Packin, Barry M.

Bill Paine is a partner in the Securities and Litigation/Controversy Departments, and a member of the Securities Litigation and Enforcement Practice Group. He joined the firm in 1987.

Practice

Mr. Paine represents public companies, financial services companies and financial institutions, and their officers and directors, with respect to securities, derivative and ERISA litigation in state and federal courts, internal investigations, and SEC investigations and civil enforcement actions.

Litigation: Mr. Paine has defended more than 50 securities class actions brought in federal and state courts. Reported cases include the dismissal of securities class actions brought against numerous companies, including: The First Marblehead Corporation, Medtronic, Art Technology Group, Boston Scientific, Security Dynamics Technologies, Inc., Shiva Corporation, Boston Technology, and Chipcom Corporation. He has comparable experience defending derivative actions and ERISA class actions.

Investigations: Mr. Paine represents technology and financial services companies, financial institutions and their officers and directors with respect to SEC investigations and internal investigations, including investigations concerning accounting matters (e.g., revenue recognition and stock option compensation), FCPA, corporate governance, internal controls and insider trading.

Representative Experience

• Recent dismissals of open market fraud actions and derivative actions against software companies and a medical devices company in Massachusetts, Minnesota, Delaware and North Carolina.
• Numerous internal and SEC investigations on matters such as software and other revenue recognition, FCPA, stock option compensation, and insider trading.
• Recent dismissals of Securities Act class action claims against underwriters of CDO certificates, and open market fraud claims against a facilitator of asset-backed securities offerings.
• Represent bank holding company in ERISA and open market fraud claims, litigation concerning foreign exchange pricing, and internal and other investigations.
• Leading role in the defense of the mutual fund adviser defendants in the mutual fund market timing multidistrict litigation. Defended mutual fund advisers in “excess fee” cases brought under the Investment Company Act, and with respect to SEC investigations concerning fund prospectus disclosures, governance and internal controls, insider trading and market timing.

Professional Activities

Mr. Paine speaks regularly about securities litigation, disclosure, insider trading, officer and director liability, and directors and officers liability insurance.

Honors and Awards

• Recognized as a Massachusetts leader in securities litigation in the 2008, 2009, 2010 and 2011 editions of Chambers USA: America's Leading Lawyers for Business
• Selected by his peers for inclusion in The Best Lawyers in America 2008, 2009, 2010, 2011 and 2012
• Named a "New England Super Lawyer" (formerly "Massachusetts Super Lawyer") in securities litigation in the 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 issues of Boston Magazine