Rocky Tsai, a litigation partner based in San Francisco and Silicon Valley, represents a broad range of financial, technology and life sciences clients in securities and commercial disputes, with a particular emphasis on the defense and resolution of complex class action litigation. His experience includes litigation counseling and front-line representation in securities class actions, consumer class actions, M&A litigation, SEC and FINRA investigations, and false advertising and unfair competition litigation. He has handled cases in multidistrict litigation, in arbitration, and in federal and state court trials and appeals. Mr. Tsai is a member of the Associate Development Committee, Pro Bono Committee, and Diversity Committee at Ropes & Gray.
Prior to law school, Mr. Tsai worked as a financial analyst at a quantitative hedge fund on Wall Street.
- Served as national coordinating counsel in the largest multi-district litigation in history (National Prescription Opiate Litigation), involving expansive public nuisance and civil conspiracy claims in more than 1,000 state and federal cases across the country.
- Argued and won motion to dismiss before the Delaware Court of Chancery, and secured dismissal of all claims in parallel California shareholder class action litigation, on behalf of acquirer alleged to have aided and abetted purported breaches of fiduciary duties in connection with acquisition of medical device company and rollover by alleged controlling shareholders.
- Argued and won motion to dismiss in Northern District of California fraud lawsuit, obtaining complete dismissal of securities fraud and control person claims asserted against venture capital partner in regard to investments in pre-IPO digital marketing and commerce company.
- Obtained consent judgment providing for 100% recovery of damages on behalf of client in N.D. Cal. breach of contract suit arising from the disputed redemption of a hedge fund limited partner.
- Argued and won dismissal in its entirety, with prejudice, of post-merger shareholder class action suit against private equity sponsor in Los Angeles Superior Court (Complex Litigation Department).
- Led joint defense group of technology companies and venture capital funds in obtaining federal court order granting motion to dismiss unfair competition suit alleging violations of money transmission statutes.
- Litigation counsel representing group of prominent university endowments in dispute with investment adviser and in related Advisory Board investigation and SEC enforcement proceedings.
- Represented global credit investment firm in multi-party construction and indemnification dispute involving over a dozen project sites; negotiated global settlement agreement after leading three mediation sessions.
- Argued and won dismissal in its entirety, with prejudice, of California state court shareholder derivative suit against pharmaceutical company director alleging breaches of fiduciary duty under Delaware law in connection with revenue recognition and product return reserve accounting restatement.
- Won dismissal with prejudice, and obtained affirmance of the dismissal by the U.S. Court of Appeals for the Ninth Circuit, of a civil RICO lawsuit against a private equity firm and its principals.
- Negotiated and obtained final court approval of contingent value right class action settlement for medical aesthetics company and its Board of Directors in post-closing deal litigation.
- Won summary judgment for private equity investors in unfair competition lawsuit brought by portfolio company franchisees.
- Represent peer-to-peer technology company; obtained final approval of favorable securities class action settlement.
- Wrote California Court of Appeal petition for writ of mandate, resulting in widely cited published decision, on behalf of Swiss pharmaceutical companies successfully challenging trial court’s assertion of personal jurisdiction.
- Represented European conglomerate against Eastern European sovereign in investment treaty proceedings involving multi-billion euro telecommunications investment.
- Trial counsel in fraud case tried in the U.S. District Court, Northern District of California, resulting in victory for technology company client against former joint venture partner. Conducted trial examination of accounting witness, briefed successful motion to amend judgment and Ninth Circuit appeal preserving victory, and coordinated enforcement of $6.5 million judgment in conjunction with U.S. Marshal’s Service.
- Part of trial team that obtained first jury trial defense verdict in San Francisco Superior Court for Dow Chemical Company; led expert development and dispositive medical causation defense.
- Presented oral argument in successful judgment on the pleadings on behalf of personal care product manufacturer in San Francisco Superior Court unfair competition action alleging deceptive use of “organics” labeling.
- Won order in Los Angeles Superior Court denying plaintiffs’ motion for class certification in consumer fraud action brought against dietary supplements retailer. Conducted depositions of multiple class representatives.
- First-chaired multiple misdemeanor criminal trials to verdict and argued evidentiary hearings while serving as “on-loan” Deputy District Attorney in the San Francisco District Attorney’s Office.