RICHARD B. ("Brad") KAPNICK is an experienced litigation lawyer serving as lead counsel in numerous matters involving complex litigation and has been a partner since 1989. Brad excels at delivering vital legal advice to corporate clients and their officers and directors at crucial junctures of business disputes. His clients have included business leaders from many of the world’s largest public companies. He routinely appears in matters involving the federal securities laws (including Sections 10(b), 11, 12 and 14(a)), directors’ and officers’ liability, and mergers and acquisitions transactions.
Examples of these engagements include representing:
Defendants in federal securities fraud class actions including public corporations and their officers and directors. Cases have involved initial public and secondary offerings, private placements, financial restatements and alleged accounting misstatements, alleged forecasting errors, alleged shortfalls in insurance reserves, and alleged deficiencies in products, distribution and marketing. The matters often involve defense of the clients in related Securities and Exchange Commission proceedings.
Plaintiffs or defendants in shareholder and derivative claims, including corporations and their directors, officers and shareholders. Cases have involved forecasting, reporting of industry performance metrics, management decisions relating to investments and acquisitions, preferred stock claims, corporate opportunities, and a deadlocked board of directors.
Clients engaged in mergers and acquisitions disputes. Cases have involved the purchase and sale of private and public corporations, their assets and subsidiaries, including Revlon claims, entire fairness claims, hostile tender offers, the construction, reformation, and specific performance of merger and acquisition agreements and post-closing adjustment claims. Many of these matters involved multiple federal and/or state forums.
Plaintiffs and defendants in complex litigation. The cases often involve insolvency, reorganization, financial and valuation issues and interpretation of complex commercial contracts, indentures and loan agreements.
Brad was recently recognized by Legal 500 for his representation of clients in M&A disputes.