Bradley W. Foster

Federal Securities Litigation and Other Federal Class Actions

• As lead counsel supervising a multi-office team of attorneys, represented an insurance industry client in a multibillion-dollar class action asserting fraud claims under the securities laws, related lawsuits in both state and federal court, and multiple appellate proceedings, including two appeals to the United States Supreme Court.
• Represented a banking client in a $100+ million securities class action lawsuit arising from an alleged Ponzi scheme.
• Represented a health-care industry client in class action litigation involving alleged accounting manipulations, obtaining a complete dismissal of all claims.
• Represented 100+ financial advisors in federal court litigation arising from an alleged Ponzi scheme, appellate proceedings in the Fifth Circuit Court of Appeals and the United States Supreme Court, and related SEC and FINRA enforcement proceedings.
• Represented a food-industry client in shareholder litigation arising from an alleged antitrust scheme. Obtained complete dismissal of all claims.
• Represented the officers and directors of a publicly-traded telecommunications company in federal securities litigation, related state court proceedings, and an appeal to Fifth Circuit Court of Appeals. Obtained complete dismissal of all claims.
• Represented the CFO of a publicly-traded construction company in class action litigation and parallel SEC enforcement proceedings involving alleged accounting fraud.
• Represented a publicly-traded hospitality company in proxy litigation under Section 14 of the Securities Exchange Act.
• Represented an international mining company in class action litigation arising out of the Bre-X gold scandal.
• Represented an investment bank in class action litigation involving real estate limited partnerships.
• Represented numerous clients (including underwriters, auditors, public company issuers, and individual officers and directors) in various class actions and putative class actions asserting claims under the federal securities laws. Served as “panel counsel” for a leading insurance carrier on securities class actions and D&O claims.
• Represented corporate clients in federal class action litigation involving antitrust, fiduciary, consumer, environmental, and ERISA claims.

State Court M&A, Shareholder Derivative, and Corporate Governance Litigation

• Represented a publicly-traded technology company and its board of directors in a Delaware class action arising from a $560 million merger transaction.
• Represented an international consumer products company in emergency injunctive proceedings in Delaware Chancery Court arising from an asset purchase agreement.
• Represented two senior officers of a bankrupt manufacturing company in a corporate governance lawsuit brought by the Chapter 7 trustee asserting claims against the company’s officers and directors.
• Represented a publicly-traded waste management company and its board of directors in a nationwide shareholder class action arising from a $525 million merger transaction.
• Represented a Texas corporation and its board of directors in shareholder derivative litigation arising from a merger transaction.
• Represented a corporate officer in shareholder derivative litigation involving alleged antitrust violations. Obtained complete dismissal of all claims.
• Represented a publicly-traded restaurant company and its board of directors in a nationwide shareholder class action arising from a $650 million merger transaction.
• Routinely defend corporate clients in disputes with shareholder activists, including proxy contests, M&A and other transactional disputes, books and records demands, and other matters.

Internal Investigations, SEC and FINRA Investigations, and Other Regulatory Inquiries

• Conducted multiple internal investigations for corporate boards and audit committees involving complex financial reporting issues.
• Represented a corporate officer in an SEC investigation and related federal court proceedings involving alleged accounting manipulations by a leading wholesaler in the food industry.
• Represented a senior executive of a publicly-traded technology company in an SEC investigation involving allegedly fraudulent sales practices.
• Represented a real estate investment firm in an SEC investigation concerning alleged violations of the Investment Advisers Act.
• Represented numerous clients in connection with SEC and FINRA inquiries involving alleged insider trading.
• Represented a corporate financial officer in an investigation conducted by the Texas State Board of Public Accountancy. Obtained “no-action letter” from the TSBPA.
• Represented a broker-dealer and multiple supervisory employees in a FINRA investigation involving the misappropriation of client funds.

Investment Bank and Broker-Dealer Litigation and Arbitration

• Represented an investment bank in a $250 million NYSE arbitration proceeding involving complex international transactions.
• Represented a securities broker-dealer and its employees in state court litigation and related arbitration proceedings involving an alleged Ponzi scheme.
• Represented an investment bank in a multimillion-dollar arbitration proceeding involving collateralized mortgage obligations (CMOs).
• Represented a national broker-dealer in multiple state and federal appellate proceedings involving federal arbitration law.
• Represented investment banks, broker-dealers, and associated persons in numerous customer and industry arbitration proceedings.

Some of these representations were handled by Brad prior to joining Haynes Boone.