Mr. Lebovitch heads the firm's corporate governance litigation practice, focusing on derivative suits and transactional litigation. Working with his institutional investor clients, he has helped develop critical new law in the fight to hold management accountable by aggressively pursuing meaningful and novel challenges to alleged corporate governance related misconduct and anti-shareholder practices.
Selected current and past representations include:
Mr. Lebovitch has been at the forefront of challenging the improper but widespread practice of using “Proxy Put” provisions in corporate debt agreements, obtaining pro-shareholder rulings in cases like In re Amylin Shareholders Litigation, In re SandRidge Energy, Inc. Shareholder Litigation, and In re Healthways, Inc. Shareholder Litigation, which have caused the industry to materially change its use of such provisions. He also prosecutes securities litigations, and in that capacity, was the lead litigation attorney in In re Merrill Lynch Bondholders Litigation, which settled for $150 million; and a member of the team prosecuting In re Bank of America Securities Litigation, which settled for $2.425 billion. Currently, he is the lead attorney prosecuting In re Allergan Proxy Securities Litigation.
Mr. Lebovitch has received national recognition for his work in securities and M&A litigation. Named a leading lawyer in M&A litigation by Best Lawyers®, he was recently selected as its 2016 M&A Litigation "Lawyer of the Year" for New York City. He is regularly recognized as one of Lawdragon’s “500 Leading Lawyers in America,” a “Litigation Star” by Benchmark Litigation, a New York Super Lawyer, and as one of an elite group of notable practitioners in the field nationally by Chambers USA and Legal 500. In 2013, Law360 named him as one of its five “Rising Stars” nationally in the area of securities litigation – the only plaintiff-side attorney so selected. In 2012, The Deal magazine prominently profiled Mr. Lebovitch as one of the top three lawyers nationally representing shareholder plaintiffs in M&A litigation in its feature article, “The Troika Atop the M&A Plaintiffs’ Bar.”
A member of the Board of Advisors for the Institute for Law and Economics, Mr. Lebovitch is an author and a frequent speaker and commentator at industry events on a wide range of corporate governance and securities related issues. His publications include "Of Babies and Bathwater: Deterring Frivolous Stockholder Suits Without Closing the Courthouse Doors to Legitimate Claims," “Making Order Out of Chaos: A Proposal To Improve Organization and Coordination in Multi-Jurisdictional Merger-Related Litigation”, “‘Novel Issues’ or a Return to Core Principles? Analyzing the Common Link Between the Delaware Chancery Court’s Recent Rulings in Option Backdating and Transactional Cases” (NYU Journal of Law & Business, Volume 4, Number 2), “Calling a Duck a Duck: Determining the Validity of Deal Protection Provisions in Merger of Equals Transactions” (2001 Columbia Business Law Review 1) and “Practical Refinement” (The Daily Deal, January 2002), each of which discussed evolving developments in the law of directors’ fiduciary duties.
Mr. Lebovitch clerked for Vice Chancellor Stephen P. Lamb on the Court of Chancery of the State of Delaware, and was a litigation associate at Skadden, Arps, Slate, Meagher & Flom in New York, where he represented clients in a variety of corporate governance, commercial and federal securities matters.