Wilk Auslander Obtains "With Prejudice" Dismissal of Securities Fraud Claims

Arielle Wasserman, Scott Watnik and Alan D. Zuckerbrod

April 4, 2022

On March 31, 2022, the Southern District of New York issued a decision and order granting the motion to dismiss we filed on behalf of our client, a board director and CEO of a nationally acclaimed architecture and engineering company in the lawsuit captioned Kohlberg v. Birdsey et al. (S.D.N.Y.  civ. No. 20-cv-6250).   The plaintiffs, a putative class of noteholders, asserted Section 10(b) and Rule 10b-5 federal securities fraud claims under the Securities Exchange Act of 1934 against our client alleging over $44 million in damages. The Court’s decision dismisses these claims with prejudice, and adopts many of the arguments we raised in our dismissal motion.  Wilk Auslander’s team was led by Scott Watnik, Alan Zuckerbrod and Arielle Wasserman.   A copy of the Court’s decision and order can be found here.