
Francesca E. Brody
- Securities and Shareholder Litigation
- Commercial Litigation and Disputes
Biography
FRANCESCA BRODY focuses her practice on securities and commercial litigation in federal and state courts and in arbitration. Francesca’s clients rely on her advocacy at all stages of a matter, from pre-litigation disputes through trial. She represents financial services clients, insurers, technology companies, life sciences companies, and other public and non-public companies.
Chambers USA has recognized Francesca as an “Up and Coming” lawyer for her work in New York Litigation: Securities (2024–2025). In 2023, Francesca was recognized as a “Rising Star” by the New York Law Journal.
Francesca served as a law clerk to the Honorable Kevin Thomas Duffy of the United States District Court for the Southern District of New York. She writes frequently on issues relating to securities litigation, and is a co-author of the “Securities Litigation” chapter of Commercial Litigation in New York State Courts and contributor to “Securities Class Actions in the Life Sciences Sector,” an annual Sidley publication.
Francesca is on the board of directors of Mobilization for Justice, a non-profit serving the civil legal needs of New Yorkers. She also maintains an active pro bono practice and has represented individuals in the New York state and federal courts and elsewhere.
Francesca received her B.A. from the University of Pennsylvania and her law degree from Fordham University School of Law, where she was a notes and articles editor for the Fordham Law Review.
Experience
Representative Matters
- Independent directors of an aesthetic technology company in litigation commenced in Delaware Chancery Court by Board chairman and CEO demanding special meeting of stockholders.
- Two publicly-traded REITs in disclosure litigation in the Southern District of New York arising out of proxy fight by an activist investor.
- Cigna Corp. and its senior officers and directors in obtaining the dismissal, and a precedential Second Circuit affirmance thereof, of a shareholder class action alleging violations of the federal securities laws in connection with disclosures relating to Cigna’s Medicare business.
- Santander Securities LLC and its affiliates in obtaining the dismissal of a putative class action by purchasers of Puerto Rico municipal bonds and closed-end bond funds, and the First Circuit affirmance of that dismissal.
- A Fortune 200 manufacturer of personal care, consumer tissue and professional products in successful defense and appeal of shareholder class action, in which the Second Circuit affirmed that securities law claims against our clients failed for lack of scienter, and in which the appeals court resolved collective corporate scienter issues of first impression in the circuit.
- J.P. Morgan Securities (formerly Bear, Stearns & Co. Inc.) and affiliates in obtaining a defense judgment after trial, and subsequent affirmance in a precedential opinion by the Third Circuit Court of Appeals, in an action relating to the termination of repurchase (repo) agreements and the valuation of mortgage-backed securities.
- BW Group Limited in defeating motions for a preliminary injunction in the High Court of the Republic of the Marshall Islands relating to BW’s transaction with DHT Holdings and successfully defending BW’s right to acquire up to 45% of DHT.
- AIG Inc. and its affiliates in court cases and arbitration proceedings arising from disputes concerning loss-sensitive insurance contracts.
- Two investment banks in connection with actions filed in Rhode Island state court and elsewhere arising out of fairness opinions issued in connection with an acquisition.
- Numerous broker-dealers in more than a dozen FINRA securities arbitration proceedings.
Credentials
- U.S. Court of Appeals, 1st Circuit
- U.S. Court of Appeals, 2nd Circuit
- U.S. Court of Appeals, 3rd Circuit
- U.S. Court of Appeals, 9th Circuit
- U.S. Court of Appeals, 11th Circuit
- U.S. District Court, E.D. of New York
- U.S. District Court, S.D. of New York
- New York
- Fordham University School of Law, J.D., 2012, magna cum laude, Order of the Coif
- University of Pennsylvania, B.A., 2007, magna cum laude
- Kevin Thomas Duffy, U.S. District Court, S.D. of New York (2014-2016)