Brandon F. White

Partner - Boston

Bio photo for Brandon White

Contact Information

617.832.1170

617.832.7000

bfwhite@foleyhoag.com Download vCard

Education:

  • Boston College Law School, J.D., summa cum laude, Order of the Coif, Law Review Editor
  • Boston College, B.A., summa cum laude, Phi Beta Kappa

Representative Experience

Class Actions and Securities Suits

  • Urman et al. v. Novelos Therapeutics, Inc. et al., (D. Mass.): Argued successful motion to dismiss “fraud on the market” case.
  • Moelis v. Berkshire Life Insurance Company, 451 Mass. 483 (2008): Successfully defended life insurance company in class action regarding vanishing premium policies; defeated class certification; affirmed by the Supreme Judicial Court of Massachusetts.
  • Hartsell v. Vanguard et al. (Delaware Chancery Court; affirmed by Delaware Supreme Court; cert. denied by U.S. Supreme Court): Achieved dismissal of putative class action against investment advisor of mutual funds alleging breach of fiduciary duty, negligence and waste stemming from the funds’ investment in publicly-traded foreign online gambling corporations.
  • Massachusetts Mutual Life Insurance Company v. Residential Funding Company, LLC et al. (D. Mass.): Represented financial institution and its directors and officers in residential mortgage-backed securities litigation; obtained dismissal of several clients.
  • Sekuk Global Enterprises v. KVH Industries, Inc. et al. (D. R.I.): Defended issuer in “fraud on the market” case concerning revenue recognition; case settled.
  • Fener v. Aspen Technology, Inc. et al. (D. Mass.): Successfully defended former Chief Executive Officer in “fraud on the market” case concerning revenue recognition.
  • Gut et al. v. Hudson Savings Bank et al. (Mass. Super. Ct.):  Defended acquiring company and merged entity against claims for breach of fiduciary duty, excessive executive compensation and underpayment for shares of target; defeated motion to enjoin merger; case settled.
  • Wells et al. v. Monarch Capital Corp., Monarch Life Ins. Co. et al. (D. Mass.): Represented life insurance company and officers in defense of federal securities class action; case settled.
  • Boyle v. Merrimac Bancorp, Inc. et al. (D. Mass.): Represented former president of bank in defense of federal securities class action; case settled.
  • Hurley et al. v. Federal Deposit Insurance Corp. et al., 719 F. Supp. 27 (D. Mass. 1989): Represented bank and officers in defense of federal securities class action; case settled.
  • Konstantinakos et al. v. Federal Deposit Insurance Corp. et al., 719 F. Supp. 35 (D. Mass. 1989): Represented bank and officers in defense of federal securities class action; case settled.
  • Van de Velde et al. v. Coopers & Lybrand, 899 F. Supp. 731 (D. Mass. 1995): Represented audit firm in defense of federal securities class action; case settled.
  • Estate of Quisenberry v. Alere Medical, Inc. et al. (Cal. Super Ct.): Defended target and directors and officers against claim by shareholders of misleading disclosures concerning merger; case settled.
  • Jose Aparecido et al. v. Wings Network, et al. (D. Mass.); case settled.

Shareholder Derivative Suits

  • In re Progress Software Derivative Litigation (D. Mass.): Represented corporation at onset of stock option derivative case and secured dismissal of complaint on demand grounds.
  • Chrysogeles v. CACI International, Inc. et al. (Delaware Chancery Court): Represented corporate defendant in direct and derivative litigation involving claims of breach of fiduciary duty arising out of contest for control; case settled.
  • Katz v. Swersky and Berman et al. (Delaware Chancery Court): Obtained dismissal of shareholder derivative action as well as direct fiduciary duty claims.
  • Mehrvar v. Van Heyningen and Spratt et al. (R.I. Super. Ct.): Defended board members and officers against claim that improper revenue recognition damaged the company, including by causing a securities fraud class action to be brought against it; case settled.
  • Ji v. Van Heyningen and Spratt et al. (D. RI): Defended board members and officers against claim that improper revenue recognition damaged the company, including by causing a securities fraud class action to be brought against it; case settled.
  • Caviness v. Evans et al. (D. Mass.): Successfully defended former Chief Executive Officer and Chairman of public company in a derivative suit alleging violations of state and federal law arising from alleged improper revenue recognition of software licensing contracts.
  • Software Holdings, Ltd. v. Joseph Frye et al. (Mass. Super. Ct.): Prosecuted shareholder derivative suit in the name of a Guernsey corporation to recover value diverted by insiders’ self-dealing sale of subsidiaries; case settled.
  • McBrearty v. Vanguard et al. (S.D.N.Y.; affirmed by Second Circuit): Achieved dismissal of RICO complaint alleging investments by mutual funds in illegal offshore gambling operations; affirmed by Second Circuit.
  • Hartsell v. Vanguard et al. (Delaware Chancery Court; affirmed by Delaware Supreme Court; cert. denied by U.S. Supreme Court): Achieved dismissal of derivative suit alleging breach of fiduciary duty based on investments by mutual fund managers in violation of the Illegal Gambling Business Act.
  • Hartsell v. Vanguard et al. (D. Del.): Achieved dismissal of “demand refused” derivative suit based on same allegations as above, affirmed by the Third Circuit.

