Lisa C. Wood

Lisa Wood has over 35 years of experience handling complex business litigation, principally in the areas of securities fraud, accountants liability, and antitrust. In recognition of her effectiveness as a litigator and antitrust counselor, Lisa has been selected for inclusion in The Best Lawyers in America, Massachusetts SuperLawyers and Chambers USA, which cited her as "one of the top litigators in Boston."

Lisa’s client representation reflects the breadth of her litigation practice. She has represented many different accounting firms, including all of the “Big Four” and other national, regional and foreign firms, in securities and accounting malpractice claims, and in regulatory investigations by the SEC, IRS, PCAOB and other federal and state authorities.

Lisa also represents companies in federal securities and antitrust litigations, and in government investigations by the FTC, the Department of Justice, and SEC. She has served as settlement counsel in complex disputes in which competing investor claims, bankruptcy trustee actions, class actions and regulatory matters were all resolved favorably to her clients.

Corporate governance matters are a special focus of Lisa’s practice. She assists the audit committees of public companies with internal investigations, whistleblower complaints and SEC investigations, and also advises individual public company officers and directors in federal securities litigation, SEC investigations and internal investigations.

In the financial industry Lisa helps mutual funds, hedge funds, and other institutional investors defend as well as evaluate and pursue securities fraud claims. Broker dealer firms and investment advisors turn to her for guidance in federal securities and other regulatory matters, and she has defended many hedge funds in SEC, FINRA and CFA enforcement matters.

Clients seek out Lisa's preventative litigation and corporate compliance advice on securities, auditing and antitrust matters, and she routinely advises clients on the many insurance coverage issues that arise out of business litigation.

Lisa has been instrumental in developing alternative fee arrangements for clients, implementing sophisticated billing and case management systems for complex litigation matters, instilling a client service discipline on case teams and participating in many preferred provider programs with her clients. According to Chambers, “her work and achievements have been incredible; she’s very efficient and client-focused.”

Related Industries

Professional Services

Related Practices

Education

Boston College Law School, J.D., magna cum laude, Order of the Coif
Kenyon College, A.B., summa cum laude, Phi Beta Kappa

Bar and Court Admissions

BAR ADMISSIONS

Massachusetts
New York

COURT ADMISSIONS

U.S. Supreme Court
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. District Court for the District of Massachusetts
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
U.S. District Court for the District of Columbia

