Brandon F. White

Partner - Boston

Bio photo for Brandon White

Contact Information

617.832.1170

617.832.7000

bfwhite@foleyhoag.com Download vCard

A partner and chairperson of the firm’s Securities Litigation Practice Group, Brandon White litigates securities, corporate, business tort and contract matters.

Brandon has conducted litigation in state and federal courts in Massachusetts and a variety of other jurisdictions, including the Delaware Chancery Court, the Delaware Supreme Court, the Eastern District of Pennsylvania, the District of Rhode Island, the District of Minnesota, the Southern District of Texas, the Southern District of New York, the United States Court of Appeals for the Second Circuit, and California and Florida state courts, as well as arbitrations under the auspices of the American Arbitration Association, the Financial Industry Regulatory Authority, JAMS/Endispute and the International Chamber of Commerce in London.

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Education:

  • Boston College Law School, J.D., summa cum laude, Order of the Coif, Law Review Editor, 1979
  • Boston College, B.A., summa cum laude, Phi Beta Kappa, 1975

Representative Experience

Class Actions and Securities Suits

  • Urman et al. v. Novelos Therapeutics, Inc. et al., (D. Mass.): Argued successful motion to dismiss “fraud on the market” case.
  • Moelis v. Berkshire Life Insurance Company, 451 Mass. 483 (2008): Successfully defended life insurance company in class action regarding vanishing premium policies; defeated class certification; affirmed by the Supreme Judicial Court of Massachusetts.
  • Hartsell v. Vanguard et al. (Delaware Chancery Court; affirmed by Delaware Supreme Court; cert. denied by U.S. Supreme Court): Achieved dismissal of putative class action against investment advisor of mutual funds alleging breach of fiduciary duty, negligence and waste stemming from the funds’ investment in publicly-traded foreign online gambling corporations.
  • Massachusetts Mutual Life Insurance Company v. Residential Funding Company, LLC et al. (D. Mass.): Represented financial institution and its directors and officers in residential mortgage-backed securities litigation; obtained dismissal of several clients.
  • Sekuk Global Enterprises v. KVH Industries, Inc. et al. (D. R.I.): Defended issuer in “fraud on the market” case concerning revenue recognition; case settled.
  • Fener v. Aspen Technology, Inc. et al. (D. Mass.): Successfully defended former Chief Executive Officer in “fraud on the market” case concerning revenue recognition.
  • Gut et al. v. Hudson Savings Bank et al. (Mass. Super. Ct.):  Defended acquiring company and merged entity against claims for breach of fiduciary duty, excessive executive compensation and underpayment for shares of target; defeated motion to enjoin merger; case settled.
  • Wells et al. v. Monarch Capital Corp., Monarch Life Ins. Co. et al. (D. Mass.): Represented life insurance company and officers in defense of federal securities class action; case settled.
  • Boyle v. Merrimac Bancorp, Inc. et al. (D. Mass.): Represented former president of bank in defense of federal securities class action; case settled.
  • Hurley et al. v. Federal Deposit Insurance Corp. et al., 719 F. Supp. 27 (D. Mass. 1989): Represented bank and officers in defense of federal securities class action; case settled.
  • Konstantinakos et al. v. Federal Deposit Insurance Corp. et al., 719 F. Supp. 35 (D. Mass. 1989): Represented bank and officers in defense of federal securities class action; case settled.
  • Van de Velde et al. v. Coopers & Lybrand, 899 F. Supp. 731 (D. Mass. 1995): Represented audit firm in defense of federal securities class action; case settled.
  • Estate of Quisenberry v. Alere Medical, Inc. et al. (Cal. Super Ct.): Defended target and directors and officers against claim by shareholders of misleading disclosures concerning merger; case settled.

Shareholder Derivative Suits

  • In re Progress Software Derivative Litigation (D. Mass.): Represented corporation at onset of stock option derivative case and secured dismissal of complaint on demand grounds.
  • Chrysogeles v. CACI International, Inc. et al. (Delaware Chancery Court): Represented corporate defendant in direct and derivative litigation involving claims of breach of fiduciary duty arising out of contest for control; case settled.
  • Katz v. Swersky and Berman et al. (Delaware Chancery Court): Obtained dismissal of shareholder derivative action as well as direct fiduciary duty claims.
  • Mehrvar v. Van Heyningen and Spratt et al. (R.I. Super. Ct.): Defended board members and officers against claim that improper revenue recognition damaged the company, including by causing a securities fraud class action to be brought against it; case settled.
  • Ji v. Van Heyningen and Spratt et al. (D. RI): Defended board members and officers against claim that improper revenue recognition damaged the company, including by causing a securities fraud class action to be brought against it; case settled.
  • Caviness v. Evans et al. (D. Mass.): Successfully defended former Chief Executive Officer and Chairman of public company in a derivative suit alleging violations of state and federal law arising from alleged improper revenue recognition of software licensing contracts.
  • Software Holdings, Ltd. v. Joseph Frye et al. (Mass. Super. Ct.): Prosecuted shareholder derivative suit in the name of a Guernsey corporation to recover value diverted by insiders’ self-dealing sale of subsidiaries; case settled.
  • McBrearty v. Vanguard et al. (S.D.N.Y.; affirmed by Second Circuit): Achieved dismissal of RICO complaint alleging investments by mutual funds in illegal offshore gambling operations; affirmed by Second Circuit.
  • Hartsell v. Vanguard et al. (Delaware Chancery Court; affirmed by Delaware Supreme Court; cert. denied by U.S. Supreme Court): Achieved dismissal of derivative suit alleging breach of fiduciary duty based on investments by mutual fund managers in violation of the Illegal Gambling Business Act.
  • Hartsell v. Vanguard et al. (D. Del.): Currently defending “demand refused” derivative suit based on same allegations as above.

