Craig Weinstock is co-chair of Locke Lord’s Securities Litigation Practice Group. Mr. Weinstock’s practice includes significant experience in securities litigation representing audit committees, directors and officers, derivative and minority shareholders.
Mr. Weinstock also has extensive trial and appellate experience in federal and state trial court and has prosecuted and defended numerous cases involving complex securities and derivative issues.
Education
- J.D., Vanderbilt University Law School, 1983
Associate Editor of the Vanderbilt Journal of Transnational Law (1982-83) - B.A., State University of New York at Albany, 1980
Bar Admissions
Representative Experience
Securities, Directors & Officers Litigation
- Represented the Independent Directors concerning alleged breaches of fiduciary duties in connection with a $10 billion sale of a mid-stream company.
- Represented Directors concerning 10b-5 allegations and represented the Company in derivative litigation alleging breaches of fiduciary duty. We obtained dismissal of the 10b-5 and derivative claims, and the cases were resolved.
- Represented Directors and Company regarding $600 million merger between two specialty chemical companies. Defeated Plaintiff’s request for injunctive relief and obtained summary judgment concerning allegations of breach of fiduciary duties of loyalty, care and candor, under Delaware law.
- Defended three class action cases arising out of a $1.7 billion transaction in which Plaintiffs alleged violations inter alia that the directors and officers violated their fiduciary duties to common and preferred shareholders and violated securities laws. Plaintiff’s dismissed their claims with no payment from our clients.
- Represented the Special Committee and Independent Directors in litigation against shareholders seeking to enjoin a transaction. Prevailed in an injunction fight that allowed a $180 million transaction to close.
- Represented the former Chief Financial Officer of Mortgage REIT that declared bankruptcy after difficulty in its loan securitization business. The lawsuit was a putative class action alleging securities fraud. We obtained a dismissal of the lawsuit and defended that dismissal on appeal before the United States Court of Appeals for the Fifth Circuit. The Firm also represented the officer in a separate securities fraud action in Oklahoma.
- Represented publicly traded company in a securities fraud and minority oppression case involving alleged violations of both federal and state securities law and state common law. The lawsuit involved violations of both the 1933 and 1934 Acts. Company achieved a resolution that permitted a positive business solution for Company.
- Represented a publicly traded REIT in case against a corporate raider. Obtained rulings concerning novel questions of law on the construction of the Texas REIT Act and federal securities laws. As a result, the corporate raider sold his position in REIT, permitting a capital restructuring.
- Obtained a take-nothing judgment in securities class action cases in which the Plaintiffs alleged violations of §§ 11, 14 and 10(b)(5) of the 1933 and 1934 Acts.
- Defended Company and Directors against claims arising out of a contract for merger and sale of Company. The Company resolved the case with no payment to Plaintiffs.
- Represented Directors in a dispute arising from executive compensation and fiduciary duty issues. Plaintiffs alleged oppression and other wrongdoing in connection with executive compensation and the $375 million sale of Company. The case was settled on a cost of defense basis.
- Defended a number of former Directors of Republic National Bank based on alleged breaches of their duties as directors of the Bank.
- Represented directors and officers in this derivative litigation in which the plaintiffs alleged breaches of fiduciary duties and self dealing in a going private transaction. Obtained a resolution for our publicly traded client.
Investigations
Investigations by Governmental Agencies including the Department of Justice, Securities and Exchange Commission, Department of Treasury, Office of Foreign Assets Control and other Regulatory Agencies. Mr. Weinstock has represented Independent Directors, Audit Committees, corporations and individuals in responding to governmental inquiries and has conducted numerous internal investigations. Representative matters include:
- Represented major drilling contractor concerning potential FCPA violations in Africa and the Middle East;
- Represented major drilling contractor concerning potential FCPA violations in South America;
- Represented Fortune 500 industrial company concerning potential FCPA violations in Mexico;
- Represented major oilfield services company concerning potential FCPA in Mexico;
- Represented Fortune 100 oilfield services company concerning potential FCPA violations and potential embargoed country violations in Middle East, Canada, Norway, Scotland and the United Kingdom
- Represented major drilling contractor concerning potential FCPA violations in Kazakhstan;
- Represented energy company concerning potential securities law violations regarding trading activity;
- Represented real estate investment trust concerning possible securities violations related to alleged insider trading;
- Represented waste contractor concerning alleged insider trading allegations by the SEC;
- Represented Independent Directors regarding alleged stock options back-dating;
- Represented Independent Directors concerning alleged breaches of fiduciary duty by senior executives;
- Represented Independent Directors concerning alleged misuse of non-commercial aircraft; and
- Represented Special Committee of building products company concerning alleged breaches of fiduciary duty by senior executives.
Publications & Presentations
- Associate Editor of the Vanderbilt Journal of Transnational Law (1982-83)
- Should Holding Claims Be Allowed?, Texas Lawyer, September 22, 2003
Professional History
- Partner, Locke Lord LLP
- Clerk for Hon. Robert Parker, Judge for the U.S. District Court, Eastern District of Texas (Currently Fifth Circuit Judge)
Professional Affiliations & Achievements
- Named, 2013 BTI Client Service All-Star (Securities Litigation)
- Member, Houston Bar Association
- Past Member, Administration of Houston Bar Association Justice Committee
- Member, American Bar Association
- Member, Texas Bar Association, Litigation and Environment and Natural Resources Section
- Past Member, Vanderbilt University School of Law Alumni Board
- Board of Directors, Federal Bar Association
- Board of Directors, Jewish Institute for National Security Affairs, Washington, D.C.
|
|