Brandon F. White

Partner
Boston
A partner and former chairperson of the firm’s Securities Litigation Practice Group, Brandon White litigates False Claims Act, securities, corporate, business tort and contract matters.

Brandon has conducted litigation in state and federal courts in Massachusetts and a variety of other jurisdictions, including the Delaware Chancery Court, the Delaware Supreme Court, the Northern District of California, the Eastern District of Pennsylvania, the District of Rhode Island, the District of Minnesota, the Southern District of Texas, the Southern District of New York, the United States Court of Appeals for the Second Circuit, and California and Florida state courts, as well as arbitrations under the auspices of the American Arbitration Association, the Financial Industry Regulatory Authority, JAMS/Endispute and the International Chamber of Commerce in London.

During the past several years, Brandon’s practice has concentrated on trade secrets, competition, and employee mobility, securities fraud, fiduciary duty and corporate governance issues in both the public and private contexts. He is also an Adjunct Professor at Boston College Law School, where he teaches courses in Civil Litigation and Professional Responsibility. Prior to joining Foley Hoag, Brandon was Law Clerk to the Chief Justice of the Supreme Judicial Court of Massachusetts.

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

Bar and Court Admissions

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

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
  • Equity-League Pension Trust Fund v. Great Hill Partners, L.P. (Delaware Chancery Court): Represented private equity fund accused of improper investment in publicly traded company; complaint dismissed on demand grounds.
  • 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.

Honors & Involvement

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

Publications

  • Massachusetts Chapter, Business Torts, A Fifty-State Guide (2013 Edition)
  • "The Rise of the Massachusetts Uniform Securities Act," Mass Law Review (2017)
  • "U.S. Supreme Court Narrowly Interprets the Statute of Limitations in 'Short-Swing' Securities Actions: Trial Courts Must Apply Traditional 'Equitable Tolling' Principles," Financial Fraud Law Report (June 2012)
  • "Defending Insurers in Claims Litigation," Insurance Law Deals Strategies (2008)
  • "Dura Pharmaceuticals, Inc. v. Broudo: Supreme Court Case Calls Massachusetts Loss Causation Rule into Question," Boston Bar Journal (March/April 2006)
  • "Anonymous Sources In Securities Class Action Complaints," The Review of Securities Commodities Regulation (2005)
  • “Injunctive Relief,” Massachusetts Superior Court Civil Practice Manual, Chapter 5 (2015 Edition)
  • “Moving for Injunctive Relief,” Civil Litigation Print & eBooks MCLE New England, 3rd Edition (2021)