In the News

Haynes and Boone in the Texas Lawyer: $21.4 Million Merger Completed After Motion for Preliminary Injunction Denied

After a federal judge denied a motion for a preliminary injunction that would have halted its merger, Hastings Entertainment of Amarillo completed a merger with Draw Another Circle in a deal valued at $21.4 million. >>



Recent Publications

Halliburton II: Supreme Court Holds that Fraud-on-the-Market Theory Survives but Defendants May Rebut Presumption at Class Certification

The Supreme Court issued a decision yesterday in the closely watched case of Halliburton Co. v. Erica P. John Fund, Inc., 573 U.S. ___ (2014) (Halliburton II). >>

Securities Litigation Year in Review 2013

The Haynes and Boone Securities Litigation Year in Review 2013 outlines recent (and upcoming) Supreme Court decisions as well as notable rulings from federal courts of appeal and district courts in the past year that affect private securities litigation, including the areas of class certification, loss causation, scienter, duty to disclose, pleading falsity, preemption, standing and statutes of limitations. The Review also discusses government enforcement cases and trends, and key state law rulings in shareholder derivative and fiduciary litigation. >>



Richard Guiltinan

Associate

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5228
F +1 214.200.0576

Areas of Practice

Education

  • J.D., Northwestern University School of Law, 2010, cum laude
  • B.A., Applied Mathematics, Yale University, 2004,
  • B.A., International Studies, Yale University, 2004, with distinction

Bar Admissions

  • Texas, 2010

Court Admissions

  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Northern District of Texas
Richard Guiltinan

Richard Guiltinan is an associate in the Securities Class Action Defense and Shareholder Litigation Practice Group in the Dallas office of Haynes and Boone, LLP. Richard’s practice focuses on government and internal investigations in securities and antitrust cases, and he has assisted clients in responding to subpoenas and civil investigative demands from both federal and state agencies. Richard’s litigation experience includes class actions, shareholder litigation and derivative suits, and other complex commercial matters.

Selected Representations

  • Representation of a leading financial services provider in an investigation by the U.S. Department of Justice’s Antitrust Division into alleged antitrust violations in the municipal finance industry.
  • Assisted in obtaining summary judgment dismissal of contract and tort claims against executive of international financial services firm related to alleged $100 million business agreement; case currently on appeal before Fifth Circuit.
  • Assisted with defense of SEC investigation of accounting treatment related to non-recurring revenue transactions, disclosures, and financial statements of Fortune 200 company.
  • Assisted in defending broker-dealer regarding SEC investigation of offering disclosures related to real estate tenant-in-common (TIC) programs; investigation closed without action.
  • Representation of AT&T before the DOJ and FCC on antitrust matters related to proposed acquisition of T-Mobile USA, including pre-merger integration counseling and planning.

Richard attended Northwestern University School of Law and graduated as a member of the Order of the Coif. He served as a Senior Articles Editor on the Northwestern University Law Review.

Selected Representative Experience


FirstCity Financial Corporation Merger Litigation
Represented acquired entity, FirstCity Financial Corporation and its board of directors in connection with two shareholder class actions (filed in Texas and Delaware) alleging breaches of fiduciary duty in connection with the board’s approval of an acquisition of the company by Värde Partners, Inc.

Antitrust Counseling in Proposed Telecommunications Acquisition
Represented AT&T before the DOJ and FCC on antitrust matters related to proposed acquisition of T-Mobile USA, including pre-merger integration counseling and planning.

Online Publications

06/25/2014 - Halliburton II: Supreme Court Holds that Fraud-on-the-Market Theory Survives but Defendants May Rebut Presumption at Class Certification
The Supreme Court issued a decision yesterday in the closely watched case of Halliburton Co. v. Erica P. John Fund, Inc., 573 U.S. ___ (2014) (Halliburton II).

04/01/2013 - Comcast Corp. v. Behrend: Supreme Court Rejects Expert Damages Model as Insufficient for Class Certification in Antitrust Class Action
On Wednesday, the Supreme Court held in a 5-4 opinion in Comcast Corp. v. Behrend, 569 U.S. ___ (2013), that a party seeking to maintain a class action must satisfy Rule 23’s requirements through evidentiary proof, even where such analysis may overlap with the merits of the underlying claim.

03/04/2013 - Amgen Inc. v. Connecticut Retirement Plans & Trust Funds: Supreme Court Rejects Proof of Materiality at the Class Certification Stage
On February 27, 2013, the Supreme Court held in a 6-3 opinion in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. ___ (2013), that securities fraud class action plaintiffs need not prove materiality at the class certification stage to invoke the fraud-on-the-market presumption of class-wide reliance.

08/14/2012 - Rosado v. China North East Petroleum Holdings Ltd.: Second Circuit Holds Stock Price Recovery after Alleged Fraud Does Not Bar Securities Suit
In a recent decision, the Second Circuit Court of Appeals considered the issue of stock price rebounds in reviving a securities fraud class action suit that had been dismissed by the district court for failure to adequately allege an economic loss as a matter of law.

08/02/2012 - Law360 Guest Article: Case Study: Hubbard V. BankAtlantic
On July 23, the Eleventh Circuit Court of Appeals rejected an expert witness’s event study as insufficient to demonstrate loss causation at trial in a securities fraud class action. In Hubbard v. BankAtlantic Bancorp Inc., No. 11-12410 (11th Cir. July 23, 2012), the court affirmed the trial court’s decision in favor of the defendants because the plaintiffs’ expert testimony did not sufficiently isolate the effects of the alleged fraud on the company’s stock price.

07/27/2012 - Hubbard v. BankAtlantic Bancorp, Inc.: Eleventh Circuit Rejects Event Study as Insufficient to Isolate Effects of Alleged Fraud on Company’s Stock Price
This week, the Eleventh Circuit Court of Appeals rejected an expert witness’ event study as insufficient to demonstrate loss causation at trial in a securities fraud class action.

06/21/2011 - A Tale of Two Class Actions: U.S Supreme Court Ruling Allows State Litigation to Proceed Despite Federal Injunction
On June 16, 2011, the Supreme Court issued an opinion in Smith v. Bayer allowing a plaintiff to pursue class certification in a state court action after a federal court had denied certification in a substantially similar case.

05/05/2011 - Joint Ventures and Competitor Collaborations: A General Overview
You have just been hired as the general counsel for a global energy company with integrated upstream and downstream operations throughout the world.

03/24/2011 - Matrixx Initiatives, Inc. v. Siracusano: Supreme Court Rejects Bright-Line Materiality Standard
In a unanimous opinion issued this week, Matrixx Initiatives, Inc. v. Siracusano, 563 U.S. __ (2011), the Supreme Court declined to adopt a proposed bright-line rule for materiality and reaffirmed the Basic “total mix” test.

03/03/2011 - SEC Enforcement: Spotlighting Outside Directors
In an action filed this week, the Securities and Exchange Commission (SEC) charged three outside directors of a public company with securities fraud based on their alleged failures to fulfill their roles and responsibilities as Board members. The SEC contends that by their actions and inaction, the outside directors – Jerome Krantz, Cary Chasin, and Gary Nadelman – facilitated and assisted in a massive accounting fraud at DHB Industries, Inc., a body armor supply company.