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Kyle A. Withers
Associate
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Kyle focuses his practice on securities litigation, complex business litigation, and government enforcement matters. With experience in state and federal courts in California and Massachusetts, Kyle recently examined a witness during a jury trial and argued various motions at court hearings. In addition, he has represented clients testifying in investigations before the Department of Justice and the Securities and Exchange Commission.
- As lead associate and third-chair trial counsel, secured complete defense verdict on behalf of Seton Medical Center following three-week jury trial in San Mateo Superior Court in November 2011, recently recognized by the San Francisco Daily Journal and Los Angeles Daily Journal as one of the Top Defense Verdicts of 2011 in California.
- As lead associate, secured settlement of 100 cents on the dollar on behalf of Tang Capital and class in a lawsuit against Affymetrix; on eve of court hearing to enjoin Affymetrix’s proposed $330 million purchase of eBioscience Holding, Affymetrix agreed to repurchase $95.5 million of notes from clients at full par value, plus accrued interest and legal fees; matter was widely publicized in the Bay Area press, including in the San Francisco Chronicle, San Jose Mercury News, Business Week, The Recorder, and numerous other media outlets.
- As lead associate, secured dismissal for lack of personal jurisdiction of an action against the founders of Novatox (a Canadian company) in the United States District Court for the Northern District of California.
- As lead associate, traveled to China and Mexico in FCPA investigations, training and compliance on behalf of multiple clients.
- Lead associate in a private federal securities action pending in the United States District Court for the District of Arizona.
- Lead associate in representation of a former chief financial officer of a major hospital system in connection with an investigation of potential fraud by the Securities and Exchange Commission.
Honors & Awards
©1996-2012 Ropes & Gray LLP. All rights reserved.
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Education
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JD, New York University School of Law, 2007
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BA, summa cum laude, Stonehill College, 2004
Bar Admissions
- California, 2010
- Massachusetts, 2007
Courts
- U.S. District Court for the Northern District of California, 2010
- U.S. District Court for the District of Massachusetts, 2009
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