Richard H. Zelichov’s practice encompasses a wide range of commercial litigation matters, with particular emphasis representing public companies and their directors and officers in securities class action and derivative litigation in both federal and state courts throughout the United States. He also has significant experience handling matters before the SEC and with internal investigations.
His securities experience involves work for companies in multiple industries throughout the United States including:
Technology Companies
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Defense of director and Vulcan Ventures, Inc. in securities class action and bondholder lawsuit arising out of failure and bankruptcy of a telecommunications company.
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Defense of ECtel Limited, an Israeli-based telecommunications company, and its officers and directors in securities class action litigation arising out of a significant write off of its accounts receivables.
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Defense of Superconductor Technologies, Inc., a Santa Barbara-based high technology company, and its officers and directors in securities class action and derivative litigation arising out of the company’s failure to meet its public projections.
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Defense of former CFO of Blue Coat Systems, Inc. in SEC investigation and various securities cases related to the company’s past practices relating to option grants.
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Defense of former officers of First Virtual Communications, Inc. in securities class actions arising from the company’s financial restatement and subsequent bankruptcy.
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Defense of former director of public company that designs and manufactures telecommunication solutions in various civil securities matters and SEC investigation related to the company’s past practices relating to option grants.
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Representation of Broadcom Corporation as amicus curiae in securities class action before the United States Supreme Court.
Life Sciences Companies
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Defense of Advanced Medical Optics, Inc. and its officers and directors in securities class action litigation arising from its recall of a multipurpose contact lens solution.
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Defense of The Spectranetics Corporation and its officers and directors in securities class action, derivative litigation, and an SEC investigation arising out of allegations, among other things, that the company promoted its products for “off-label” use.
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Defense of director of Cooper Companies, Inc., a contact lens manufacturer, in securities class action and derivative litigation arising out of numerous issues company faced over a two-year period during and following merger with competitor.
Other Companies
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Defense of a former senior executive of a Krispy Kreme, Inc. in various civil securities matters and in SEC and Department of Justice investigations related to the company’s restatement of its financial results.
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Defense of El Paso Electric Company and its officers and directors in securities class action litigation arising from its investigation by the Federal Energy Regulatory Commission.
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Defense of Image Entertainment, Inc. and its directors in securities class action alleging that company followed an unfair process and obtained an unfair price in connection with a merger.
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Defense of a commercial real estate lender in litigation alleging that it violated federal and state securities laws in connection with loans related to a hotel and condominium complex in Hawaii.
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Defense of public restaurant company and its officers and directors in connection with an investigation and litigation relating to its past practices relating to option grants.
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Defense of Steel Dynamics, Inc. in securities fraud lawsuits brought in state and federal courts by investors who purchased high yield bonds issued by a failed steel manufacturing plant in Thailand.
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Defense of Herbalife, Inc. and its controlling shareholder in securities class action alleging breach of fiduciary duty in connection with a management buy-out.
He has also handled other business tort and contract disputes including:
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Prosecution of an arbitration on behalf of the former stockholders of an Israeli-based technology company in a dispute concerning an “earn-out” provision in a merger agreement.
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Defense of a major financial institution in a lawsuit alleging claims for fraud, breach of fiduciary duty, and violation of RICO in connection with the sale of interest rate swaps.
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Prosecution of a lawsuit on behalf of a private California corporation against certain of its shareholders relating to interpretation and application of the corporation’s articles of incorporation and bylaws.
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Prosecution of a number of lawsuits on behalf of the general partners of a facility providing heating and cooling services to office buildings in downtown Los Angeles against certain of the limited partners.
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Defense of El Paso Electric Company in a series of lawsuits alleging violations of the antitrust laws relating to alleged gaming of the California electricity markets in 2000-2001.
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Defense of an Australian high technology company in various business disputes arising from the expansion of its business into the United States.
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Defense of television network against claims seeking half its profits in connection with successful animated series.
Mr. Zelichov is a member of ABA and the Los Angeles Chapter of the Association of Business Trial Lawyers. He has written extensively in the area of securities law, including “Reform Act Under Attack?” published in February 2009 by
Directorship and a Katten Securities Litigation Client Advisory; “Credit Crisis Litigation” published in September 2008 by the Practicing Law Institute; “
Tellabs: The Debate Shifts But Continues” published in Fall 2007 by ABA
Securities Litigation Journal; “
Tellabs: The Debate Over Competing Inferences Will Continue” published in September 2007 by the Practicing Law Institute; “2006 Securities Class Action Perspectives” published in January 2007 by CLE International. In addition, Mr. Zelichov’s September 2007 article for PLI was excerpted in Vol. 5.43 of PLI’s All-Star Briefing.
Mr. Zelichov has also spoken on topics related to securities law, including at Practicing Law Institute’s Securities Litigation & Enforcement Institute 2008 in October 2008;
California Lawyer’s Securities Roundtables in 2008, 2009 and 2010; and BrightTalk’s Securities Litigation Summit.
Mr. Zelichov earned his Bachelor of Arts degree in Economics,
cum laude, from Yale College in 1993 where he was awarded the John J. McGowan Prize for outstanding senior thesis in industrial organization. He earned his Juris Doctor from Columbia University School of Law in 1996 where he was a Harlan Fiske Stone Scholar, a James Kent Scholar and the managing editor of the
Columbia Journal of Law & Social Problems. After law school, Mr. Zelichov served as a judicial clerk for the Honorable Alfred T. Goodwin of the United States Court of Appeals for the Ninth Circuit. Mr. Zelichov is admitted to practice in California and before the United States District Court for the Central and Northern Districts of California, the United States District Court for the District of Colorado, the United States Court of Appeals for the Fourth and Ninth Circuits and the United States Supreme Court.