Kevin P. Muck

Chair, Securities Litigation Group at Fenwick & West LLP

Kevin P. Muck

Kevin P. Muck

Chair, Securities Litigation Group at Fenwick & West LLP

Biography

Kevin Muck is Chair of the Securities Litigation Group. Kevin’s practice focuses on defending issuers, officers, directors and venture investors in shareholder disputes, securities class actions and derivative litigation throughout the country. He has represented clients in a wide range of industries, including telecommunications, life sciences, software, financial services, semiconductor, Internet, entertainment and consumer retail. He also routinely advises clients on corporate governance and disclosure issues, and has extensive experience handling internal and board investigations regarding such matters as accounting issues, executive compensation, insider trading and option granting practices. In addition, Kevin represents companies and individuals in matters brought by the Securities and Exchange Commission and other regulatory authorities.

Kevin has been recognized by Chambers USA as one of the leading securities litigation attorneys in California as well as a Northern California "Super Lawyer" in the area of securities litigation, corporate governance & compliance. He is a frequent lecturer on issues involving securities matters, fiduciary duties and class action litigation. Among the publications Kevin has co-authored are "Defending Securities Class Actions" (American Law Institute – American Bar Association) and "Procedural Considerations in Litigating Class and Representative Claims Under Business and Professions Code Section 17200" (Glasser Legal Works).

Prior to joining Fenwick & West, Kevin was a partner with Clifford Chance and Brobeck, Phleger & Harrison.

Among the notable matters Kevin has handled are the following:

Securities Class Actions

* In re Bay Networks, Inc. Securities Litigation (U.S. District Court, Northern District of California): Represented company and its officers and directors. Motion to dismiss granted; affirmed on appeal.
* In re Cisco Systems, Inc. Securities Litigation (U.S. District Court, Northern District of California): Represented the company and its officers and directors. Action settled.
* In re COPIA Bond Litigation (U.S. District Court, Eastern District of California): Represented law firm in securities class action. Motion to dismiss granted; no appeal taken.
* In re Equinix, Inc. Securities Litigation (U.S. District Court, Northern District of California): Represented the company and its officers. Motion to dismiss granted with prejudice; no appeal taken.
* In re Green Dot Corporation Securities Litigation (U.S. District Court, Central District of California): Represented company and its officers. Motion to dismiss granted; no appeal taken.
* In re Input/Output Corp. Securities Litigation (U.S. District Court, Southern District of Texas): Represented the company and its officers and directors. Motion to dismiss granted; no appeal taken.
* In re Silicon Image, Inc. Securities Litigation (U.S. District Court, Northern District of California): Represented the company and its officers and directors. Motion to dismiss granted; affirmed on appeal.

* In re Spendthrift Farm, Inc. Securities Litigation (U.S. District Court, Northern District of California and Eastern District of Kentucky): Represented underwriter. Summary judgment motion granted in one action with attorneys' fees awarded to client (affirmed on appeal). Motion to dismiss granted in the other action; affirmed on appeal by both the Sixth Circuit (1F.3d 1487) and United States Supreme Court (514 U.S. 211).
* In re VMware, Inc. Securities Litigation (U.S. District Court, Central District of California): Represented the company and its officers. Action dismissed voluntarily; no appeal taken.

Derivative Actions

* Collins v. Concur Technologies, et al. (Washington Superior Court, King County): Represented Concur Technologies in derivative litigation challenging executive compensation. Motion to dismiss was granted.

* In re Adobe Systems Derivative Litigation (California Superior Court, Santa Clara County): Represented company and directors in derivative case regarding alleged antitrust violations. Demurrer sustained.
* In re Cisco Systems, Inc. Derivative Litigation (U.S. District Court, Northern District of California, California Superior Court, Santa Clara County): Represented company and its officers and directors. Motion to dismiss federal case granted; state case settled thereafter.
* In re drugstore.com Derivative Litigation (Washington Superior Court, King County): Represented the company's directors (including Melinda Gates, Jeff Bezos and John Doerr). Motion to dismiss granted; no appeal taken.

* In re KLA-Tencor Corp. Derivative Litigation (U.S. District Court, Northern District of California): Represented Compensation Committee and Audit Committee members in derivative action. Case settled.
* In re MIPS Technologies, Inc. Derivative Litigation (U.S. District Court, Northern District of California): Represent company and its officers and directors. Motion to dismiss granted; no appeal taken.
* In re NVIDIA Corp. Derivative Litigation (U.S. District Court, Northern District of California): Represented officers of NVIDIA in derivative action. Case settled.
* In re Symantec Corp. Shareholder Litigation (Delaware Chancery Court): Represented board of Symantec in derivative case challenging executive compensation and validity of equity plan. Motion to dismiss granted with prejudice.

* Seinfeld v. Bartz (U.S. District Court, Northern District of California): Represented Cisco and its directors in a case under §14(a) of the 1934 Act. Motion to dismiss granted and affirmed on appeal (322 F.3d 693).