Corporate Governance/Shareholders’ Rights/Disclosure Cases

  • Nikolaos J. Paterakis v. Andrew C. Najda, et al. (Mass. Super. Ct.):  Obtained jury verdict in favor of defendants majority shareholders on fraud claims, and defeated claims for unfair trade practices, dissolution and accounting.
  • Karmaloop, Inc. v. Allen Sneider v. Karmaloop, Inc., Greg Selkoe and Christopher Mastrangelo (Mass. Super. Ct.): Obtained jury verdict in favor of minority shareholder of internet start-up on claims against insiders for freeze-out and improper dilution.
  • Marsoft, Inc. v. United LNG, L.P. et al. (S.D. Texas) obtained preliminary injunction following evidentiary hearing to prohibit diminution of client’s equity in venture to export liquefied natural gas; case settled.
  • Mary Morgan v. Voyence, Inc. (Delaware Chancery Court): Defended EMC Corporation in shareholder appraisal action arising out of merger; case settled.
  • Triumph - Connecticut Limited Partnership et al. v. Ascent Pediatrics, Inc. (Mass. Super. Ct.):  Obtained summary judgment for public pharmaceutical company against claim that warrant holders’ pay-out rights were triggered by merger; affirmed by Massachusetts Appeals Court.
  • DaSilva v. Coffee Connection and Starbucks (Mass. Super. Ct.): Defended two founders of Coffee Connection against claims of fraud in the purchase of company stock from third founder prior to acquisition by Starbucks Corporation; case settled.
  • Cambridge Biotech Corp. et al. v. Cambridge Diagnostics Ireland, Ltd. et al. (Mass. Super. Ct.): Defended claims that corporate president, board member and minority shareholder acted beyond their authority and breached fiduciary duties by causing the company to sublicense patented technology; case settled.
  • Hollander v. Jenkins and Orion Research Inc. (D. Mass.): Represented company and Chief Executive Officer in proxy contest litigation under the Securities Exchange Act; case settled.
  • Watchmark Corp. v. Argo Global Capital LLC et al. (Delaware Chancery Court): Defended preferred shareholder in declaratory judgment action seeking to alter charter rights; case settled.
  • GSM Capital Limited Partnership v. Watchmark Corp. (Delaware Chancery Court): Obtained multi-million dollar settlement for shareholder asserting appraisal rights.
  • Wingstop Holdings, Inc. et al. v. Restaurants International, Inc. et al., (Mass. Super. Ct.): Obtained favorable settlement for minority shareholder in direct and derivative claims against controlling shareholder for self-dealing, breach of fiduciary duty, dilution and waste.
  • Harder Pharmaceutical, L.P. et al. v. Copley Pharmaceutical, Inc. (SDNY): Represented plaintiff venture capital investors in securities claim relating to buy-back of stock prior to company IPO, achieving a settlement of $11.4 million.
  • Moore v. America Service Group, Inc. et al. (D. Del.): Achieved multi-million dollar settlement for minority shareholder/founder of health services company who was defrauded during buy-out by insiders.

False Claims Act

  • United States of America ex rel. Gary Siebert, v. Gene Security Network, Inc., (NDCA):  Obtained favorable jury verdict, finding no violation of federal False Claims Act.
  • United States of America ex rel. Sallie McAdoo and Steven Aldridge v. Natera, Inc. (D. Del.):  Obtained favorable settlement.

Non-Competition Agreements

  • Natera, Inc. v. Amy Dill (Delaware Chancery Court):  Obtained judgment for plaintiff.
  • Natera, Inc. v. Mark Goddard (Delaware Chancery Court):  Obtained judgment for plaintiff.

Arbitrations

  • Robert E. Gray v. Morgan Stanley Smith Barney LLC (FINRA No. 13-01565): Successfully defended company against claim by former employee for additional performance-based compensation.
  • Marsoft, Inc. v. United LNG, L.P. et al. (International Chamber of Commerce, Case No. 19764/AGF (EA): Defeated preliminary injunction motion in case concerning joint venture to export liquefied natural gas; case settled.
  • Merrill Lynch et al. v. Morgan Stanley et al. (NASD No. 07-387): Defended brokers against claims for conversion and unfair competition; obtained favorable award.
  • Wachovia Securities LLC v. Morgan Stanley et al. (FINRA No. 07-01736): Defended brokers against raiding claim; obtained favorable award.
  • Biotechnology Company. v. Broker Dealer (FINRA No. 10-00656):  Represented customer in complaint regarding auction-rate securities; case settled.
  • Rajesh Idnani et al. v. Venus Investment Partners LLC et al. (AAA Case No. 11 148 Y 02235 06): Defended hedge fund manager against investors’ misrepresentation claims; obtained favorable award.

 

 

 

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Honors

  • Selected for inclusion in Massachusetts Super Lawyers and New England Super Lawyers

Involvement 

  • Massachusetts Continuing Legal Education, Program Presenter
  • Boston Bar Association, Former Chairman, Business Litigation Committee  
  • Lex Mundi, Firm Representative for Securities Litigation
  • Adjunct Professor: Boston College Law School
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • Supreme Judicial Court of Massachusetts
  • U.S. Court of Appeals for the Second Circuit
  • Supreme Court of the United States