Sarbanes Oxley; Securities Issues
Represented former senior executive vice president of Fleming against claims for securities fraud, breach of fiduciary duties, and controlling person allegations. Obtained order dismissing client on motion to dismiss. Further settlement of all claims prior to trial. Also represented client in SEC investigation. MDL No. 1530; In re Fleming Companies, Inc., United States District Court for the Eastern District of Texas.
Represented third-party defendant against claims of securities law violations involving international oil joint venture. Obtained judgment dismissing third-party defendant. Affirmed on appeal. No. 91-328; Heineman v. Veronex Resources Ltd., et al.; United States District Court, Central District of California, Western Division.
Represented syndicator against claims involving breach of private placement memorandum, fraud, RICO, and securities fraud. At issue were limited partnership interests and a down-hole drilling tool. Favorable settlement for client prior to trial. MDL No. 791; No. H-86-3808; In re Terra-Drill Partnerships; Westheimer v. Finesod; United States District Court, Southern District of Texas, Houston Division.
Co-counsel for plaintiff in the cement industry in hostile tender offer for competitor. Settled after obtaining preliminary injunction against enforcement of “poison pill” provisions. No. H 88-557; Southdown, Inc. v. Moore McCormack Resources, Inc.; United States District Court, Southern District of Texas, Houston Division.
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A. Mack Pogue
Founder and Chairman
of the Board
Lincoln Property Co.