Robert Ritchie

Obtained complete dismissal of securities fraud class action filed after a pipeline leaked oil in the Pacific Ocean; Plaintiffs challenged the pipeline company’s disclosures regarding its operations and maintenance efforts; the Fifth Circuit affirmed the dismissal. In re Plains All American Pipeline, L.P. Sec. Litig., 307 F.Supp.3d 583 (S.D. Tex. 2018), aff’d, 777 Fed. Appx. 726 (5th Cir. 2019)

Obtained complete dismissal of securities fraud class action filed after business disruption related to the Boeing 737 MAX, the announcement of a material weakness related to financial reporting, and executive departures.  Meitav Dash Provident Funds & Pension Ltd. v. Spirit Aerosystems Holdings, Inc., No. 20-cv-00054-SPF-JFJ (N.D. Okla. Jan. 07, 2022)

Obtained partial denial of motion for class certification in securities fraud class action, on the ground that plaintiffs had failed to show price impact as to several alleged corrective disclosures.  Allegheny Cnty. Emps.’ Ret. Sys. v. Energy Transfer LP, No. 20-200 (E.D. Pa. Aug. 23, 2022)

Obtained favorable settlement following discovery in securities fraud class action brought against a global technology company and its officers and directors alleging that the company misled investors about its sales forecasts. Rougier v. Applied Optoelectronics, Inc., No. 4:17-CV-2399 (S.D. Tex. 2020)

Obtained complete dismissal of breach of contract action brought by financial advisor against satellite and space technology company alleging that a preliminary term sheet entitled it to a multi-million dollar engagement on a subsequent M&A transaction.  Foros Advisors LLC v. Digitalglobe, Inc., 333 F. Supp. 3d 354 (S.D.N.Y. 2018)

Obtained complete denial of a post-close application brought by plaintiffs’ attorneys seeking fees in connection with supplemental disclosures made to moot action seeking to enjoin a public M&A transaction. Topley v. Semgroup Corp., No. 19-CV-9630 (RA) (S.D.N.Y. Mar. 29, 2021)

Obtained denial of emergency motion to enjoin $4.8 billion merger of two of the largest public companies in the mineral and royalty sector. Zalvin v. Brigham Minerals Inc., et al, Case No. 2022-78029 (Harris Cnty, Tex. Dec. 27, 2022)

Obtained favorable settlement of Delaware appraisal action following merger of publicly traded satellite and space technology companies.  In re Appraisal of DigitalGlobe, Inc. Common Stock and Preferred Stock, Consol. C.A. No. 2017‑0810 (Del. Ch. 2018)

Obtained take-nothing summary judgment for AmLaw 100 law firm in legal malpractice action and affirmance of this judgment on appeal to the Texas Supreme Court.  Rogers v. Zanetti, 518 SW 3d 394 (Tex. 2017)

Obtained order vacating a prior ex parte order and denying foreign litigant’s right to seek discovery from client under 28 U.S.C. 1782.  In re Atvos Agroindustrial Investimentos S.A., 481 F. Supp. 3d 166 (S.D.N.Y. 2020)

Obtained reversal of order granting right to seek discovery under 28 U.S.C. 1782 in an appeal presenting an issue of first impression to the Fifth Circuit.  Banca Pueyo S.A. v. Lone Star Fund IX (U.S.), LP, No. 21-10776 (5th Cir. Dec. 13, 2022)