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Stephen
D.
Hibbard
Partner
Education
Yale Law School, J.D., 1986, Editor, The Yale Law Journal
University of South Carolina, Baccalaureus Artium et Scientiae, 1983, magna cum laude
Practice
Stephen Hibbard has more than two decades of experience litigating securities class actions, mergers and acquisitions, and complex commercial cases, as well as corporate governance disputes and antitrust matters. Mr. Hibbard has represented U.S. and foreign clients in federal and state trials and appeals, as well as in SEC and other regulatory proceedings. He also has extensive experience conducting internal investigations and litigating corporate finance and accounting issues, unfair competition claims, and matters involving California’s unfair business practices statute. Mr. Hibbard has been singled-out as a leading securities litigator in The Legal 500 and has been similarly recognized by Northern California Super Lawyers every year since 2004.
Experience
- Representation of Countrywide Financial Corporation in various securities lawsuits relating to the sale of Residential Mortgage Backed Securities
- Representation of Sybase, Inc. in merger litigation in Delaware and California relating to its sale to SAP
- Representation of Health Grades in merger litigation in Delaware and Colorado relating to its sale to Vestar Partners
- Representation of Shiseido in merger litigation relating to its acquisition of Bare Escentuals
- Representation of Countrywide Bank’s former Chief Investment Officer and Chief Risk Officer in various mortgage industry related matters
- Representation of issuers, including UTStarcom, McKesson Corporation, AT&T Wireless and QuadraMed Corporation, in various securities class actions and derivative lawsuits arising from financial restatements
- Representation of Elan plc in securities and derivative litigation arising from its development of new drugs
- Representation of more than a dozen individual directors or officers in Options Backdating matters
- Representation of Viacom International in various matters, including the Google/YouTube Copyright litigation
- Representation of Olympia Capital Associates L.P. in a securities action arising from a hedge fund collapse
- Representation of H&R Block Financial Advisors in a securities class action relating to the sale of Enron Bonds
- Representation of Merrill Lynch in securities litigation relating to the failure of United Commercial Bank
- Representation of Credit Suisse in various securities class actions and merger litigation, including multiple securities and derivative lawsuits relating to IPO allocation issues
- Representation of Morgan Stanley & Co., Inc. in various securities class actions
- Representation of Deloitte in a securities class action relating to a bank’s financial restatement
- Representation of a venture capital firm with various SEC and litigation matters
- Representation of Watson Pharmaceuticals, Inc. in a California antitrust and unfair competition case relating to the sale of authorized generics
- Representation of Oracle Corporation in its acquisition of PeopleSoft, Inc.
- Representation of Huawei Technologies Co., Ltd. in connection with the LBO of 3Com Corporation
- Representation of S.G. Cowen with claims arising from its role as financial advisor for a merger
- Representation of Indivos Corporation in merger litigation
- Representation of J.P. Morgan Securities Inc. with its alleged role in organizing a Korean joint venture
- Defense of European companies in civil antitrust action
- Representation of SEZ AG in trade secret and breach of contract litigation
Selected Professional & Business Activities
- Board of Governors of the Association of Business Trial Lawyers of Northern California, 2002 to present
- President, 2009
- Vice President, 2008
- Treasurer, 2007
- Secretary, 2006
- Trustee, Carnegie Council for Ethics in International Affairs
- Fellow, American Bar Foundation
- Member, American Bar Association
- Member, Federal Bar Association
- Member, The Bar Association of San Francisco
- Member, Association of the Bar of the City of New York
- Board of Advisors, South Carolina Honors College
- Frequent speaker on Securities and Corporate Governance topics and lecturer on trial practice
Publications
- Author, "Dura Creates More Questions than Answers," International Financial Law Review, May 2006
- Co-Author, "Navigating the Changed Landscape of Corporate Governance," Harvard Management Update, December 2002
Bar Admissions/Qualifications
California
New York
Courts
United States Supreme Court
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Ninth Circuit
Numerous United States district courts
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