Experience

ACCOUNTING AND SECURITIES

Representing Big 4 firms in ten active SEC investigations.
Representing national accounting firm in defending malpractice claims by former client and client investors based on auditor’s alleged failure to detect client’s numerous accounting errors.
Defending fraud and unfair business practices claims brought against Big 4 firm which provided consulting services for a client who issued an RFP for transition services and plaintiff was the losing bidder on the RFP.
Defending Big 4 firm in tax malpractice action pending in the Commercial Division of the New York Supreme Court and a related action pending in the Spanish courts.
Prevailed on a motion to dismiss fraud, negligent misrepresentation, and constructive fraud claims brought in the Commercial Division of New York's Supreme Court against a Big 4 firm which provided tax and valuation work to a reinsurer which entered into a reinsurance transaction with the plaintiffs with whom the Big 4 firm had no contact or relationship; ruling is on appeal with New York’s Appellate Division.
Advise various Big 4 foreign affiliates regarding state board of accountancy regulations and the impact of those regulations on US based work incidental to foreign audits of foreign based companies.
Advising Big 4 firm on professional misconduct claim brought in NY regarding tax services.
Advising hedge fund on possible fraud claims, and make presentations to DOJ and SEC to facilitate those agencies investigation of fraud at heart of possible claims.
Represented Big 4 firm in claim threatened by bankruptcy trustee in bankruptcy proceeding of private college and obtained nuisance value settlement before claim was filed.
Representing Big 4 firm in Puerto Rico's bankruptcy and related adversary proceedings.
Representing Big 4 firms in several adversary proceedings initiated by bankruptcy trustees.
Represented national firm in dispute with former hedge fund client in alleged malpractice action, and obtained pre-litigation settlement.
Represented Big 4 auditor in confidential arbitration in 2015 arising out of dispute with former client regarding A133 audit, in which panel issued unanimous decision in favor of the auditor on all claims. That decision was recently confirmed in the New York Supreme Court.
Represented national accounting firm and obtained defense verdict after 3 1/2 week jury trial in July, 2012, in malpractice action regarding accounting for municipal bond financing of ISP project. Prevailed in related jury-waived trial on M.G.L. c. 93A issues in late 2012.
Represented Big 4 firm in responding to Puerto Rico legislative committee inquiry concerning the status of the audit of the Commonwealth of Puerto Rico’s financial statements.
Represented Big 4 firm in responding to discovery and testifying at trial in 2016 federal court action challenging constitutionality of Puerto Rico tax law.
Represented Big 4 firm in class action securities action in 2014 and 2015 relating to revenue recognition accounting issues for software bug fixes and updates.
Represented Big 4 auditor of so-called Madoff "feeder fund" in action brought by feeder fund limited partners, and obtained summary judgment dismissing all claims, Askenazy v. Tremont Group Holdings, No. 2010-4801 (Mass. Super. Ct.).
Representing Canadian affiliate of Big 4 firm in federal action arising out of tax advice provided to Canadian subsidiary of U.S. company.
Represented national accounting firm in multi-state and bankruptcy litigations arising out of alleged Ponzi scheme orchestrated through investment funds, and obtained ruling dismissing all claims on jurisdiction grounds at the motion to dismiss stage, which was affirmed by the Massachusetts Appeals Court, Fletcher Fixed Income Alpha Fund, Ltd. v. Grant Thornton LLP, 89 Mass. App. Ct. 718, 54 N.E. 3d 570 (2016).
Routinely retained to assess efficacy of internal audit and/or risk management functions and report findings to audit committees, management team or risk management leadership.
Obtained dismissal of constructive trust and Credit Repair Organization Act claims brought by a class of consumers of a non-profit credit repair organization against a national accounting firm which served as the non-profit’s former tax advisor and auditor, and handled appeal in which First Circuit affirmed dismissal, Zimmerman v. BDO LLP, 657 F.3d 80 (1st Cir. 2011).
Defended Big 4 firm and obtained summary judgment dismissing hedge fund’s claim of fraud, negligent misrepresentation and c. 93A on grounds that hedge fund did not rely on client’s audit opinion in making mezzanine loan to financially troubled company. Summary judgment decision and related decision striking “settlement affidavit,” reported at 19 Mass. L. Rep. 51 and 19 Mass. L. Rep. 26 (2005) and Appeals Court decision affirming summary judgment reported at 69 Mass. App. Ct. 218 (2007). In re Imprimis v. KPMG LLP.
Represented special committee of independent directors of a public registrant in an SEC investigation into whether the registrant and its management properly disclosed the executive officers of the registrant and whether one member of management “practiced accounting” before the SEC in violation of a previously issued accounting bar order and in 2010 secured favorable settlement for the registrant. In related SEC litigation against former executives of registrant, successfully defeated motion to compel the production of privileged communication defeating the argument that the privilege had been waived during the SEC’s investigation. SEC v. Prince et al, DC District, 2011.
Representing partner of national accounting firm in on-going PCAOB investigation.
Representing various accounting and financial professionals in proceedings before professional and governmental licensing boards including the CFA Institute, AICPA and state boards of accountancy.
Representing investment advisors, hedge funds and other investment firms in various SEC matters involving Rule 105, Reg. M, insider trading, conflict of interest, disclosure and fund allocation issues.
Conducted internal investigation for Special Litigation Committee of board of public company and issued report on revenue recognition issues for software sales and post-customer support. Derivative litigation filed against company was dismissed once report was provided to court.
Obtained immediate dismissal of claims against national accounting firm for alleged negligent failure to detect bank employee embezzlement in state court action in Pennsylvania, 2012.
Obtained dismissal of all claims against national accounting firm in securities class action alleging securities fraud in connection with large REIT’s write down of mortgage derivative assets during credit crisis. In Re RAIT Securities Litigation, E.D.PA, 2009.
Represented manager of Big 4 firm in PCAOB investigation and convinced PCAOB not to bring charges.
Served as settlement counsel for national accounting firm in complex securities litigation and other related litigation and government investigations and secured favorable settlement of securities class actions.

