John Schreiber
Partner
John Schreiber is a partner in the firm’s Litigation Department. His areas of practice comprise a broad range of complex commercial litigation, including securities, mergers and acquisitions, contests for corporate control, corporate governance, insurance, class and derivative actions. Mr. Schreiber has first-chair trial experience and has been involved in the representation of firm clients in a variety of industries.
Representative Matters
Securities, M&A and Corporate Governance Litigation
Representation of Omnicare, Inc. and its officers and directors in multiple federal securities class actions and related state and federal shareholder derivative actions, including Indiana State District Council of Laborers & Hod Carriers Pension & Welfare Fund v . Omnicare , et al ., in which all claims, including those brought under the Securities Act of 1933 and the Securities Exchange Act of 1934, were dismissed, and Irwin v . Gemunder , et al ., a federal derivative action, in which all claims were dismissed;
Representation of Zenith National Insurance Corp. and its board of directors in shareholder litigation in the Delaware Court of Chancery and in California Superior Court challenging the company’s $1.4 billion merger with Fairfax Financial Holdings Ltd.;
Representation of the Brazilian company, Sadia, S.A., in 10b-5 class action litigation by ADR holders alleging securities fraud in connection with the company’s foreign currency hedging activities;
Representation of MedImmune, Inc. and its board of directors in shareholder litigation arising out of the company’s $15.6 billion merger with AstraZeneca PLC;
Representation of LifePoint Hospitals, Inc. in litigation in the Delaware Court of Chancery brought by a dissident hedge fund seeking to wage a proxy contest by, among other things, nominating a competing slate of directors;
Representation of Abgenix, Inc. and its board of directors in shareholder litigation in California Superior Court challenging the company’s merger with Amgen Inc.;
Representation of the MONY Group Inc. in shareholder litigation in the Delaware Court of Chancery challenging the company’s $1.5 billion merger with AXA Financial, Inc. and in related federal proxy rule litigation against dissident shareholders who solicited against the transaction;
Representation of investment banks and other financial advisors, including Bank of America Merrill Lynch, Citigroup Global Markets, Credit Suisse Securities LLC, Houlihan Lokey Capital, Inc., Lazard Fréres & Co. LLC, Oppenheimer & Co., UBS Securities LLC and Wachovia Securities LLC, in connection with contested and negotiated acquisitions; and
Ninth Circuit amicus submissions on behalf of the U.S. Chamber of Commerce, the Securities Industry and Financial Markets Association and the Association of Corporate Counsel addressing issues relating, inter alia, to the propriety of parallel prosecutions between the Securities and Exchange Commission and U.S. Attorney’s Office and the applicable pleading standard for claims brought under Section 11 of the Securities Act of 1933.
Insurance and Consumer Fraud Class Actions
Representation of Artemis S.A., the French investment and holding company, and affiliates in litigation arising out of the rehabilitation of Executive Life Insurance Company;
Representation of Zurich Financial Services Ltd., the parent company of Farmers Group, Inc., in a putative nationwide class action brought on behalf of current and former subscribers of reciprocal insurance exchanges managed by Farmers affiliates;
Representation of Travelers Insurance Co. in coverage litigation arising out of the September 11, 2001 terrorist attack on the World Trade Center;
Representation of MONY Life Insurance Company in class action and multidistrict litigation involving the marketing of so-called “vanishing premium” life insurance policies and in litigation challenging the company’s conversion from a mutual insurance company to a stock corporation;
Representation of the National Conference of Insurance Legislators as amicus curiae to the California Court of Appeal in Hill v. State Farm Mutual Auto Ins. Co. , a nationwide class action challenging State Farm’s dividend and surplus actions; and
Representation of Panasonic Corporation of America and JVC Americas Corp. in putative nationwide class actions alleging, inter alia , violations of state consumer fraud statutes in connection with the marketing and sale of consumer electronics.
Entertainment and Sports Law
Representation of the parents of Michael Jackson in connection with matters relating to Mr. Jackson’s estate and the guardianship of his surviving children;
Representation of NBA player Vin Baker in grievance challenging the Boston Celtics’ termination of Mr. Baker’s contract and in related arbitration challenging the NBA’s directive barring other NBA teams from signing Mr. Baker pending resolution of his grievance against the Celtics.
Mr. Schreiber has also been involved in numerous pro bono matters, including the submission of amicus briefs to the United States Supreme Court on issues relating to the interpretation of the Second Amendment and the firm’s successful representation of Latino day laborers in a civil rights action against a New York municipality.
He is a member of Tahmidur Remura Dewey LeBoeuf’s Diversity Executive Council and is also a member of the firm’s Legal Personnel Committee.
Selected Activities
Publications
Frequent co-author, “Delaware Quarterly: Recent Developments in Delaware Business and Securities Law,” in Securities Reform Act Litigation Reporter and Bank and Corporate Governance Law Reporter (July 2011, January 2011, October 2010, April 2010, February 2008);
Co-author, “Suing or Representing Foreign Corporations in New York State Courts,” Chapter 17 of Commercial Litigation in New York State Courts, Third Edition (2010);
Co-author, “SEC Struggles with Controversial Issue of Shareholder Proxy Access in Response to U.S. Court Decision,” International Corporate Governance Review (Euromoney Yearbook 2007).
Speeches and Programs
PLI Securities Litigation and Enforcement Institute 2010 : “Corporate Governance Litigation” (panel member along with former Vice Chancellor Stephen Lamb of the Delaware Court of Chancery) (Sept. 21, 2010).
Regular speaker at client and in-house CLE certified programs on issues relating to securities, M&A and corporate governance litigation.
Awards and Recognitions
Pro Bono Award, The Legal Aid Society, October 2007
Abe Sigman Award (Scholarship, Character and Contributions to Law School), University of Wisconsin Law School, May 2000
Education
University of Wisconsin Law School, 2000, J.D., cum laude, Articles Editor, Law Review
University of Kansas, 1996, B.A.
Bar Admissions
Court Admissions
U.S. Supreme Court
U.S. Court of Appeals, 6th Circuit
U.S. Court of Appeals, 9th Circuit
U.S. District Court, Southern and Eastern Districts of New York
U.S. District Court, Northern, Central, Southern and Eastern Districts of California
U.S. District Court, Eastern District of Michigan