Merger and Acquisition Litigation

* Fox v. JAMDAT Mobile, Inc. (California Superior Court, Los Angeles County): Represent the target company and its directors in alleged class action arising out of acquisition by Electronic Arts Inc. Motion to enjoin merger defeated; case settled thereafter.
* In re Covad Communications Corp. Shareholder Litigation (Delaware Chancery Court and California Superior Court, Santa Clara County): Represent target company, its Chairman and its CEO in class actions arising out of acquisition. Both actions dismissed voluntarily.
* In re Concur Tech. Shareholder Litigation (Delaware Chancery Court and Washington Superior Court): Represented company and directors in class actions challenging $8.3 billion acquisition. Actions were settled.

* In re Data Domain, Inc. Shareholder Litigation (Delaware Chancery Court and California Superior Court, Santa Clara County): Represented target company and its directors in class action challenging proposed acquisition. Actions dismissed voluntarily.
* In re Interwoven Corp. Shareholder Litigation (Delaware Chancery Court): Represented target company and its directors in class action challenging acquisition. Action was settled.
* In re Keynote Systems Shareholder Litigation (California Superior Court, San Mateo County): Represented target company and directors in class action challenging acquisition. Action was settled.

* In re Lexar Media, Inc. Shareholder Litigation (California Superior Court, Alameda County): Represented target company, its directors and its acquiror (Micron Technology, Inc.) in class action challenging acquisition. Defeated plaintiffs’ motion to enjoin shareholder vote; demurrer thereafter sustained with prejudice.
* In re SuccessFactors Shareholder Litigation (California Superior Court, San Mateo County): Represented target company and directors in class action challenging acquisition. Action was settled.

Shareholder Disputes

* Ariyoshi v. Kalbrener (Hawaii Circuit Court, First Circuit): Represent officers and directors of a private company in suit by common shareholders alleging they were improperly "frozen out" by board, management and venture investors. Motion to dismiss granted with prejudice and attorneys’ fees awarded to client.

* Clement v. Solta Medical, Inc. (California Superior Court, Alameda Cou

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Chair, Antitrust & Unfair Competition at Fenwick & West LLP

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Partner at Fenwick & West LLP

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Partner at Fenwick & West LLP

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Partner at Fenwick & West LLP

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Chairman, Partner at Fenwick & West LLP

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Former Co-Chair, Securities & Corporate Finance at Fenwick & West LLP

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Kevin P. Muck
Chair, Securities Litigation Group at Fenwick & West LLP
Education
JD
Class of 1985

The University of California, Berkeley, School of Law, commonly referred to as Berkeley Law and Boalt Hall, is one of 14 schools and colleges at the University of California, Berkeley. Berkeley Law is consistently ranked as one of the top law schools in the nation, with acceptance rates lower than every school except Yale and Stanford. The Department of Jurisprudence was founded at Berkeley in 1894. In 1912, the department was renamed the School of Jurisprudence, which was then renamed the School of Law in 1950. The School was originally located in the center of the main UC Berkeley campus in the Boalt Memorial Hall of Law, built in 1911 with funds largely from Elizabeth Josselyn Boalt donated in memory of her late husband, John Henry Boalt. In 1951, the School moved to its current location in the new Boalt Hall, at the southeast corner of the campus, and the old Boalt Hall was renamed Durant Hall. In April 2008, the law school rebranded itself from "Boalt Hall" to "Berkeley Law", in order to more closely tie the law school's name with the campus upon which it resides. The administration hopes that this move will further increase the law school's prestige, since people will now associate it with the Berkeley campus.

BS, summa cum laude, Phi Beta Kappa
Class of 1982

Santa Clara University, a comprehensive Jesuit, Catholic university located in California's Silicon Valley, offers its more than 8,000 students rigorous undergraduate curricula in arts and sciences, business, and engineering, plus master's, Ph.D., and law degrees. Distinguished nationally by the fourth-highest graduation rate among all U.S. master's universities, California's oldest operating higher-education institution demonstrates faith-inspired values of ethics and social justice.

Career History
Chair, Securities Litigation Group
Current

Fenwick & West LLP is a national law firm that provides comprehensive legal services to technology and life sciences clients of national and international prominence. The company's practice areas include antitrust and unfair competition, appellate, complex business litigation, copyright, corporate and securities, employment & labor, executive compensation & benefits, intellectual property and IP litigation. It offers legal advisory services in areas such as mergers and acquisitions, patent prosecution, privacy and information security. Fenwick & West was founded in 1972 and is headquartered in Mountain View, CA.

Political Donations
$1,000
2012

Former President of United States

$1,000
2008

Former President of United States

$1,000
2007

Former Senator from Arkansas

Transactions
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Activision Blizzard, Inc. purchases King Digital Entertainment Plc

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Cypress Semiconductor Corporation purchases Spansion, Inc.

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SAP SE purchases SuccessFactors, Inc.

Other Affiliations

Kevin P. Muck is affiliated with Fenwick & West LLP

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