Amy is a partner in the firm’s securities litigation group, where she has practiced since 2007. Amy represents financial services firms, including investment advisers and mutual funds, and other clients in securities litigation and other complex business disputes in courts around the country. Amy focuses her practice on the investment management industry and has experience in litigating many of the leading issues facing the mutual fund industry, including excessive fee claims, prospectus liability and closed-end fund activism. In addition to active litigation matters, she regularly advises clients in federal and state government investigations. Amy is an industry thought leader on issues surrounding environmental, social and governance (ESG) investing practices, advising multiple clients on regulatory investigations and disclosure matters, and is also a regular speaker and commentator on ESG investing issues.
Amy is co-chair of Ropes & Gray’s Associate Liaison Committee and a hiring partner for the Boston office. She also serves on the Board of Directors for Greater Boston Legal Services.
Experience
- Fund Advisers. Counsel in defending multiple fund advisers against claims of excessive fees under the Investment Company Act of 1940 (PIMCO, Metropolitan West Asset Management, Harris Associates, State Farm, T. Rowe Price).
- ProShares Funds. Successfully defended against securities class action claims alleging violations of Section 11 of the Securities Act and Section 10(b) of the Securities Exchange Act regarding its Exchange Traded Fund risk disclosures.
- Sequoia Fund. Won dismissal of derivative claims against all defendants asserted in connection with Fund's allegedly over-concentrated investments in Valeant Pharmaceuticals.
- Third Avenue Funds. Defending the independent trustees and funds against securities class actions and derivative claims in multiple courts in connection with the closure of the Third Avenue Focused Credit Fund in 2015.
- State Street Bank & Trust Co. Counsel for State Street in SEC enforcement matter arising from investments in subprime-related securities by unregistered collective trust funds and disclosures in connection with those investments. Also, defended State Street at a bench trial in connection with ERISA and securities litigation arising from subprime mortgage exposure in State Street's bond funds.
- Ameriprise Financial, Inc. Counsel for Ameriprise in multi-court securities litigation against The Reserve Primary Fund for losses suffered after The Reserve Trust's money market account "broke the buck" in 2008.
- Stemline Therapeutics. Represented public company and its officers and independent directors in a putative class-action securities fraud litigation alleging violations of Section 11 of the Securities Act and Section 10(b)5 of the Securities Exchange Act arising from Stemline’s alleged failure to disclose adverse events just prior to the company’s IPO. Accepting the arguments in Stemline’s motion to dismiss, the Court dismissed the case in its entirety.
- OvaScience. Obtained dismissal of purported shareholder class action alleging violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5.
- Genzyme. Successfully represented Genzyme in a securities fraud litigation arising out of a shareholder lawsuit alleging failure to disclose merger negotiations. Secured dismissal of shareholder's litigation, affirmed by the Second Circuit, setting the standard for disclosure about preliminary merger negotiations.
- Cornwell Entertainment, Inc. Trial counsel to author Patricia Cornwell in seven-week federal jury trial against former business management firm and individual business manager for breach of fiduciary duty, breach of contract, and negligence resulting in a complete victory and a multi-million dollar verdict. Participated in all aspects of the case from complaint drafting to verdict, including: written and testimonial discovery, fact investigation and development, engagement of expert witnesses, dispositive briefing, witness examination at trial, and post-trial briefings.
- Mayfield, Sequoia Capital, Equinox Partners, TCV, among others. Regularly represent private equity, venture capital, and investment management clients in SEC examinations and compliance matters.