Recent experience includes:
- Agnico-Eagle Mines Limited: representation of Agnico-Eagle and its executive officers in securities litigation in the Southern District of New York. Motion to dismiss granted and affirmed on appeal by the United States Court of Appeals for the Second Circuit.
- American International Group: representation of AIG in securities litigation in federal courts in the Northern District of California, the District of Columbia and the Eastern District of Virginia. Motions to dismiss granted and affirmed on appeal by the United States Courts of Appeals for the Ninth Circuit, the D.C. Circuit and the Fourth Circuit, respectively.
- American Realty Capital Properties, Inc. (now known as VEREIT, Inc.): representation of the audit committee of ARCP, a Maryland real estate investment trust, in connection with an internal investigation, and subsequent representation of ARCP’s current and former outside, non-management directors in ensuing securities litigation in the Southern District of New York and in stockholder derivative litigation in federal and state court in New York and state court in Maryland. Motions to dismiss granted in various actions with respect to claims against the outside, non-management directors.
- Satyam Computer Services: representation of the outside, non-management directors of Satyam, an Indian corporation, including members of the audit committee, in connection with securities litigation in the Southern District of New York. Motion to dismiss granted.
- American Securities: representation of American Securities in appraisal litigation in the Delaware Court of Chancery relating to American Securities' acquisition of Air Methods Corporation.
- Brookfield Asset Management: representation of Brookfield in stockholder litigation (motion to dismiss granted) and pending appraisal actions in the Delaware Court of Chancery relating to Brookfield’s acquisition of Rouse Properties, Inc.
- DIRECTV: representation of DIRECTV in connection with its $67.1 billion transaction with AT&T, including related stockholder litigation in the Delaware Court of Chancery and California state court. Claims dismissed.
- Elizabeth Arden, Inc.: representation of Elizabeth Arden and its board of directors in connection with stockholder litigation in Florida state court relating to the acquisition of Elizabeth Arden by Revlon, Inc. Motion to dismiss granted with prejudice.
- Fidelity National Financial, Inc.: representation of FNF in stockholder litigation in Delaware, Florida and Tennessee in connection with various acquisitions by FNF, including a four-day appraisal trial in the Delaware Court of Chancery relating to FNF's $4.2 billion acquisition of Lender Processing Services where the Court determined that the petitioner, an appraisal arbitrageur, was entitled to no additional consideration.
- General Electric Company: representation of GE and its directors and officers in connection with stockholder derivative litigation in state and federal court in New York, books and records litigation in state court in New York and various corporate governance matters. Motions to dismiss granted and, in the federal court actions, affirmed on appeal by the United States Court of Appeals for the Second Circuit.
- Genworth Financial, Inc.: representation of Genworth and its directors and officers in stockholder derivative litigation in the Delaware Court of Chancery and the Eastern District of Virginia, as well as in various corporate governance matters.
- iStar, Inc.: representation of the outside, non-management directors of iStar, a Maryland real estate investment trust, in responding to a stockholder demand concerning an equity incentive compensation plan and related litigation in Maryland state courts, including an appeal to the Maryland Court of Appeals.
- Major Apparel Company: representation of a company and its board of directors and senior officers in connection with stockholder derivative litigation in New York state court concerning executive compensation. Motion to dismiss granted.
In 2021, Evert was recognized by Chambers USA as a leading lawyer for securities litigation in New York. Clients in Chambers noted that he is “smart on the law, practical and very user-friendly.” In 2020, Evert was named to Benchmark Litigation’s “40 & Under Hot List,” and since 2019, he has been recognized as a “Next Generation Lawyer” for M&A Litigation: Defense, and a recommended lawyer for Securities Litigation: Defense by Legal 500. In 2018 and 2019, Euromoney shortlisted him as a “Rising Star” for Securities Litigation.
Evert also devotes time to pro bono matters, including having argued a criminal appeal before the New York State Court, Appellate Division (First Department) and the New York Court of Appeals, and he serves as chairman of a not-for-profit organization in New York City.
Prior to joining the Firm, Evert served as a law clerk to Vice Chancellor John W. Noble (retired) of the Delaware Court of Chancery.