Juan E. Monteverde

Mr. Monteverde has concentrated his legal career advocating shareholder rights. Mr. Monteverde regularly handles high profile merger cases seeking to maximize shareholder value and has recovered millions of dollars and improved merger transactions in the process.

Mr. Monteverde handled and argued in the 9th Circuit Court to change the law in tender offers and obtained a significant victory, which created a 5 to 1 circuit split and lowered the culpability standard to negligence under Section 14(e) of the Exchange Act. Varjabedian v. Emulex Corp., 888 F.3d 399 (9th Cir. 2018). He has also broken new ground when it comes to challenging proxies related to compensation issues post Dodd-Frank Act for not providing accurate disclosure required for shareholders to cast informed votes. Knee v. Brocade Comm’ns Sys., Inc., No. 1-12-CV-220249, slip op. at 2 (Cal. Super. Ct. Santa Clara Cnty. Apr. 10, 2012) (Kleinberg, J.) (enjoining the 2012 shareholder vote because certain information relating to projected executive compensation (as related to an equity plan share increase that had a potential dilutive effect on shareholders) was not properly disclosed in the proxy statement).

Mr. Monteverde has written articles regarding executive compensation and also speaks regularly at ABA, PLI, ACI and other conferences regarding merger litigation or executive compensation issues.

Mr. Monteverde has been selected by Super Lawyers in 2013 and 2017-2019 as a Rising Star and in 2022-2024 as a Super Lawyer in Securities Litigation. Mr. Monteverde has also been selected by Martindale-Hubbell as a Top Rated Lawyer.

Below is a list of selected cases and achievements:

• In Re Envision Healthcare Corp., Case No. 18-cv-01608-RGA-SRF (D. Del. 2021)(obtaining $17.4 million cash settlement)
• Riche v. Pappas (US Geothermal buyout), 2018-0177 JTL (Del. Ch. 2020)(securing $6.5 million cash settlement)
• In Re Hansen Medical, Inc. Shareholder Litigation, Lead Case No. 16-cv-294288 (Santa Clara Cnty., CA 2019)(obtaining $7.5 million post-close cash settlement)
• In Re Clubcorp Holdings Shareholder Litigation, Case No. A-17-758972-B (Dist. Ct. Cark Cnty., NV 2019)(obtaining $5 million post-close cash settlement)
• In Re American Capital, Ltd. Shareholder Litigation, Case No. 422598-V (Rockwell Cty, MD 2018)(obtaining $17.5 million post close cash settlement)
• In Re Jefferies Group, Inc. Shareholders Litigation, Cons. C.A. No. 8059-CB (Del. Ch. 2015)(obtaining as co-lead counsel $70 million post-close settlement)
• In re Force Protection, Inc. Shareholder Litigation, Case No. A-11-651336-B (Dist. Ct. Clark Cnty., NV 2015)(obtaining as co-lead counsel $11 million post-close cash settlement)
• In re Orchard Enterprises, Inc. Stockholder Litigation, C.A. No. 7840-VCL (Del. Ch. 2014) (obtaining as co-lead counsel $10.725 million post-close cash settlement)
• In Re Harleysville Group, Inc. S’holders Litigation, C.A. 6907-VCP (Del. Ch. 2014)(obtaining significant disclosures for stockholders pre-close and securing valuable relief post close in the form of an Anti-Flip Provision providing former stockholders with 25% of any profits in a Qualifying Sale)