Biography
John A. Neuwirth is Co-Head of Weil’s Securities Litigation practice. Mr. Neuwirth focuses on the nationwide litigation of securities, M&A, derivative, complex business and corporate matters at the trial and appellate levels in both federal and state courts, and before arbitration panels. Mr. Neuwirth also counsels boards of directors, board committees and senior management on M&A, corporate governance, securities, disclosure, regulatory and other issues, and provides representation in connection with governmental, regulatory and internal investigations, and proxy contests.
Mr. Neuwirth’s recent notable experience includes:
Securities Litigation
- In re Sanofi Securities Litigation; AG Funds, L.P., et al. v. Sanofi, et al. (S.D.N.Y./2d Cir.) – Representation of Sanofi and its wholly-owned subsidiary Genzyme Corporation and certain of their senior executives in federal securities class actions. Motions to dismiss granted; affirmed in first opinion by the Second Circuit to address the Supreme Court’s seminal Omnicare decision. Mr. Neuwirth was recognized as “Litigator of the Week” by The American Lawyer for securing victory for Sanofi before the Second Circuit.
- In re Sanofi Securities Litigation (S.D.N.Y.) – Representation of Sanofi and its former CEO in an unrelated consolidated federal securities class action. Motion to dismiss granted.
- In re Gentiva Securities Litigation (E.D.N.Y.) – Representation of Gentiva Health Services in securities fraud class action arising out of Medicare reimbursement practices. Multiple motions to dismiss granted.
- Ford v. VOXX International Corp., et al. (E.D.N.Y.) – Representation of VOXX and its CEO and CFO in federal securities class action. Motion to dismiss granted.
- In re Exxon Mobil Corp. Securities Litigation (D.N.J.) – Motion to dismiss federal securities claims against ExxonMobil granted. Complaint dismissed without leave to replead. Affirmed by Third Circuit.
M&A Litigation
- Successful representation of Lender Processing Services (LPS) in Delaware Chancery Court trial of an appraisal action seeking $90 million in additional consideration in connection with Fidelity’s $4.2 billion acquisition of LPS. The court ruled that petitioner, an appraisal arbitrageur, was entitled to no additional consideration.
- Successful representation of JAB Holdings in shareholder class action litigation arising out of JAB’s $14 billion acquisition of Keurig Green Mountain, Inc. Motion to dismiss granted.
- Successful representation of ATMI, Inc. and its board of directors in shareholder litigation arising out of ATMI’s $1.15 billion acquisition by Entegris, Inc. Motion to strike all claims granted.
- Successful representation of Providence Equity in shareholder class action litigation arising out of Providence’s $1.64 billion acquisition of Blackboard. Motion to expedite denied. Motion to dismiss granted.
- Successful defense of Gentiva Health Services in shareholder class action litigation arising out of Gentiva’s $1 billion acquisition of Odyssey.
- Successful representation of Centerbridge in shareholder class action litigation arising out of Centerbridge’s $1.1 billion acquisition of P.F. Chang’s. Motion to expedite denied. Motion to dismiss granted.
- Successful representation of NYMEX Holdings and its board of directors in shareholder class action litigation arising out of NYMEX’s $9.5 billion sale to CME Group, Inc. Motion to dismiss granted.
Mr. Neuwirth is currently recognized by Legal 500 as one of only 21 Tier 1 Leading Litigators nationwide for Securities: Shareholder Litigation, and as one of only 11 Tier 1 Leading Litigators nationwide for M&A: Litigation: Defense. Clients in Legal 500 note that Mr. Neuwirth “sees the big picture and manages his team efficiently through the granular issues.” He also has been recognized as one of America’s leading securities litigators by Benchmark Litigation, Chambers USA, Best Lawyers in America, and as a New York “Super Lawyer.” In 2016, Mr. Neuwirth was recognized as a “Life Science Star” by LMG Life Sciences Guide.