Charles E. Elder

Legal Assistant
Cindy Alexander
P: 615.252.3547
Representative Experience
  • Securities/Shareholder Litigation
    • Represented PDC Energy and its directors and officers in class and derivative actions arising from its sponsorship and management of oil and gas limited partnerships. The case settled on terms highly favorable to the clients after a dismissal of the key fiduciary duty claims in the case was secured.

      Won a judgment of dismissal in a federal securities class action brought against a well-known, publicly traded electric car company, challenging its statements regarding the safety of its flagship performance electric sedan. The court held that the company’s statements about the car’s safety were neither false nor misleading. Obtained a unanimous affirmance of the dismissal by the Court of Appeals.

      Won a judgment of dismissal in a federal securities class action against a publicly traded agricultural and food packaging company in which the court rejected the plaintiffs' claims that the company intentionally applied the wrong accounting treatment to an earnout provision in a merger agreement. The dismissal was affirmed by the Court of Appeals.

      Successfully represented the former chairman and CEO of a well-known mortgage lending company in several different matters — including a civil suit brought by the U.S. Securities and Exchange Commission, shareholder class actions and consumer lawsuits —arising from the well-publicized disruption of the mortgage banking industry. Served as a lead member of the team that successfully obtained the settlement of all claims against the client in the shareholder class actions without any personal contribution and the settlement of the SEC's lawsuit on terms widely lauded by the media as favorable to the client. 

      Represented the officers and directors of a prominent hotel chain in a securities class action arising from a major construction project in Las Vegas. Obtained a settlement of all claims without any personal contribution by the clients.

  • Antitrust Litigation
    • Lead antitrust counsel for a global leader in the development and licensing of semiconductor packaging technology in an antitrust and patent lawsuit filed against two major memory chip manufacturers. Defeated summary judgment motions aimed at the antitrust claims, and subsequently the defendants agreed to settle the case by paying a substantial upfront amount plus ongoing royalties.

      Represented a fast-growing provider of construction project data in an antitrust lawsuit filed by its largest competitor.

      Represented an internet-related company in connection with an investigation by the Antitrust Division of the U.S. Department of Justice. Persuaded the government to drop the investigation with no action.

      Represented one of nation's largest video game companies in a successful defense of antitrust and commercial bribery claims brought by an intellectual property licensor under the Sherman Act and Robinson-Patman Act.

      Represented a leading manufacturer of carbon fiber in antitrust class actions and government investigations regarding allegations that several manufacturers agreed to fix the price of carbon fiber.

      Represented a major record company in various antitrust actions based on price-fixing and “payola” allegations.

      Provide antitrust counseling to a range of clients in many different circumstances, including advice regarding mergers and acquisitions, marketing strategies, pricing and advertising policies, intellectual property disputes and settlements, non-compete agreements and other employment restrictions. 

  • Entertainment
    • Represented a major video game publisher in a series of lawsuits involving its joint venture partner. Won final judgment in the client’s favor in all matters, including in a case alleging fraud and mismanagement, in which the trial court found that the testimony of the opposing party’s key expert witness "disintegrated" upon cross-examination at trial.

      Represented the heads of a prominent mobile game developer in a dispute with a major game publisher involving failure to pay an earnout following a merger. Positioned the case such that an eight-figure settlement was recovered for the clients. 

      Represented one of the major music companies in disputes with label partners and artists.

  • Other
    • Won summary judgment on behalf of a Silicon Valley venture capital firm. The defendants sued the client, alleging fraud. Devised a strategy in which a counter-claim against the defendant was presented and moved for an early summary judgment. The court granted the motion and entered judgment for the client on all claims, and then awarded the client a substantial portion of its attorney fees.

      Represented several prominent private equity and venture capital firms in various disputes, including disputes with buyers, sellers and co-investors. 

      Represented the founder of a start-up company in disputes regarding a merger of that company.