Darryl P. Rains

Senior Of Counsel | Palo Alto
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(650) 813-5866

Experience

No. 13 Civ. 790 (CM), 2013 WL 6233908 (S.D.N.Y. Dec. 2, 2013) (dismissal of securities class action complaint).

615 F.3d 1106 (9th Cir. 2010) (first appellate decision establishing there is no private right of action against investment advisors under section 13(a) of the Investment Company Act of 1940).

257 F.R.D. 534 (N.D. Cal. Feb. 4, 2009) 2009 U.S. Dist. LEXIS 44859 (May 15, 2009), 264 F.R.D. 531 (Aug. 21, 2009) (partial dismissals of complaint and limitations on class certification in action by investors in mutual fund which owned mortgage-backed securities).

2007 WL 2070299 (N.D. Cal. July 16, 2007) (dismissal of derivative complaint) (later settlement netted $4.7 million for Atmel).

2007 WL 475453 (Del Ch. Feb. 28, 2007) (bench trial verdict for Atmel Corporation in litigation over termination for cause of chief executive officer and other senior executives and co-founders).

(Case No. 5:07-CV-01349, N.D. Cal. 2006) (voluntary dismissal of derivative complaint before any motion was filed).

(Case No. C-06-03514, N.D. Cal. 2006) (dismissal of complaint alleging stock options backdating against Novellus and its officers and directors).

(D. Md. 2006) (in actions arising from allegations of market timing and late trading practices in the mutual fund industry, obtained dismissal with prejudice of all claims against Charles Schwab & Co., dismissal with prejudice of three actions brought by investors in the Invesco, MFS, and Pilgram Baxter families of funds, and dismissal of all ’33 Act claims, some ’40 Act claims, and all state law claims in an action brought by investors in the Excelsior family of funds).

(Case No. 2:03-CV-00442, D. Utah 2006) (complete dismissal with prejudice of all charges for former chief executive officer of TenFold Corporation; SEC abandoned the case at final pretrial conference).

192 Supp. 2d 1261 (D. Utah 2002) (dismissal of class action complaint).

253 F.3d 423 (9th Cir. 2001) (appellate decision affirming dismissal of class action complaint alleging inaccurate forecasts and failure to disclose problems with merger integration).


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