Corporate Governance/Shareholders’ Rights/Disclosure Cases

  • Karmaloop, Inc. v. Allen Sneider v. Karmaloop, Inc., Greg Selkoe and Christopher Mastrangelo (Mass. Super. Ct.): Obtained jury verdict in favor of minority shareholder of internet start-up on claims against insiders for freeze-out and improper dilution.
  • Marsoft, Inc. v. United LNG, L.P. et al. (S.D. Texas) obtained preliminary injunction following evidentiary hearing to prohibit diminution of client’s equity in venture to export liquefied natural gas; case settled.
  • Mary Morgan v. Voyence, Inc. (Delaware Chancery Court): Defended EMC Corporation in shareholder appraisal action arising out of merger; case settled.
  • Triumph - Connecticut Limited Partnership et al. v. Ascent Pediatrics, Inc. (Mass. Super. Ct.):  Obtained summary judgment for public pharmaceutical company against claim that warrant holders’ pay-out rights were triggered by merger; affirmed by Massachusetts Appeals Court.
  • DaSilva v. Coffee Connection and Starbucks (Mass. Super. Ct.): Defended two founders of Coffee Connection against claims of fraud in the purchase of company stock from third founder prior to acquisition by Starbucks Corporation; case settled.
  • Cambridge Biotech Corp. et al. v. Cambridge Diagnostics Ireland, Ltd. et al. (Mass. Super. Ct.): Defended claims that corporate president, board member and minority shareholder acted beyond their authority and breached fiduciary duties by causing the company to sublicense patented technology; case settled.
  • Hollander v. Jenkins and Orion Research Inc. (D. Mass.): Represented company and Chief Executive Officer in proxy contest litigation under the Securities Exchange Act; case settled.
  • Watchmark Corp. v. Argo Global Capital LLC et al. (Delaware Chancery Court): Defended preferred shareholder in declaratory judgment action seeking to alter charter rights; case settled.
  • GSM Capital Limited Partnership v. Watchmark Corp. (Delaware Chancery Court): Obtained multi-million dollar settlement for shareholder asserting appraisal rights.
  • Wingstop Holdings, Inc. et al. v. Restaurants International, Inc. et al., (Mass. Super. Ct.): Obtained favorable settlement for minority shareholder in direct and derivative claims against controlling shareholder for self-dealing, breach of fiduciary duty, dilution and waste.
  • Harder Pharmaceutical, L.P. et al. v. Copley Pharmaceutical, Inc. (SDNY): Represented plaintiff venture capital investors in securities claim relating to buy-back of stock prior to company IPO, achieving a settlement of $11.4 million.
  • Moore v. America Service Group, Inc. et al. (D. Del.): Achieved multi-million dollar settlement for minority shareholder/founder of health services company who was defrauded during buy-out by insiders.  

Arbitrations

  • Robert E. Gray v. Morgan Stanley Smith Barney LLC (FINRA No. 13-01565): Defending company against claim by former employee for additional performance-based compensation; case pending.
  • Marsoft, Inc. v. United LNG, L.P. et al. (International Chamber of Commerce, Case No. 19764/AGF (EA): Defeated preliminary injunction motion in case concerning joint venture to export liquefied natural gas; case settled.
  • Merrill Lynch et al. v. Morgan Stanley et al. (NASD No. 07-387): Defended brokers against claims for conversion and unfair competition; obtained favorable award.
  • Wachovia Securities LLC v. Morgan Stanley et al. (FINRA No. 07-01736): Defended brokers against raiding claim; obtained favorable award.
  • Biotechnology Company. v. Broker Dealer (FINRA No. 10-00656):  Represented customer in complaint regarding auction-rate securities; case settled.
  • Rajesh Idnani et al. v. Venus Investment Partners LLC et al. (AAA Case No. 11 148 Y 02235 06): Defended hedge fund manager against investors’ misrepresentation claims; obtained favorable award.

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Honors

  • Selected for inclusion in Massachusetts Super Lawyers and New England Super Lawyers

Involvement 

  • Massachusetts Continuing Legal Education, Program Presenter
  • Boston Bar Association, Former Chairman, Business Litigation Committee  
  • Lex Mundi, Firm Representative for Securities Litigation
  • Adjunct Professor: Boston College Law School
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals First Circuit
  • Supreme Judicial Court of Massachusetts