ANTITRUST AND BUSINESS TORTS

Representing specialty manufacturer in connection with entering into fully integrated joint ventures with direct competitor.
Representing health insurer in antitrust assessment of strategic opportunities.
Representing major automobile OEM in ongoing antitrust matters involving dealer relations, joint ventures, pricing strategies and advertising issues.
Represented manufacturer of destructive testing equipment in antitrust conspiracy action arising out of standard setting activity before ASTM, and obtained an order dismissing all claims. Advanced Technology Corporation, Inc. v. Instron, et al, 2013 U.S. Dist. LEXIS 26052; 2013-1 Trade Cas. (CCH) P78,279 (D. Mass. February 26, 2013.
Representing specialty manufacturer in assessing “Made in America” advertising claims.
Representing several software designers on exclusive dealing, loyalty discounts and product bundling strategies.
Represented women’s clothing retailer in false advertising consumer class action.
Representing medical provider in consumer class action challenging fees charged to copy medical records.
Representing building supplier in consumer class action alleging false advertising and product defects.
Provide antitrust advice to numerous trade associations, buying cooperatives, sales and marketing joint ventures and corporate social responsibility consortia on standard setting, advocacy, lobbying and other competitor collaboration activities.
Representing several health care payers in connection with antitrust merger investigations by DOJ, state AG and state Divisions of Insurance.
Representing several companies in merger investigations by the FTC and Antitrust Division involving market definition, efficiencies defenses, and the scope of exemptions to the HSR process.
Served as lead counsel to human genomics company in FTC investigation regarding consumer protection and privacy issues.
Obtained an immediate dismissal of antitrust and RICO claims filed against a professional service firm drawn into a patent dispute between parties for whom it had allegedly provided patent agent services, in action pending in federal court in the Northern District of Illinois.
Represent various companies in connection with several different FTC and DOJ Antitrust Division investigations in which the clients have an interest, including producing documents, offering testimony and submitting white papers.
Represented The Boston Herald in litigation brought by a former wholesale distributor, challenging an RFP issued by several publishers for wholesale distribution services and winning distribution contracts with vertically integrated publishers. Obtained dismissal of all antitrust claims at motion to dismiss stage.
Represent an IT consulting firm in a multi-million dollar arbitration dispute with a business customer.

PROFESSIONAL EXPERIENCE

Has taught securities law at The Sloan School as a guest lecturer and has lectured on the duties and responsibilities of non-profit board members to many boards and "board bank" programs

