JIM HEYWORTH practices in the Securities and Shareholder Litigation group in the firm’s New York office. Jim represents corporations, professional services firms and individuals in a variety of shareholder litigation and complex commercial litigation matters. Such litigation commonly has involved allegations of violations of the Securities Act of 1933, the Securities Exchange Act of 1934 and the Investment Company Act of 1940. He has represented clients in federal and state courts throughout the United States, as well as various arbitral forums. Jim also has experience representing clients in SEC, DOJ and FINRA investigations.
Representative engagements include:
- Representation of nominal defendant Intrexon Corporation in a shareholder derivative action in Circuit Court for Fairfax County, Virginia, alleging, among other things, breaches of fiduciary duties by company directors arising out of a related-party transaction
- Representation of Cigna Corp. and senior officers and directors in shareholder class actions and derivative actions in the District of Connecticut alleging violations of federal securities laws and breaches of fiduciary duties in connection with Cigna’s Medicare business
- Representation of JPMorgan Securities and Morgan Stanley & Co. in class action brought by shareholders of La Quinta Holdings Inc. in connection with initial and secondary offerings of stock
- Representation of The Yucaipa Companies and its affiliates and senior officers in class actions in the Court of Chancery of the State of Delaware alleging breaches of fiduciary duties in connection with the proposed merger of Morgans Hotel Group with SBE Entertainment Group
- Representation of JPMorgan Chase & Co. and affiliated entities in actions brought by the Federal Deposit Insurance Corp. (FDIC) in connection with offerings of mortgage-backed securities
- Representation of Magna International Inc. and its officers in a putative class action alleging violations of the Securities Exchange Act of 1934 (Motion to dismiss granted, 2013 WL 4505256 (S.D.N.Y. Aug. 23, 2013))
- Representation of JPMorgan Chase-affiliated entities in bankruptcy adversary proceeding brought by the Chapter 7 trustee of HomeBanc Corp. in connection with disputed repurchase transactions (Motion for summary judgment granted, 2013 WL 211180 (D. Del. Bkry Jan. 18, 2013))
- Representation of Big Four accounting firm in putative class action alleging violations of the Securities Exchange Act of 1934 arising from the failure of a bank
- Representation of Deutsche Bank affiliates and individuals in putative class action alleging violations of the Securities Exchange Act of 1934 in connection with closed-end investment funds (Motion to dismiss granted, 738 F.Supp.2d 432 (S.D.N.Y. 2010))
- Representation of officers in putative securities fraud class action in In re NII Holdings Inc. Securities Litigation (E.D. Va.)
- Representation of a former CEO of a government sponsored enterprise in connection with a class action lawsuit related to alleged breaches of federal securities laws
- Representation of a Big Four accounting firm in defense of nationwide class action lawsuits alleging violations of the Fair Labor Standards Act
- Representation of a financial institution in connection with regulatory and internal investigations into certain practices relating to mortgage backed securities
Jim’s securities litigation experience includes representation of issuers, investment banks, investment advisers and individuals in class actions, derivative actions, and other litigation matters involving equity securities, mutual funds, mortgage and other debt securities and complex derivative securities.
Jim received a B.A. from Cornell University and a J.D. from Fordham University School of Law, where he was an associate editor of the Fordham Urban Law Journal. While in law school, Jim was distinguished for achievements in legal writing.
- “Recent SEC Guidance on Non-GAAP Financial Measures May Impact Federal Securities Lawsuits,” co-author with Alex J. Kaplan and Elise M. Young, Bloomberg BNA’s Corporate Law & Accountability Report (August 18, 2016).
- “How Private Funds Can Tackle Books and Records Demands,” co-author with Alex Kaplan, Compliance Reporter (April 4, 2016).
- “What Private Equity Firms Need to Know About Minimizing IPO-Related Liabilities,” co-author with Andrew W. Stern, SNL (July 10, 2015).
Jim also maintains an active pro bono practice and has co-authored a practice guide on the use of electronic discovery, specifically focused on social media, in domestic violence litigation.