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Brandon F. White
Partner
Boston
Brandon White represents public and private companies, as well as individual clients, in litigation involving securities fraud allegations and corporate governance issues. He has defended corporations, officers and directors in shareholders' class actions, derivative lawsuits and government and industry investigations. Brandon also represents investors, including individuals, in securities claims. In addition to his securities work, Brandon represents a variety of clients in intellectual property and competition disputes and litigates the full gamut of business tort and contract cases.
Brandon's litigation experience encompasses state and federal courts in a variety of jurisdictions, including the Delaware Chancery Court, the Southern District of New York, and the Court of Appeals for the Second Circuit. He also represents corporate and individual clients in arbitrations under the auspices of the National Association of Securities Dealers and the American Arbitration Association.
Prior to joining Foley Hoag, Brandon was Law Clerk to the Chief Justice of the Supreme Judicial Court of Massachusetts.
Representative Experience
The following is a brief summary of Brandon's experience and accomplishments:
Achieved dismissal of shareholder's derivative suit against public company officers and directors. Yemin Ji v. Van Heyningen and Spratt, et al., District of Rhode Island
Successfully represented in both the trial and appellate courts a company that was acquired in a merger against a claim by investors for an additional payout. Triumph - Connecticut Limited Partnership et. al. v. Ascent Pediatrics Inc., Massachusetts Appeals Court
Defeated request for injunction against broker accused of taking trade secrets and soliciting clients for a competitor. Merrill Lynch, Pierce, Fenner & Smith v. Dewey, Mass. Lawyers Weekly No. 12-226-04
Successfully defended public company in "fraud on the market" case concerning revenue recognition. Sekuk Global Enterprises v. KVH Industries, Inc. et al., District of Rhode Island
Successfully defended two founders of the Coffee Connection, Inc. in a Massachusetts state court case involving claims of fraud in the repurchase of the stock of the third founder prior to the acquisition of the company by Starbucks Corporation
Achieved dismissal of shareholders' class actions against banks. Konstantinakos v. Federal Deposit Insurance Corp., et al., District of Massachusetts and Loan v. Federal Deposit Insurance Corp., et al., District of Massachusetts
Represented plaintiff venture capital investors in a securities claim relating to buy-back of stock prior to company IPO, achieving a settlement of $11.4 million. Harder Pharmaceutical L.P., et al. v. Copley Pharmaceutical, Inc., et al., Southern District of New York. Achieved a similar result on behalf of investors in Moore v. America Service Group Inc., et al., District of Delaware
Prevailed in industry arbitration on behalf of brokers accused of unfair competition and misuse of trade secrets. Merrill Lynch, Pierce, Fenner & Smith Inc, v. Grave, et al., NASD No. 07-387
Successfully represented corporate defendant in direct and derivative litigation involving claims of breach of fiduciary duties relating to disputes over control, alleged entrenchment, "demand futility" claims and similar claims. Chrysogelos v. CACI International Inc, et al., Delaware Court of Chancery
Obtained a jury verdict in favor of a defendant accused of patent infringement, including invalidation of the plaintiff's patent. Electronic Controlled Systems, Inc. d/b/a King Controls v. KVH Industries, Inc., District of Minnesota
professional / civic involvement
o Boston Bar Association, Past Chairman of Business Litigation Committee publications
publications
o Dura Pharmaceuticals, Inc. v. Broudo: Supreme Court Case Calls Massachusetts Loss Causation Rule into Question, BOSTON BAR JOURNAL (April 2006).
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