Amanda M. MacDonald

Though all cases vary and none is predictive, Amanda’s experience includes:

• Lead counsel on behalf of a global medical technology company in a putative securities class action alleging securities fraud claims relating to various regulatory actions, securing dismissal of all claims and a second dismissal with prejudice after the complaint was amended.
• Lead counsel on behalf of a Special Litigation Committee for the board of a large social and dating app in connection with derivative and Brophy insider trading claims relating to a controller’s stock sale filed by shareholder plaintiffs in both Delaware Chancery Court and federal court.  Represented the SLC in conducting its investigation, documenting it, and then defending it in a Zapata challenge, resulting in a ruling from the Chancery Court that granted the SLC’s request to terminate the claims entirely.
• Co-lead counsel on behalf of a major healthcare company in several securities class actions filed in New York and Rhode Island state and federal courts, all relating to the company’s announcement of a goodwill impairment.  Secured and maintained multiple dismissals with prejudice in state and federal trial and appellate courts.
• Co-lead counsel on behalf of a large renewable energy company in an earnout dispute filed in Delaware Chancery Court, resulting in dismissal of the complaint.
• Lead counsel on behalf of a large medical device manufacturer in connection with a government investigation relating to alleged FCA and AKS violations, securing a non-intervention election by the government.
• Lead counsel on behalf of a Fortune 100 healthcare company in a filed derivative action alleging various breaches of fiduciary duty, securing dismissal of the claims for demand futility.
• Lead counsel for a major global pharmaceutical company and certain executives in a putative securities class action relating to the spin-off of one of its business units.  After briefing the motion to dismiss and oral argument, and prior to the court’s ruling on the defendant’s motion, the matter settled.
• Lead counsel on behalf of an Ivy League university in a putative class action seeking tuition and fee refunds in light of the onset of the COVID-19 pandemic, securing a victory in favor of the university on summary judgment.
• Represented a leading private equity firm in a putative securities class action relating to its investment in a public company, securing dismissal of the claims and affirmance on appeal.
• Defended a natural gas company and several current and former executives in a putative securities class action resulting from a regulatory settlement, securing dismissal with prejudice.
• Defended a global medical technology company and certain former executives in a securities class action alleging a fraudulent scheme relating to clinical trial data and academic publications.
• Defended a large pharmaceutical company in a securities class action resulting from a stock drop after the announcement of the company’s resolution of certain government investigations.
• Defended a large insurance company in a securities class action relating to a restatement of certain financial statements.
• Defended a senior executive of a global financial institution in connection with criminal, civil, and SEC investigations relating to alleged tax and accounting issues.
• Defended a major financial institution in a securities class action relating to alleged fraudulent lending practices and financial reporting after the Seventh Circuit granted a new trial on causation and damages.
• Led internal investigations for a Fortune 100 company stemming from whistleblower- and hotline-initiated allegations involving alleged financial fraud, policy violations, and insider trading.
• Led internal investigation for a public company stemming from allegations of retaliation and other employment-related issues.
• Led internal investigation for a firm involving allegations of widespread employee misconduct and policy violations.