, accounting interpretations, or related issues. Todd’s experience working with accounting experts to define case issues and develop those concepts before a jury sets him apart from most litigators. Examples include:

• Representation of the former owner of the Dallas-based former owner of a world-class manufacturing company responsible for the construction of the roof of SoFi Stadium, constructed for the Los Angeles Rams, in an earn-out dispute involving claims in excess of US $17m.
• Defense of an arbitration demand seeking damages in excess of US $20m, filed against one of the nation’s largest specialized transportation and logistics companies.
• Defense decision in an adversary proceeding between the owners of a large Dallas auto dealership group and a minority owner.
• Plaintiff’s verdict, in excess of US $13m, in favor of one of the premier Dallas auto dealership groups against a former executive on claims arising from a Ponzi scheme.
• Representation of multiple clients in fiduciary duty disputes arising from one of the largest land swindles in North Texas, involving fictitious plans that Walt Disney had planned a new resort north of Dallas, Texas.
• Representation of a large national brokerage firm in multibillion-dollar claims brought by an NYSE-listed insurance conglomerate based in Canada.
• Defense of a 10b-5 securities action filed against one of the Big-Four accounting firms, against claims arising from a telecommunications merger.
• Defense of a Big-Four accounting firm in multimillion-dollar securities-related claims arising out of the failure and bankruptcy of a publicly-traded travel and real estate company.
• Representation, in fiduciary duty litigation filed in Delaware and Canada, of the largest stockholder of a Canadian company in claims related to an acquisition of a U.S.-based company.

Audit Committee and Board Representations

Whether leading the representation of an audit committee in an internal investigation or counseling a board of directors on matters related to board governance, stockholder issues, or short-selling activity, Todd provides careful, practical insights and advice to audit committees and boards, and he understands the client’s business interests because of his background as a former Big-Eight auditor. Examples include:

• Leading an audit committee investigation involving alleged fraud and material weaknesses in internal controls for an NYSE-listed company.
• Leading an audit committee investigation regarding certain public disclosures and possible Regulation FD violations by management for a Nasdaq-listed company.
• Representation of the audit committee in fiduciary duty lawsuits and SEC enforcement proceedings after the failure and bankruptcy of a Nasdaq-listed brokerage and clearing house.
• Representation of one of the nation’s largest specialty pharmacy companies in connection with a dispute between the company’s largest stockholders.
• Representation of an independent diversified bank and its board of directors in connection with an unsuccessful merger with a Nasdaq-listed regional bank.
• Representation of the officers of a large directory business after negative public disclosures shortly after its spinoff from a national telephone and broadband provider.
• Leading an audit committee investigation related to internal controls for an NYSE-listed agricultural partnership.
• Representation of the audit committee of an NYSE-listed information technology services company in multiple shareholder fiduciary duty actions filed based on allegations of option back-dating.
• Defense, in fiduciary duty litigation, of one of the nation’s largest grocery companies in claims involving certain partnerships with online companies. Representation of a special litigation committee of a publicly-traded health care insurance company in claims related to alleged breaches of fiduciary duty by the company’s chairman.

Securities and Other Class Action Defense

When it comes to bet-the-company class actions, Todd has more than 28 years of experience handling some of the largest and most-publicized securities and other types of class actions litigated anywhere. Todd has in- depth experience with the largest D&O insurance carriers and their claims management process, and he was for nearly 10H years a member of AIG’s securities class action panel. With his accounting background, Todd brings added perspective to class actions that turn on accounting fraud and internal controls issues. Examples include:

• Defense, in a securities class action and multiple fiduciary duty actions, of an NYSE-listed REIT in multiple forums across the country.
• Defense, in a securities class action, of an NYSE-listed leading designer and manufacturer of equipment for gas turbine power plants and its officers and directors.
• Defense, in a class action, of a streaming company against consumer claims.
• Defense, in a class action, of a large food products manufacturer against consumer claims.
• Defense, in a securities class action, of multiple fiduciary duty actions and an SEC enforcement proceeding, the CFO of an NYSE-listed large, worldwide manufacturer of pumps, valves, and seals.
• Defense, in a securities class action and multiple fiduciary duty actions, of the CFO of the NYSE-listed largest onshore oilfield service company against claims involving acquisition-related transactions and impairment issues related to the company’s equipment.
• Defense, in a securities class action, of one of the Big-Four accounting firms against claims involving a leading provider of integrated consulting and software solutions.
• Defense, in a securities class action, of one of the Big-Four accounting firms against claims involving a leading provider of seismic and geophysical data.
• Defense, in a securities class action, of one of the Big-Four accounting firms in claims involving a provider of financing for subprime credit contract for car dealerships.
• Defense, in a securities class action, of one of the Big-Four accounting firms in claims involving a large information technology solutions company.
• Defense of a securities class action brought against a publicly-traded pharmacy chain and its officers filed after negative public disclosures.
• Defense, in a securities class action, of a large provider of arts, crafts, framing, and other merchandise.
• Defense, in class actions filed in multiple states across the country, of one of the nation’s largest insurance carriers involving claims related to workers compensation insurance.