S. Sonya Shaikh

Sonya’s litigation experience includes representing:

Securities Litigation

• Opiant Pharmaceuticals – Won motion to dismiss post-close breach of fiduciary duty challenging disclosures and fairness of Indivior PLC’s acquisition of Opiant (Del. Chancery)
• NextGen Healthcare – Secured a complete defense jury verdict in the first holder’s claim case to go to trial in the US in nearly 90 years (Orange Cty. Sup. Ct.); successfully resolved securities fraud class action (C.D. Cal.)
• Dell Technologies – Represented the special committee of Dell Technologies in a class action arising out of Dell’s acquisition of its Class V stock. The parties settled the matter on the eve of trial for roughly one-tenth of the plaintiffs’ total possible damages (Del. Chancery)
• Banc of California – Represented the company’s former CEO in securities class action (C.D. Cal.)
• Masimo – Won civil contempt order and sanctions against activist stockholder in connection with proxy contest for control of healthcare-technology company’s board (C.D. Cal.)
• Impact Biomedicines - Successfully represented Impact Biomedicines and its CEO/founder in securing a rare judgment notwithstanding the jury’s verdict following a three-week trial in a quantum meruit and fraud dispute related to an anticancer drug (Super. Ct. Cal., Cnty. of San Diego)
• Virgin Galactic – Won dismissal of substantial portion of securities class action challenging company’s post-de-SPAC transaction statements about inaugural space flight (E.D.N.Y.)
• Kohl’s – Defeated proxy contest for board control launched by activist stockholder
• A business payments and accounts payable automation software company in a federal securities action in the United States District Court for the Southern District of New York in which plaintiff sought to enjoin the company’s transaction based on alleged violations of Sections 14(a) and 20(a) of the Exchange Act and Rule 14a-9; plaintiff withdrew the preliminary injunction motion, allowing the transaction to proceed
• Searchlight Capital – Represented Searchlight Capital Partners LP in obtaining a favorable ruling in fiduciary lawsuits relating to the take-private transaction of Hemisphere Media Group by Searchlight affiliates
• Metals Company – Successfully obtained dismissal with prejudice of a Section 10(b) and 20(a) federal securities class action against The Metals Company Inc. and its executives arising from alleged misstatements concerning internal controls and accounting treatment of a strategic partnership (C.D. Cal.)
• Bluebird – Representing bluebird bio, Inc. and its directors and officers in multi-forum stockholder litigation challenging disclosure adequacy in connection with a tender offer and related transaction
• Advising public companies in connection with financing and strategic transactions
• Special Committee of board of T-Mobile in connection with US$26 billion merger. (Del. Chancery)
• Successfully represented former public company CEO in securities fraud class action and derivative matters arising out of a stock price drop precipitated by a short-seller blog. CEO dismissed from litigation upon settlement of claims against company
• Representing the directors of a public company in Delaware state court litigation involving claims for breach of fiduciary duties
• Representing technology companies and real estate investment trusts in securities class actions and stockholder litigation alleging breach of fiduciary duties in connection with mergers
• Representing the former CEO of a national bank in Section 10(b) securities class action
• Representing the Board of Directors of a breakthrough technological healthcare company in connection with a fast-paced proxy contest against an activist investment hedge fund

Other Litigation and Enforcement

• Craigslist in web scraping suits against RadPad, an online real estate rental website, alleging breach of contract, copyright infringement, and CAN-SPAM Act and CFAA violations, resulting in a US$60.5 million judgment
• A specialty spirits brand in a commercial dispute asserting claims for breach of control, tortious interference, and breach of fiduciary duty
• A leading software company in the automobile and insurance industries in numerous consumer protection class actions, defeating class certification in at least one of such cases at the district court level, which was affirmed in the 9th Circuit and led to the settlement of numerous similar class actions on an individual non-class basis and for nominal amounts
• Representing public and private companies in stockholder books and records demands under Section 220 of the Delaware General Corporation Law, as well as analogous statutes, including Section 17-305 and similar books and records statutes in other jurisdictions, and related fee disputes
• A global cosmetic company in a trademark infringement dispute
• Represented a fashion retailer in a federal copyright infringement action arising from alleged use of third-party imagery
• A public company’s officers and directors in a shareholder derivative action regarding the company’s disclosure and compensation practices
• Advising and representing public companies in Section 220 books and records demands focused on non-employee director compensation and other similar governance practices
• Representing an individual, on a pro bono basis, in consumer protection claims arising form the sale of an unsafe and legally inoperable vehicle by a used car dealership, successfully negotiating a settlement agreement and release, and securing monetary recovery for the client
• Representing individuals, on a pro bono basis, in humanitarian immigration matters, including U-visa, VAWA, Asylum, and Special Immigration Juvenile Status petitions
• Represented an individual, on a pro bono basis, in a federal habeas corpus proceeding in the Eastern District of Michigan, involving extensive criminal procedure issues raised in connection with a decades-long sentence