Publications

"Securities and Exchange Commission Year in Review: Enforcement Actions and Issues from 2020," The Investment Lawyer, Vol. 28, No. 1 (January 2021)
"Best Practices for Virtual Litigation," ABA’s Antitrust Magazine (Fall 2020)
"Ode to Virtual Litigation from 2020," ABA’s Antitrust Magazine (Summer 2020)
"Lex Mundi Global Competition Law Report," co-authored Chapter on US Developments in Labor & Employment and Competition Law (April 2020)
"COVID-19 Global Competition Measures Report," co-authored with other Lex Mundi firms around the globe (April 30, 2020, updated October, 2020)
"Securities and Exchange Commission Year in Review: Enforcement Actions and Issues from 2019-Part 1," The Investment Lawyer, Vol 27, No. 1 (January 2020)
"Securities and Exchange Commission Year in Review: Enforcement Actions and Issues from 2019-Part 2," The Investment Lawyer, Vol 27, No. 2 (February 2020)
"Massachusetts Accountants Now on the Hook for their Client’s Fraud After Massachusetts High Court Abolishes In Pari Delicto," Professional Liability Litigation Newsletter, Volume 15, Issue 1 (November 2019)
"Securities and Exchange Commission Year in Review: Enforcement Actions and Issues from 2018," The Investment Lawyer, Vol. 26, No. 1 (January 2019)
"Hot Tub Redux," ABA’s Antitrust Magazine, Vol. 32, No. 2 (Spring, 2018)
"Securities and Exchange Commission Year in Review: Enforcement Actions and Issues from 2017," The Investment Lawyer, Vol. 25, No. 1 (January 2018)
"Views from the Bench: Non-Merger Civil and Criminal Antitrust Cases," ABA's Antitrust Magazine (Fall 2017)
"Interview with Judge Jon Tigar, U.S. District Court, Northern District of California," ABA's Antitrust Magazine (Fall 2017)
"Securities and Exchange Commission Year in Review: Enforcement Actions and Issues from 2016," The Investment Lawyer, Vol. 24, No. 1 (January 2017)
"Recent Trends in SEC Enforcement Actions Against Auditors," The Review of Securities & Commodities Regulation, Vol 50, No. 1 (January 11, 2017)
"Views from the Bench on Merger Issues," ABA’s Antitrust Magazine, Vol. 31, No 1 (Fall 2016)
Antitrust Law chapter, Business Torts in Massachusetts, 2nd edition (2016)
"Meet-and-Plead The Inevitable Consequence of Crushing Defender Workloads," Litigation (Winter 2016)
"Translation Protocols: The Time Has Come," ABA’s Antitrust Magazine (Spring 2015), recipient of 2016 Antitrust Writing Award in Academic, Cross-Border category
"SEC Enforcement Year in Review: Actions and Issues from 2014," The Investment Lawyer (Part I, January 2015) (Part II, February 2015)
"A Murky Future for Witness Conferences in Depositions," ABA’s Antitrust Magazine (Fall 2014)
"Lawson v. FMR LLC: Supreme Court Holds That the Sarbanes-Oxley Act Protects Employees of Private Investment Advisers from Retaliation," The Investment Lawyer (June 2014)
"Interview with Judge Nancy Gertner," ABA's Antitrust Magazine (Spring 2014)
"Roundtable: Trying Cartel Cases," ABA's Antitrust Magazine (Spring 2014)
"SEC Enforcement Year in Review: Actions and Issues from 2013," The Investment Lawyer (January 2014)
"Predictive Coding Has Arrived," ABA's Antitrust Magazine (Fall 2013)
"What You and Your Client Can and Should Do to Avoid Spoliation of Electronic Evidence," ABA's Antitrust Magazine (Summer 2013)
"SEC Regulatory Changes and Enforcement Actions: Highlights from 2012," The Investment Lawyer (January 2013)
"Limits on the Court of Public Opinion: Is There an Ethical Obligation to Disclose Financial Relationships Between Litigants and the Media?," ABA’s Antitrust Magazine (Fall 2012)
"The Third Circuit Takes a Narrow View on What E-Discovery Costs May Be Awarded to Prevailing Parties," ABA’s Antitrust Magazine (Summer 2012)
"Awarding E-Discovery Costs to Prevailing Parties Under Rule 54(d)," ABA’s Antitrust Magazine (Spring 2012)
"Using Jury Consultants in Antitrust Cases," ABA’s Antitrust Magazine (Fall 2011)
"Interview: Judge Vaugn Walker," ABA's Antitrust Magazine (Summer 2011)
"Rule 502: Does It Deliver On Its Promise?," ABA's Antitrust Magazine (Summer 2010)
"Serving as the Company's Voice—The 30(b)(6) Deposition," ABA's Antitrust Magazine (Spring 2010)
"Early Case Evaluation (Litigation Efficiency Is Not An Oxymoron)," ABA's Antitrust Magazine (Spring 2009)
"Social Media Use During Trials: Status Updates From The Jury Box," ABA's Antitrust Magazine (Fall 2009)
"A Pragmatic Approach to Stipulated Confidentiality Orders," ABA's Antitrust Magazine (Fall 2008)
"Better Discovery Through Document Management," ABA's Trial Practice (2008)
"Making Your Case With Graphics: An Interview," ABA's Antitrust Magazine (Summer 2008)
"The Perils of Electronic Filing and Transmission of Documents," ABA's Antitrust Magazine (Spring 2008)
Chapter Author, How I Pray (Ballantine Books, 1994)

