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Kirsten
Nelson
Cunha
Partner
Education
Boston College Law School, J.D., 1996, magna cum laude
Boston College Law Review, Note and Production Editor
Northeastern University, B.S., 1992, magna cum laude, Political Science
Practice
Ms. Cunha is a partner in the Litigation Group of Shearman & Sterling. She joined Shearman & Sterling in 2006 after practicing in Boston for over eight years. Ms. Cunha focuses on securities litigation and other complex disputes and has represented a variety of companies and individuals in class action litigation, arbitrations, SEC and governmental investigations, and internal investigations.
Experience
- Representation of Viacom in copyright action against YouTube and Google
- Defense of Merrill Lynch in Enron securities litigation
- Representation of Boston Scientific in securities, derivative and ERISA litigation
- Representation of Arcelor Mittal in post closing purchase price adjustment dispute
- Defense of Amaranth International Limited in FERC proceeding and related class actions
- Representation of media and entertainment corporation in post closing dispute arbitration
- Representation of a limited partner in dispute with venture capital firm
- Defense of mutual fund portfolio manager in SEC action alleging market timing
- Defense of a large multinational company in securities fraud, derivative and ERISA actions
- Defense of an individual portfolio manager in SEC action alleging market timing
- Representation of former outside director in securities class action resulting in dismissal of all claims
- Representation of the audit committees of two different companies in two internal investigations
- Representation of an architectural firm in a federal jury trial in ERISA breach of fiduciary duty claim resulting in a verdict on liability for the architectural firm
- Defense of a healthcare software company in securities fraud case in a federal jury trial resulting in verdict for the company on all counts
- Defense of an individual in federal criminal securities fraud trial
- Representation of a large broker/dealer firm in fraud action
- Defense of a broker/dealer firm in NASD arbitration resulting in favorable settlement
- Representation of a former officer of a mutual fund company in SEC investigation resulting in dismissal after Wells submission
Publications
- “Nichols v. United States and the Collateral Use of Uncounseled Misdemeanors in Sentence Enhancement,” 37 B.C.L. Rev. 557 (1996)
- “Section 301 of the LMRA Does Not Require Preemption of a Minimum State Labor Standard if the Legal Character of the Claim is Independent of the Rights in a Collective Bargaining Agreement: Livadas v. Bradshaw,” 36 B.C.L. Rev. 330 (1995)
Bar Admissions/Qualifications
New York
Massachusetts
Courts
United States District Court for the District of Massachusetts
United States District Court for the Southern District of New York
United States Court of Appeals for the First Circuit
United States Court of Appeals for the Second Circuit
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