Nicholas J. Siciliano

Nicholas’ recent achievements include the following:

• Won dismissal with prejudice of securities class action against Walmart and its senior executives related to statements about opioid investigations and disclosures.
• Won first-round dismissal with prejudice of securities fraud class action against Sotera Health Company in connection with statements about regulatory compliance, ongoing litigation risks, and efforts to control emissions.  
• Won appellate affirmance after three dismissals in trial court of breach-of-fiduciary claims against Baxter International and its in-house counsel following internal investigation of former executive.  
• Successfully defended fuboTV for a second time against allegations that plaintiffs suffered losses following a series of aggressive short-seller attacks against the company in late 2020 and early 2021
• Won dismissal of securities class action for Peloton Interactive alleging the company misled investors about COVID-related demand levels. 
• Won dismissal of securities class action for Eargo following criminal and civil investigations into insurance reimbursement practices for direct-to-consumer hearing aids, which was later affirmed by the Ninth Circuit. 
• Won in the Ninth Circuit preserving dismissal of derivative claims against directors of security-screening designer and manufacturer OSI Systems, Inc. on demand-futility grounds. 
• Won a complete defense jury verdict on behalf of NextGen Healthcare, Inc. in the first holder’s claim case to go to trial in the US in nearly 90 years. 
• Won dismissal of securities fraud class action against Baxter International Inc. in connection with restatement of financial statements, which led to favorable settlement. 
• Won first-round dismissal with prejudice of securities fraud class action against regenerative-tissue developer PolarityTE, in short-seller-prompted case challenging statements relating to the company’s patents and FDA registrations. 
• Won dismissal of federal securities class action alleging false and misleading statements based upon a short-seller’s report on behalf of A. O. Smith Corporation, a world-leading provider of water-heating and water-treatment solutions. 
• Won dismissal of shareholder derivative action on standing grounds on behalf of specialized electronic systems developer OSI Systems, Inc. 
• Won dismissal with prejudice of two shareholder derivative actions on behalf of healthcare information-systems developer Quality Systems, Inc.  
• Obtained summary judgment in favor of public healthcare information technology systems company, its chair and chief executive officer in state-court fraud action involving allegations by former director and major shareholder of false and misleading statements in connection with holding his shares
• Obtained summary judgment in favor of former chair of the board of directors of leading fitness company in action involving breach of phantom stock agreement and allegations of fraud and breach of fiduciary duty, which resulted in a favorable settlement on the eve of trial    
• Successfully represented Wal-Mart Stores, Inc. in high-profile and closely watched securities class action pending in the US District Court for the Western District of Arkansas, alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act
• Successfully represented public security technology company and certain of its officers and directors in a securities fraud class action and related derivative actions
• Successfully represented leading glass bottle manufacturer in action involving allegations of fraud and breach of a multi-billion dollar stock purchase agreement
• Currently representing several public companies in federal securities class actions and derivative matters arising out of short-seller attacks