Susan S. Muck

Partner at Fenwick & West LLP

Susan S. Muck

Susan S. Muck

Partner at Fenwick & West LLP

Biography

Susan Muck handles shareholder actions, SEC enforcement proceedings and regularly advises boards and management on disclosure and accounting issues, the Foreign Corrupt Practices Act, and other high- governance matters. She has conducted internal investigations into alleged bribery and accounting fraud for multinational corporations and represented companies and individuals in SEC investigations and at trial. Her extensive experience defending shareholder class actions includes winning the dismissal of General Electric-InVision in securities litigation arising out of the settlement of FCPA investigations by the DOJ and SEC, a result that was affirmed by the Ninth Circuit in Glazer Capital Management, LP v. Magistri, 549 F.3d 736 (2008). She also won the dismissal of a shareholder class action against biotech firm Immersion Corporation arising out of an internal investigation and multi-year restatement, a result that was also affirmed by the Ninth Circuit in Loos v. Immersion Corp., 762 F.3d 880 (2014).

Recent accolades:

* ?Best Lawyers 2017, The Best Lawyers in America: recognized for excellence in commercial litigation
* Chambers USA 2017 Securities Litigation-USA: Susan was lauded by clients as a “fierce litigator,” who combines her "very deep technical knowledge" with "tremendous attention to client service"
* The Legal 500 2017: named to list of top securities litigation lawyers in the U.S.

Susan has been repeatedly recognized as one of the top litigators in California by The Best Lawyers in America, and Northern California Super Lawyers and as one of the “Top 100 Lawyers” and “Top Women Lawyers” by the Daily Journal. She was named a Best Lawyers “Lawyer of the Year”, which honors a single lawyer in a practice area in each community. She is also a Law360 Securities MVP for her work on behalf of Immersion and in connection with the defense and settlement of the Diamond Foods governmental investigations and the innovative settlement she reached in Diamond’s shareholder litigation. The Diamond Foods’ resolution was cited as a key factor in Fenwick’s Securities Litigation team being named “Securities Litigation Department of the Year” by The Recorder over 20 other California firms in 2013.

A dedicated member of the legal community, Susan is a founding member of Women in Securities (WISe), a network for women securities litigators.

Regulatory and Internal Investigations and Enforcement Proceedings

* Defense of publicly disclosed accounting, FCPA or insider trading investigations for LendingClub, General Electric-InVision (non-prosecution agreement), RAE Systems (no enforcement action), Connetics (no enforcement action), Sunrise Telecom (no enforcement action), Immersion (no enforcement action) and Diamond Foods (settlement)
* Investigated publicly disclosed compensation-based allegations against Equinix, Extreme Networks, MIPS, Sunrise Telecom, Zoran, and many other public companies, concluding all regulatory inquiries with no enforcement action
* Represented RS Investments in connection with SEC and Attorney General investigations involving alleged mutual fund market timing
* Successfully defended Morgan Stanley Dean Witter in trial against the SEC challenging the scope of supervisory requirements and procedures

Shareholder Litigation

* ?Defending GoPro, Imperva, Nimble Storage and other technology companies in federal and state securities and derivative suits
* Defended InVision-General Electric in securities class actions arising from FCPA investigations by the DOJ and SEC; dismissal affirmed by the Ninth Circuit
* Defended Barclays, Diamond Foods, Electronic Arts, Equinix, Intuit, LendingClub, ShoreTel and Vocera in shareholder class or derivative litigation alleging accounting or disclosure violations
* Defended life sciences companies Connetics, Immersion, and Sunrise Medical in securities litigation arising out of multi-year restatements and alleged improper revenue recognition
* Defended Affymetrix, Equinix, Extreme Networks, F5, MIPS, and Zoran in shareholder litigation arising out of alleged stock option backdating
* Represented multiple special committees investigating or defending shareholder derivative demands, including representation of the Special Litigation Committee of California Micro Devices’ Board of Directors, resulting in the leading California opinion on the conduct of special litigation committees, Desaigoudar v. Meyercord, 108 Cal. App. 4th 173 (2003)

Compliance

* ?Susan has developed FCPA, UK Bribery Act and general ethics and compliance programs for dozens of public and private companies.
* She has lectured and written extensively on compliance issues, most recently for the Association of Corporate Counsel, Compliance Week, Law360, Northwestern University, and Stanford University.



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Partner at Fenwick & West LLP

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Chairman, Partner at Fenwick & West LLP

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Partner at Fenwick & West LLP

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Associate 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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Industry Co-Chair, Internet at Fenwick & West LLP

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Partner at Fenwick & West LLP

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

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Director of Privacy & Cybersecurity at Fenwick & West LLP

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Susan S. Muck
Partner at Fenwick & West LLP
Education
J.D.
Class of 1986

Founded by Thomas Jefferson in 1819, the University of Virginia School of Law is a world-renowned training ground for distinguished lawyers and public servants. Consistently ranked among the top law schools in the nation, Virginia has educated generations of lawyers, instilling in them a commitment to leadership, integrity and community service. Virginia is justly famous for its collegial environment that bonds students and faculty, and student satisfaction is consistently cited as among the highest in American law schools. At Virginia, law students share their experiences in a cooperative spirit, both in and out of the classroom, and build a network that lasts well beyond their three years here. With more than 20,000 students and a faculty of more than 2,100, the University of Virginia has been ranked first or second among the nation's public universities since 1984. The University's diverse intellectual life is open to law students: Up to 12 credits from other departments may be counted toward the J.D. degree.

BA with Honors, Phi Beta Kappa
Class of 1982

The University of Maryland, College Park is a public research university, the flagship campus of the University System of Maryland, and the original 1862 land-grant institution in the State. The University of Maryland is committed to achieving excellence as the State’s primary center of research and graduate education and the institution of choice for undergraduate students of exceptional ability and promise. The University creates and applies knowledge for the benefit of the economy and culture of the State, the region, the nation, and beyond. As the flagship of the University System of Maryland, the University shares its research, educational, cultural, and technological strengths with businesses, government, and other educational institutions. The University counts among its greatest strengths -- and a major component of its excellence -- the diversity of its faculty, students, and staff. The University of Maryland, College Park is committed to equal educational opportunity and strives to hire a diverse faculty and staff of exceptional achievement through affirmative actions, to celebrate diversity in all of its programs and activities, and to recruit and retain qualified graduate and undergraduate minority students.

Memberships
Executive Editor
Prior
Career History
Partner
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.

Partner
Prior

Shearman & Sterling LLP provides legal services. It is engaged in the mergers and acquisitions, capital markets, project development and finance, complex business litigation & international arbitration, asset management, and taxation areas. The company was founded by Thomas Shearman and John Sterling in 1873 and is headquartered in New York, NY.

Political Donations
$500
2013

Vice President at Office of the Vice President Under Joseph R. Biden

$2,500
2012

Former President of United States

$1,000
2008

Former President of United States

Transactions
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CloudFlare, Inc. issued USD Common Stock

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Farfetch Ltd issued USD Ordinary Shares

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Hewlett-Packard Enterprise Co. purchases Nimble Storage, Inc.

Other Affiliations

Susan S. Muck is affiliated with Fenwick & West LLP, Shearman & Sterling LLP

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