Steven J. Pacini

Associate
Boston
  • 200 Clarendon Street
  • Boston, MA 02116
  • USA
Profile Experience

Steven J. Pacini, a member of Latham & Watkins' Litigation & Trial Department, represents emerging companies, investment firms, and public companies in complex business disputes.

Mr. Pacini focuses on litigating disputes arising out of mergers, acquisitions, financings, and other business transactions, in connection with issues including:

  • Shareholder actions
  • Appraisal and business valuation
  • Disclosures
  • Indemnity and fraud claims
  • Material adverse changes
  • Post-closing adjustments

Additionally, Mr. Pacini counsels clients through the full range of complex business disputes that confront today’s corporations and investors, in connection with:

  • Corporate governance litigation
  • Founder and partnership disputes
  • Restrictive covenants, including non-competition agreements
  • Trade secret and trademark litigation
  • US Securities and Exchange Commission (SEC) investigations

Mr. Pacini also has significant trial experience in securities and consumer class actions, and multiple patent and trade secret cases tried to jury verdicts.

In addition to his practice, Mr. Pacini is a member of the Board of Directors for the Youth Advocacy Foundation and frequently takes pro bono juvenile cases for The Public Defender Agency of Massachusetts.

Mr. Pacini’s experience includes representing:

Shareholder and securities litigation

  • ZipCar in connection with a shareholder derivative suit that threatened its US$500 million sale to Avis; secured a favorable global settlement allowing the transaction to close
  • Seres Therapeutics in securing a dismissal with prejudice of a shareholder class action related to the announcement of clinical results
  • Deutsche Bank Securities, Inc. in connection with two securities fraud suits, alleging the defendant’s violation of state blue sky laws in connection with sales of residential mortgage-backed securities
  • Leading manufacturer of diesel engines, in regulatory and litigation matters, including putative securities class actions – ultimately the court dismissed with prejudice the majority of the securities class actions – and 18 class actions consolidated and dozens of state court actions dismissed on summary judgment, tried to favorable jury verdicts or successfully appealed

Corporate governance, founder, and partnership litigation

  • Principal to a prominent hedge fund in federal and state court cases, resulting in dismissal of all counts against the client, a seven-figure damages award for his counterclaims and recognition of his ongoing membership interest 
  • A life sciences company, its board of directors, and special committees in litigation against its former CEO, a major shareholder and one of three co-founders, resulting in a full release allowing a major financing and change of control transaction to proceed

Post-closing litigation

  • A private equity firm in arbitration of a working capital dispute following the sale of a portfolio company resulting in a final determination in favor of the client

Trade secret litigation

  • Ooyala, Inc., an international video streaming company, in trade secret misappropriation litigation against a competitor, obtaining an injunction and enhanced restrictive covenants against the defendants 
  • A video and social media technology company in a series of disputes with its strategic partner responsible for software and marketplace development, involving claims of breach of contract, fraud, and trade secret misappropriation, resulting in a full release and cancellation of convertible promissory notes
Thought Leadership

Mr. Pacini speaks on substantive litigation topics and emerging trends. His recent speaking engagements include:

  • “Defending IP and Trade Secrets: How to Shape Positive Outcomes with eDiscovery,” Relativity Fest (October 2019)
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