John Schreiber

John’s current and recent representative experience includes the following:

• Leading a team that recently secured a unanimous victory before the U.S. Supreme Court in a federal securities class action against Macquarie Infrastructure Corporation (MIC) and its former officers and directors. In resolving a circuit split, the Supreme Court ruled that a corporation's failure to disclose certain information purportedly required by SEC regulations, absent any affirmative statement that would make such silence misleading, cannot itself be the basis of a private securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder.  
• Led a team that secured the dismissal with prejudice of a consolidated federal securities class action against Semiconductor Manufacturing International Corporation (SMIC) – China’s largest chipmaker. The case — which was filed in the Central District of California — arose out of the Trump administration’s so-called “blacklisting” of SMIC in late 2020. The dismissal of the case in its entirety was recently affirmed by the U.S. Court of Appeals for the Ninth Circuit, following oral argument.
• Led the defense of Omnicare, Inc. and certain of its former officers and directors in a federal securities class action and related shareholder derivative litigation arising out of alleged violations of the federal False Claims Act (FCA). The shareholder derivative litigation was dismissed with prejudice by the district court at the pleading stage, while in the securities class action (i) plaintiffs’ claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 were likewise dismissed with prejudice, with the dismissal affirmed by the U.S. Court of Appeals for the Sixth Circuit, and (ii) the U.S. Supreme Court, in one of the most significant decisions under the Securities Act of 1933 in decades, unanimously reversed and vacated a decision by the Sixth Circuit holding that the plaintiffs had adequately stated a claim under Section 11 based on certain expressions of opinion and belief concerning Omnicare’s compliance with applicable laws. 
• Successfully defended Medtronic and certain of its current and former officers and directors in a putative shareholder class action arising from the largest transaction in the history of medical technology, in which class certification was denied and the case was subsequently resolved.
• Currently representing former officers of Alta Mesa Resources, Inc. (AMR) — which was created via a de-SPAC merger valued at $3.8 billion — in connection with a federal securities class action asserting claims under Sections 10(b) and 14(a) of the Securities Exchange Act of 1934, as well as related fiduciary duty litigation. The claims are based on alleged misstatements and omissions relating to AMR’s prospects as an oil and gas exploration and production company in the eastern portion of the Anadarko Basin referred to as the STACK.
• Successfully defended China Automotive Systems, Inc. and its officers and directors in a federal securities fraud class action relating to alleged accounting improprieties, in which, following an evidentiary hearing — at which John conducted direct and cross examinations of the parties’ respective experts — the U.S. District Court for the Southern District of New York denied class certification on the ground, inter alia, that plaintiffs were not entitled to a classwide presumption of reliance based on the “fraud on the market” theory because they failed to demonstrate that China Automotive stock, albeit listed on the NASDAQ, traded in an efficient market.
• First-chaired the successful trial of a federal post-closing M&A dispute on behalf of Beam Suntory, Inc. (fka Jim Beam Brands Co.). The case arose out of Beam’s sale of certain beverage alcohol brands and associated intellectual property to Luxco, Inc. Following a three-day trial, the U.S. District Court for the Northern District of Illinois found in Beam’s favor on all counts, rejecting Luxco’s claims that Beam breached certain representations and warranties in the parties’ purchase agreement and awarding Beam counterclaim damages.
• Represented private equity firm Sycamore Partners and affiliates in multi-forum shareholder class action litigation challenging Sycamore’s $600 million acquisition of specialty retailer Hot Topic, Inc., in which plaintiffs’ pre-vote state court motion for expedited discovery was denied and all claims against the Sycamore defendants, including claims for violation of Rule 14a-9 of the federal proxy rules and aiding and abetting breach of fiduciary duty, were dismissed with prejudice by the U.S. District Court for the Central District of California on defendants’ post-closing motion.
• As outside counsel to the court-appointed Examiner in the bankruptcy of Caesars Entertainment Operating Co, John took a lead role in the investigation of, inter alia, alleged breaches of fiduciary duty under Delaware law in connection with multiple pre-bankruptcy transactions giving rise to billions of dollars in claims by creditors.
• First-chaired successful five-day arbitration in post-closing dispute arising under a financial advisor engagement agreement following the completion of a multi-billion dollar public company acquisition.
• Secured a $221 million arbitration award for Macquarie Infrastructure Company in corporate governance dispute with a fellow 50% shareholder that was arbitrated before the International Centre for Dispute Resolution of the American Arbitration Association.
• Successfully represented Panasonic Corporation of North America in a putative class action in California state court challenging the marketing and sale of consumer electronics products, in which Mr. Schreiber argued a successful motion for summary judgment leading to the dismissal of all claims asserted against Panasonic.