Kevin M. McDonough

Kevin's experience includes representing:

• Won trial victory for Toptal, including compensatory and punitive damages, in a complex commercial litigation against a lender, and defeated the defendant’s counterclaims at summary judgment and trial. Toptal v. Grosz, CV 20-00555 (Washoe Cty., NV 2023)
• Won complete judgment in favor of Larry Ellison (Executive Chairman and Chief Technology Officer, Oracle Corporation) and Safra Catz (CEO, Oracle Corporation) in a Delaware Chancery Court derivative litigation challenging Oracle's US$9.3 billion acquisition of NetSuite, Inc. — one of the largest transactions to ever survive a stockholder challenge through trial. In re Oracle Corp. Derivative Litigation, No. 2017-0337 (Del Ch. 2023)
• Won affirmance of district court’s dismissal of Section 10(b) and 20(a) claims against PMI and its senior officers arising out of lagging sales in a key market and adverse developments with the FDA. In re Philip Morris Int’l Securities Litigation, 89 F.4th 408 (2d Cir. 2023)
• Won dismissal of securities fraud claims against company and senior executives for alleged failure to disclose adverse product testing results. Quinones v. Frequency Therapeutics, Inc., 665 F. Supp. 3d 156  (D. Mass. 2023)
• Won affirmance of district court’s dismissal of securities fraud claims alleging misrepresentations concerning a DOJ investigation and related FCPA violation. Salim v. Mobile Telesystems PJSC, 2022 WL 966903 (2d Cir. 2022)
• Won dismissal of securities fraud claims against Endo and senior executives relating to Endo’s opioid products and potential products liability. Albiges v. Endo Pharmaceuticals (D.N.J. 2022)
• Won dismissal of securities fraud class action against Weatherford and its directors and officers, arising out of statements regarding company’s transformation plan and bankruptcy. In re Weatherford Int’l PLC Securities Litigation, 2021 WL 2447066 (S.D. Tex. 2021) (affirmed on appeal)
• Won dismissal of all Securities Act claims against GE and its officers and directors arising out of multibillion dollar impairment charge. Houston Municipal Employees Pension vs. General Electric (N.Y. 2021)
• Won dismissal of two securities class actions and two shareholder derivative lawsuits against DXC Technology and its directors and officers arising out of the Company’s workforce optimization plan. In re DXC Technology Co. Securities Litigation, 2020 WL 3456129 (E.D. Va. 2020) and Costanzo v. DXC Technology Co., 2020 4284838 (N.D. Cal 2020)
• Obtained completed dismissal of securities class action against Aratana Therapeutics and its top executives relating to a delay in the company’s anticipated commercialization of a product following an adverse finding by the FDA. In re Aratana Therapeutics Inc. Sec. Litig., 315 F. Supp. 3d 737, 758 (S.D.N.Y. 2018)
• Represented Deloitte & Touche in a US$2 billion professional negligence claim brought by Freddie Mac arising from the failure of mortgage originator Taylor, Bean & Whitaker. Federal Home Loan Mortgage Corp. v. Deloitte & Touche LLP, 14-CV-23713 (S.D. Fla. 2016)
• In what Law360 called one of Latham’s “Big Wins,” won complete dismissal of securities class action against Pacira Pharmaceuticals, Inc. and its top executives relating to the company’s marketing of its signature product, and statements about the product’s approval, safety and efficacy. Lovallo v. Pacira Pharmaceuticals, Inc. et al., 2015 WL 7300492 (D.N.J. 2015)
• Won dismissal of Section 10(b) claims against PricewaterhouseCoopers related to its role as the auditor of Overseas Shipholding Group Inc. In re OSG Sec. Litig., 2014 WL 6748286 (S.D.N.Y. 2014)
• Won dismissal of two federal securities class actions against Deloitte Touche Tohmatsu Limited relating to audits performed by one of its international member firms. McIntire v. China MediaExpress Holdings, Inc., 927 F. Supp. 2d 105 (S.D.N.Y. 2013); In re Longtop Fin. Techs. Ltd. Sec. Litig., No. 11-CV-3658 (S.D.N.Y. 2012)
• Won full dismissal of arbitration claim brought by the Lehman Brothers Estate for alleged accounting malpractice and breach of contract Represented Ernst & Young in all civil and regulatory matters related to its role as auditor of Lehman Brothers. Secured dismissal in the multi-district litigation of all Section 11 claims and most Section 10(b) claims. In re Lehman Brothers Sec. & ERISA Litig., 2011 U.S. Dist. LEXIS 82119 (S.D.N.Y. 2011)
• Represented accounting firms in multiple SEC and PCAOB investigations, including the first PCAOB investigation in which a major firm was granted credit for extraordinary cooperation
• Represented a major global investment bank in connection with an SEC investigation regarding potential federal securities law violations related to short trading