Richard B. Jackson

Representative Experience

• Obtained dismissal with prejudice of securities class action against a major pharmaceutical company and its officers and directors which asserted claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 arising out of forward-looking statements made by the company. The appellate decision affirming the dismissal was the Eleventh Circuit Court of Appeals’ first-ever ruling interpreting the Private Securities Litigation Reform Act of 1995 and one of the first appellate rulings in the country on the safe harbor provisions of that statute. The decision broadly interprets the safe harbor and has received national attention and commentary.
• Obtained dismissal with prejudice of securities class action against a major pharmaceutical company and its officers and directors which asserted claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 arising out of a disappointing earnings announcement. The order of dismissal with prejudice rejected plaintiffs’ amended complaint, which was filed after we obtained an order dismissing plaintiff’s prior complaint. The initial order of dismissal broke new ground in the Southern District of Florida and was later followed by the Eleventh Circuit Court of Appeals.
• Obtained dismissal with prejudice of a securities class action against a leading provider of investment analysis software and its officers which asserted claims under Sections 11 and 12(a)(2) of the Securities Act of 1933 arising out of the company’s initial public offering. The Court entered an order dismissing all of plaintiff’s claims, most with prejudice. After a motion was filed to recover attorneys’ fees and costs, plaintiffs dismissed their appeal, terminating the action.
• Counsel on trial team which obtained jury verdict for public company and officer and director defendants in multi- million dollar securities case asserting claims under Florida securities laws and for breach of fiduciary duty and negligent misrepresentation by former company insiders based on allegedly misleading stock purchase agreement.
• Counsel on trial team which obtained jury verdict for public company and officer and director defendants in multi-million dollar securities case asserting violation of securities laws, fraud and breach of fiduciary duty in connection with stock purchase agreement.
• Obtained dismissal with prejudice in favor of brokerage client in NASD arbitration seeking multi-million dollar award by a customer claiming improper trading in account.
• Representation of public company, plan committee and officer and director defendants in ERISA litigation arising out of alleged breaches of fiduciary duty with regard to company investment plan.
• Obtained favorable settlement of securities litigation filed against world famous professional golfer and his golf course design company arising out of wrongdoing by officers of subsidiary company.
• Obtained dismissal with prejudice of securities class action against a leading teleservices provider and its officers and directors which asserted claims under Sections 11 and 15 of the Securities Act of 1933 arising out of the company’s secondary stock offering. After being served with a motion to dismiss and motions for sanctions, the plaintiffs dismissed the action with prejudice without payment of any kind by the defendants.
• Obtained summary judgment for a brokerage firm client in an NASD proceeding brought by an investor seeking in excess of $1 million for alleged misconduct in connection with the client’s account.
• Obtained summary judgment for over one million dollars in a dispute between a franchisor and its franchisee regarding breach of a franchise agreement and trademark infringement.

Professional and Community Commitment

• South Florida Advisory Board for the Network for Teaching Entrepreneurship, Chair