Ross MacPherson

Experience

• Represents electronic health records company in ongoing consumer protection investigation in consumer protection investigations involving more than a dozen state attorneys general.
• Successfully defended company against allegations that it violated a deferred prosecution agreement, securing no-fault settlement with DOJ requiring payment of minimal penalty.
• Represented shareholders in parallel derivative lawsuits in the Delaware Court of Chancery and California Superior Court against directors of software company for breach of fiduciary duty; secured rescission of nearly all excessive director compensation and reached settlement to install improved corporate governance measures.
• Defended commercial landlord in two lawsuits pre-emptively brought by tenants that failed to pay rent during the Covid-19 pandemic; secured motion to dismiss and eviction as to the first lawsuit, and secured an amended lease more favorable to the client in the second despite tenant-friendly equitable defenses.
• Conducted internal investigation of real-estate company concerning alleged signature fraud in financing documents submitted to government agencies.
• Represented investment management firm defending against adversary proceeding brought by competing bidder that sought an eight-figure professional fee after submitting failed bid to purchase reorganized debtor; settled matter for less than 10% of plaintiff’s requested fee.