profile picture of James J. Beha II

James J. Beha II

Partner | New York

Experience

(Southern District of New York). Representing BlackBerry Limited and its former officers in securities class action related to BlackBerry’s accounting for its sales of BlackBerry 10 devices.

(District of Colorado). Representing Farmland Partners—a real estate investment trust (REIT) traded on the New York Stock Exchange—and its CEO and CFO in securities class action related to its disclosures of loans made through its loan program.

(Northern District of California). Representing underwriter defendants (including Goldman Sachs and Citigroup) in securities class action related to Portola Pharmaceuticals’ disclosures in connection with secondary stock offering.

(Southern District of New York). Successfully defended the former CEO and CFO of Canadian telecom Nortel Networks in securities class action related to Nortel’s bankruptcy. Won motion to dismiss all claims with prejudice.

(Southern District of New York). Successfully defended semiconductor supplier Cirrus Logic Inc. and its officers in a federal securities class action. Won motion to dismiss all claims with prejudice.

Represented several former Bear Stearns employees in various securities class action cases relating to Bear Stearns’ residential mortgage-backed securities business.

Represented the following companies and/or their officers and directors in shareholder derivative litigation: AmREIT, Boyd Gaming, Cirrus Logic, Farmland Partners, LeapFrog Enterprises, UnitedHealth, Vringo, and Yahoo!

(Delaware Chancery Court). Successfully defended Japanese technology giant SoftBank Corporation against claims challenging Sprint Corporation’s $3.1 billion acquisition of Clearwire Corporation, completed in connection with SoftBank’s $21.6 billion acquisition of a controlling interest in Sprint. Clearwire stockholder plaintiffs sought more than $250 million in damages from SoftBank for allegedly aiding and abetting breaches of fiduciary duty in the transaction. Following a two‑week trial, Chancery Court found the Sprint/Clearwire merger entirely fair to Clearwire stockholders and entered judgment in SoftBank’s favor.

(Delaware Chancery Court). Successfully defended Evercore Group as financial advisor to ExamWorks Group, Inc. in litigation arising from ExamWork’s $2.2 billion acquisition by an affiliate of private equity firm Leonard Green & Partners.

(Northern District of California); Hoppy v LeapFrog Enterprises, Inc. (California Superior Court, Alameda County). Successfully defended LeapFrog Enterprises and its directors in shareholder litigation arising from LeapFrog’s acquisition by Vtech Holdings. Won motion to dismiss seven consolidated state court actions and defeated plaintiffs’ motion for expedited proceedings in federal action, allowing the transaction to close as scheduled; post-closing, won motion to dismiss federal action.


Recommended Lawyer for Securities Litigation – Defense

Legal 500 2018-2019

Securities Litigation Rising Star

Super Lawyers 2016-2019