Jenner & Block

 

In his 39 years of practice at Jenner & Block, Mr. McCall has developed a broad range of experience in all areas of complex commercial litigation with a particular focus on financial fraud litigation, securities and commodities litigation, SEC/CFTC investigations and enforcement actions, class actions and trade secret litigation.  Mr. McCall has achieved numerous victories for both corporate and individual clients in forums across the country -- including California, Colorado, Delaware, Florida, Illinois, Massachusetts, Michigan, New Mexico, New York, Ohio, Texas and Wisconsin.

Commodities

  • Successfully represented the trustee of a bankrupt Futures Commision Merchant in federal court claims relating to the violation of commodities and securities regulation.  Tried case related to segregation violations and succeeded on appeal.
  • Currently representing a major food company in a commodities manipulation and antitrust class action involving wheat futures and options
  • Currently representing a major grain trading company in a commodities manipulation and antitrust class action involving wheat futures and options

SEC Investigations & Enforcement Actions:

Mr. McCall regularly represents clients in SEC inquiries, investigations, and enforcement actions relating to accounting practices, insider trading, and adequacy of corporate and financial disclosures:

  • Represented a corporate officer and relative in an SEC enforcement action involving alleged insider trading and tipping prior to a merger.
  • Represented the individual directors of a large bank in connection with FDIC and SEC investigations related to alleged misrepresentations concerning the bank’s commercial lending practices.
  • Represented former CFO in SEC investigation of FAS 140 transactions.
  • Represented biotechnology company and CEO who were alleged to have misrepresented and concealed results of clinical trials of investigative drug.  The SEC issued a letter closing the investigation without charges.
  • Represented senior partner of major accounting firm in insider trading investigation.
  • Obtained the dismissal of claims against officers and directors of an insolvent Michigan bank that were brought by the FDIC and creditors of the bank.
  • Represented investment company advisor in SEC market timing investigation.
  • Represented fund sponsor and municipal bond underwriter in connection with SEC and NASD yield burning investigations.
  • Represented bankruptcy trustee for investment advisor in SEC and CFTC investigation of misuse of customer funds.


Securities Class Actions & Derivative Litigation:

Much of Mr. McCall’s practice has been focused on defending investment advisors, issuers, underwriters, investment company sponsors, financial institutions, mutual funds, trustees, directors and corporate officers in connection with allegations of securities fraud and breaches of fiduciary duty.  Some of Mr. McCall’s recent experience includes the following:

  • Represented the trustee of an investment advisor in high-profile case against brokerages and certain of their employees who sold allegedly unsuitable CDOs to investment advisor.
  • Successfully represented a major investment company and its directors in four derivative lawsuits in connection with claims stemming from the redemption of auction rate securities, resulting in all claims being dismissed with prejudice.
  • Successfully defended major investment company sponsor, officers, and fund directors against breach of fiduciary duty claims stemming from mergers of several investment companies.  Mr. McCall won the dismissal of all claims against his clients with prejudice.
  • Represented the individual directors of a large bank in connection with securities class actions, ERISA actions, and shareholder derivative lawsuits, all of which relate to alleged misrepresentations and bank’s commercial lending practices.
  • Successfully represented four of the 39 defendants in a complex securities fraud and RICO action brought by investors in a technology partnership.
  • Obtained the dismissal with prejudice of securities claims brought against a major Illinois utility company that was accused of issuing misleading earnings projections and financial statements in violation of GAAP.
  • Following the bankruptcy of a chain of stores, Mr. McCall successfully defended the company’s directors and corporate affiliate against alleged violations of the federal securities laws.
  • Won the dismissal of nationwide class claims brought against an underwriter and investment advisor who were accused of failing to disclose the risks associated with foreign currency denominated investments.

Internal Investigations:

A substantial portion of Mr. McCall’s practice has been devoted to internal investigations and audit committee inquiries:

  • Successfully represented special committee of technology company’s board in connection with matters involving SEC investigations of accounting restatements.
  • Represented fund board members in special committee investigation of derivative claims regarding share redemptions.
  • Represented investment company sponsor and insider directors in special litigation committee investigation of fund rights offering.
  • Represented special litigation committee of a major Midwest utility in investigation of claims relating to “round-trip” transactions.
  • Represented a board's special litigation committee in investigation and derivative litigation over accounting issues.


Trade Secret Litigation, Consumer Class Actions & General Commercial Disputes:

Mr. McCall also regularly prosecutes and defends clients in commercial disputes, such as breach of contract claims, trade secret and restrictive covenant actions, unfair competition, and professional malpractice claims.  For example, Mr. McCall:

  • Successfully represented online travel company in trade secrets claims brought against former employee and competing online travel company.
  • Successfully represented several major insurance companies in a series of class actions relating to various premium charging practices.
  • Represented software company in major trade secret dispute regarding software systems.