Foley Hoag Publications

Publication 04/01/2021

Securities and Exchange Commission Year in Review: Enforcement Actions and Issues from 2020

Publication 02/26/2021

Court of Appeals Affirms Divestiture from a Consummated Merger in First-of-Its-Kind Private Antitrust Challenge

Publication 02/03/2021

FTC Decreases Thresholds for HSR Filings for First Time Since 2010, Also Decreases Interlocking Directorates Thresholds and Increases Civil Penalties

Publication 10/21/2020

Foley Hoag and Lex Mundi Release Updated Report on Global Competition Measures in Response to COVID-19

Publication 05/01/2020

Securities and Exchange Commission Year in Review Enforcement Actions and Issues from 2019 The Investment Layer

Publication 04/30/2020

Foley Hoag and Lex Mundi Release COVID-19 Global Competition Measures Report

Publication 04/21/2020

Foley Hoag and Lex Mundi Publish Global Competition Law Report

Publication 03/27/2020

U.S. Antitrust Agencies Adjust Review Processes in Response to COVID-19 Crisis

Publication 01/30/2020

FTC Increases Thresholds for HSR Filings and Interlocking Directorates and Adjusts Civil Penalties

Honors & Involvement

HONORS

Selected as one of Lawdragon's 500 Leading Litigators in America (2022) - Securities Litigation, Antitrust
Awarded ABA’s Antitrust Section’s 2021 Outstanding Performance Award for service as Litigation Practice Editor of Antitrust Magazine and contributions as Notes from the Field columnist
Awarded John Minor Wisdom Public Service and Professionalism Award in April, 2014 by the American Bar Association “in recognition of high standards of professionalism and outstanding contributions in promoting an open profession and an open system of justice”
Elected Fellow of the American Bar Foundation in 2014 in recognition of exemplary dedication to the profession and service to society.
Appears among the best antitrust lawyers in Massachusetts in Chambers USA: America's Leading Lawyers for Buisness 2004-2022 Guides, published by the London-based Chambers & Partners Publishing
Named The Best Lawyers’ Boston Litigation-Antitrust Lawyer of the Year, 2017 and 2020
Listed in The Best Lawyers in America, 2005-2023
Antitrust Lawyer of the Year in Massachusetts, 2011, 2013-2018 Corporate International Global Awards
Leading Antitrust Lawyer, Global Competition Review, 2011-2018
Recognized by her peers as a Massachusetts “Super Lawyer” for Business Litigation, 2004-2018, and as one of the 50 top women lawyers in Massachusetts and New England, 2005-2018
Named in the Boston Business Journal’s 40 Under 40 in 1999, recognizing her as one of the outstanding young business leaders in Boston

