Experience

  • Securities Litigation

Confidential Securities Industry Arbitration

We obtained a $13 million damages award on behalf of our client, a portfolio manager, in a dispute over cost-sharing in an investment management industry subadvisory agreement. 

EB-5 SEC Investigation, Immigration Attorney

Represented immigration attorney in SEC investigation regarding Regional Center marketing activities in the EB5 visa context. 

FINRA Representation

Represented large-scale privately held broker-dealer in a Financial Industry Regulatory Authority (FINRA) investigation regarding business development and cost sharing activities.   

Bergeron v. Monex Deposit Company et al.

Defended a class action filed in the Central District of California against Monex and related entities and individuals. The suit alleged misrepresentations and omissions in the solicitation and trading of monies used to invest in precious metals, and alleged claims under the Commodities Exchange Act and California consumer protection laws (the Consumer Legal Remedies Act, and 17200). The team simultaneously defended a related, parallel enforcement action filed by the Commodity Futures Trading Commission, raising similar allegations.

Ripple v. Bitstamp

Counsel for Bitstamp in the cutting edge crypto-currency litigation in federal court in the Northern District of California.  Bitstamp at the time (2015 and 2016) was the world’s largest crypto-currency exchange.  The litigation involved a federal court interpleader action regarding transactions by several crypto-currency founders including Jed McCaleb of Mt. Gox fame. (Ripple v. Bitstamp) This highly complex civil litigation on cutting edge crypto-currency issues also overlapped with white collar issues as some of the parties to the case were concurrently under federal criminal investigation for their activities in the crypto-currency industry.  This litigation involved the first time in history that an amount of crypto-currency was submitted to the possession of the federal court.  The case was settled favorably to Farella’s client.

Nibler v. Monex Deposit Co. (4th Dist. Court of Appeal 2013)

Obtained reversal of a trial court order denying our client’s motion to compel arbitration.

Hodge v. Franklin; Vigneau v. Franklin

Represented the directors of a publicly traded Real Estate Investment Trust in companion state court class actions alleging violations of securities laws and related statutes.

Clearly Canadian Beverage Corporation

We defended Clearly Canadian, a Canadian new age beverage company, in a class action suit in the United States District Court, Northern District of California regarding alleged securities fraud violations.

Financial Security Assurance Antitrust Actions

Representing Financial Security Assurance Inc. ("FSA") in a series of cases brought by various municipal bond issuers alleging that FSA and a number of other municipal bond insurer defendants illegally agreed and conspired to artificially inflate the prices of municipal bond insurance in violation of the antitrust laws.  Sacramento Municipal Utility District v. Ambac Financial Group, Inc. et al.; City of Los Angeles Dept. of Water & Power v. Ambac Financial Group, Inc. et al.; and City of Sacramento v. Ambac Financial Group, Inc., et al.

Howard v. Hui (Everex Securities Litigation)

In this securities shareholder class action, we defended two Hong Kong companies accused of insider trading and "control person" liability for false financial statements.  Plaintiffs sought over $300 million in damages.  We secured a complete dismissal of the Third Amended Complaint, with prejudice, before discovery.  The plaintiffs later dropped the appeal.

In re Avant! Securities Litigation

We represented a corporate CEO in multiple consolidated class actions.

In re Media Vision Securities Litigation

We represented the former worldwide vice president of sales for Media Vision in parallel securities class actions, an SEC investigation, and action by the U.S. Department of Justice.

McKesson HBOC Securities Litigation

We defended an officer of McKesson HBOC in one of the largest class action securities cases in U.S. history.  Dozens of cases were filed and consolidated in federal court in San Jose, California.  We successfully obtained dismissal of our client from the derivative suit filed in the Chancery Court in Delaware.

Pinto v. Birr Wilson & Co., et al.

We represented a party in this class action securities case arising from the failure of an $18.5 million retirement center project funded by industrial revenue funds.