Brett De Jarnette

Cooley successfully secured the complete dismissal of a derivative action for FibroGen – a biopharmaceutical company that discovers and develops medicines for the treatment of anemia, cancer and fibrotic disease – as well as certain officers and directors. The case is In re FibroGen Inc. Derivative Litigation, C.A. No. 2022-0331-SG (Del. Ch.).

Cooley successfully narrowed the class period, thereby substantially reducing the plaintiffs’ potential damages, in a securities class action against client FibroGen – a biopharmaceutical company that discovers and develops medicines for the treatment of anemia, cancer and fibrotic disease.

Cooley secured a win on behalf of BioMarin Pharmaceutical before the US Court of Appeals for the Ninth Circuit. The win affirmed a 2023 dismissal of a putative class action alleging violations of the Securities Exchange Act of 1934.

Cooley successfully defended Fastly, its CEO and former CFO in a securities class action alleging that Fastly mislead investors by making positive statements about its demand and large customers, while not disclosing TikTok was a major customer, and was facing heightened regulatory scrutiny by the US government. Our motion to dismiss was granted.

Cooley secured the complete dismissal of a securities class action regarding the company’s statements about its active client growth and television advertising efforts. The court dismissed all claims with prejudice.