INVOLVEMENT

Appointed by the Massachusetts Superior Court to the Business Litigation Session Advisory Committee
Appointed by the United States District Court for the District of Massachusetts to serve as Chair of the Attorney Advisory Committee charged with assisting the Court in revising and updating its local rules for civil cases, 2009-present
Appointed by the Legal Services Corporation to serve on its national Pro Bono Task Force, 2011-2013
Appointed by the Supreme Judicial Court to serve as a member of the IOLTA Committee, 2003-2012; Elected Chair, 2006
American Bar Association’s Standing Committee on Legal Aid and Indigent Defendants, 2009-2015, Chair, 2012-2015; Litigation Practice Editor of Antitrust Magazine; various other leadership positions in the Antitrust and Litigation Sections of ABA
Boston Bar Association, Executive Committee and Council, 1999-2002; Litigation Section, Past Chair
Serves on the board of directors of several nonprofit corporations, including the Center for Women in Enterprise and Hale Reservation
LeadBoston Community, Past President
Boston Club (executive women's club), Past Corporate Secretary

Speaking Engagements

Antitrust Counseling & Compliance 2020” PLI Webcast, (October 2020)
“HHS’ Rule To Change AKS Safe Harbor Protection For Rebates In The Drug Supply Chain," Foley Hoag Webinar (April 2019)
"Antitrust for Joint Ventures: The Substantive Law," Foley Hoag Webinar (January 2019)
Regional Chair, ABA Section of Litigation Roadshow 2.0, “Precision Advocacy: Reinventing Motion Practice to Win” Boston, MA (May 2017)
“Ethics for the Antitrust Attorney,” PLI Antitrust Counseling & Compliance, New York, New York (September 2014-2018)
“Privilege Issues When Engaging an Expert,” Accountants’ Liability 2016, ALI, Washington, D.C. (September 2016)
"Issues to Consider in Auditor Defense," MCLE’s 15th Annual Business Litigation Conference (January 2016)
“Developments on the Horizon: Accountant's Liability,” American Law Institute, Washington, D.C. (October 2015)
“Trying Your '1st' (or Next) Civil Case in Federal Court,” Massachusetts Continuing Legal Education (Lisa was one of two trial lawyers along with two federal judges on the panel for this program; May 2014)
2014 National Meeting of State Access to Justice Chairs, moderator; gathering of representatives from 36 State Supreme Courts to discuss access to justice initiatives by state courts (May 2014)
Keynote speaker, State Bar of Michigan’s 5th Annual Justice Initiatives Summit, An Update on Language Access Across the Country (April 2014)
"Providing Language Access in the Courts: Working Together to Ensure Justice," Department of Justice, Civil Rights Division (February 2014)
"Standards, Patents and Antitrust," Boston Bar Association CLE (February 2014)
“Antitrust Counseling and Compliance,” PLI (November 2013)
Legal Services Corporation Rulemaking Workshop regarding its Private Attorney Involvement regulations, (July 2013)
Legal Service Corporate’s Release of its Pro Bono Task Force Report (October 2012)
“SEC Enforcement Developments,” IA Watch's 12th Annual IA Compliance Fall Conference (September 2012)
“Compliance Issues for the Newly Registered Investment Advisor,” IA Watch's IA Compliance Best Practices Summit (March 2012)
“The Supreme Judicial Court’s Recent Amendment to Mass. R. Civ. P. 23,” Boston Bar Association (December 2011)
“Class Certification in Antitrust Cases: The Increasing Role of Economic Analysis,” Boston Bar Association (October 2011)
“How Good (or Bad) is Shady Grove for Class Action Practitioners?,” Boston Bar Association (November 2010)
“The New Role of the SEC in PCAOB Oversight. Free Enterprise Fund v. PCAOB: An Analysis of What Comes Next,” PCAOB Webinar (July 2010)
“Latest U.S. Developments Impacting Audit Committees,” 10th Best Practices for Audit Committee Effectiveness (April 2010)
"International Financial Reporting Standards: An Examination of the SEC's Proposed Conversion Roadmap" (January 2009)
“An Interview with the Head of Enforcement for the PCAOB” (April 2008)
Faculty Member, Workshop at MIT's Sloan School on Subprime Crisis (March 2008 and December 2008)
“Litigating and Trying an Accountants’ Liability Case,” ALI/ABA Conference on Accountants’ Liability (May 2007)