Alithea Z. Sullivan

Counsel
asullivan@ebbklaw.com
+1 512.770.4040 (direct)
+1 703.945.8654 (mobile)
+1 877.851.6384 (fax)

111 Congress Avenue
Suite 2800
Austin, TX 78701
USA

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Practice Areas

Commercial and Business Litigation

Securities Litigation and Enforcement

Education

Harvard Law School, J.D., 2007 (Forum Editor, Harvard Law Review)

Humboldt Universität zu Berlin, 2002 - 2003 (DAAD Deutschlandsjahr Fellow)

Harvard College, B.A. Germanic Languages and Literatures, cum laude, 2002

Other language: Proficient in German

Admissions

Texas, 2010

District of Columbia, 2008

Ms. Sullivan focuses on corporate and securities litigation, specifically the defense of public companies and executives in shareholder class actions and derivative suits. Her experience includes litigation arising out of mergers and acquisitions, fiduciary-duty claims, federal and state securities-law litigation, shareholder fraud suits, and general commercial disputes.

Representative Experience*

  • Represented the purchaser in several state- and federal-court shareholder class actions challenging the acquisition of a $4.4 billion exploration and production company; successfully defeated the plaintiffs’ motion for a temporary injunction.
  • Represented director against fraud claims filed by shareholders in connection with the sale of corporate assets.
  • Defended investment bank in a lawsuit over remarketing of variable rate debt bonds.
  • Obtained dismissal of Section 20(a) control person claim filed against corporate officer in lawsuits and investigations involving alleged revenue recognition and health care fraud in sales of medical devices.
  • Authored series of U.S. Supreme Court amicus briefs on the fraud-on-the-market presumptions in securities law class actions, culminating in favorable citations by the Court in Halliburton Co. v. Erica P. John Fund, Inc., 134 S.Ct. 2398 (2014).
  • Represented the special litigation committee of the board of directors of a publicly traded technology company in conducting an internal investigation of allegations of wrongdoing made by shareholders and derivative litigation.

*Includes matters handled prior to joining Ewell, Brown & Blanke LLPPrior results do not guarantee a similar outcome.

Publications and Presentations

  • "Understanding the 'Midway Position' in Halliburton," Law360, Mar. 14, 2014
  • "Beyond Say on Pay: The Latest Round of Executive Compensation Litigation – And Some Considerations on Defending Against It," Corporate Board Member, May 20, 2013 (co-author)
  • "U.S. Supreme Court Rules That Securities Class Action Plaintiffs Need Not Prove Materiality to Invoke the “Fraud-on-the-Market” Presumption for Class Certification," V&E Securities Litigation and Enforcement Update E-communication, February 27, 2013 (co-author)
  • "Say-on-Pay Lawsuits Losing Steam," Law360, July 10, 2012 (co-author)
  • “New Decision Creates Split in Southern District of New York Over Janus Decision,” V&E Securities Litigation and Enforcement Update E-communication, February 24, 2012 (co-author)
  • "A Basic Question: Is Materiality the Better Standard for Class Certification in Securities Fraud Lawsuits?," First published in Bloomberg Law Reports, February 13, 2012 (co-author)
  • "Another Face of Janus: Judge Scheindlin Holds Investment Manager Is Not Primarily Liable for Statements Made by Equity Fund," V&E Securities Litigation and Enforcement Update E-communication, October 21, 2011
  • "Could the Supreme Court’s Enforcement of Arbitration in Concepcion Reverberate in the Securities Litigation Sphere?," Securities Litigation Report, Volume 8, Issue 8, September 2011 (co-author)
  • "Could the Supreme Court's Enforcement of Arbitration in Concepcion Reverberate in the Securities Litigation Sphere?," V&E Securities Litigation Insights, Summer 2011 (co-author)
  • "U.S. Supreme Court Rejects Efforts to Expand Liability Under Section 10(b) and Holds That Persons Who Draft But Do Not Issue False Statements Cannot Be Liable," V&E Securities Litigation and Enforcement Update E-communication, June 13, 2011
  • "United States Supreme Court Rules That Loss Causation Is Not a Requirement for Class Certification in Securities Class Actions," V&E Securities Litigation and Enforcement Update E-communication, June 6, 2011 (co-author)
  • "District Courts Extend Twombly to Affirmative Defenses," Proof, Summer 2010 (co-author)
  • "Fifth Circuit Holds That Explicit Attribution Is Necessary for Section 10(b) Liability," V&E Securities Litigation and Enforcement E-communication, November 22, 2010 (co-author)
  • "District Courts Consider Whether to Extend Twombly to Affirmative Defenses," Antitrust News & Notes, March 2010 (co-author)
  • "Reforming the Food Safety System: What If Consolidation Isn’t Enough?" Harvard Law Review, 2007
  • "Weighing of Aggravating and Mitigating Factors: Kansas v. Marsh," Harvard Law Review, 2006
  • "Seventh Circuit Finds Implied Right of Action in Vienna Convention on Consular Relations: Jogi v. Voges," Harvard Law Review, 2006