Nick Even

Practices

Education and Clerkships

J.D., Harvard Law School, 1987

B.A., Cornell College, 1984, magna cum laude

Bar Admissions

New York

Texas

Court Admissions

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court for the Southern District of Texas

U.S. District Court for the Northern District of Texas

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Western District of Texas

Profile

Nick Even chairs Haynes and Boone’s Securities Class Action and Shareholder Litigation Practice. From the Time-Warner-Paramount merger contest litigation in the late 1980s, to the trial and appeal of the first case involving a triggered poison pill in 2009, Nick has more than 25 years of experience in cutting-edge securities litigation and complex business disputes.

Nick began his legal career at Simpson Thacher & Bartlett in New York City where his practice became focused largely on securities and shareholder litigation. In New York and Delaware, he participated in the defense of numerous disclosure-fraud class action suits and several landmark hostile takeover battles. Since joining Haynes and Boone in 1999, Nick has secured victories for public companies, directors, officers, investment banks, underwriters, major/controlling shareholders, brokers and other defendants in the United States Court of Appeals for the 5th Circuit, the Texas Supreme Court, and federal and state trial courts. He has achieved dismissals in numerous shareholder cases, successfully argued against class certification, and defeated injunction attempts in merger and acquisition suits.

In many instances, Nick represents parties confronted with parallel proceedings in multiple jurisdictions. He has litigated in federal and state courts in Texas, New York, Delaware, New Jersey, Maryland, Florida, Louisiana, Oklahoma, Colorado, Utah, Nevada, and California. Nick has applied the skills and strategies developed in shareholder litigation to the defense of other types of cases, including fiduciary litigation and non-securities class actions.

From 2013-2014, Nick served as the senior securities litigation member of the firm’s team representing the board of directors of AT&T, Inc. in shareholder derivative litigation, including the dismissal of a suit filed in Dallas County Court at Law. In the 5th Circuit, he argued and won an affirmance of the dismissal of minority shareholder oppression claims under Delaware law arising from alleged improper equity dilution by a board and alleged controlling shareholders. In two separate merger cases, Nick represented special litigation committees of public company boards and defeated attempts to enjoin their announced strategic transactions (Hastings Entertainment, Inc. and Frozen Food Express Industries, Inc.).

Nick is AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory, and recognized as a Top Rated Lawyer in Securities Law by American Lawyer Media and Martindale Hubbell, 2013. In the community, he serves as Vice President of the Board of Directors of The Dallas Opera, and as a Trustee of The Dallas Opera Foundation. He previously served six years as a Director and Officer of TACA (The Arts Community Alliance), and is a past President of the WaterTower Theatre Board of Directors. In October 2014, Nick was awarded the Leadership and Service Award by his alma mater, Cornell College, in recognition of his legal achievements and his volunteerism in the arts.

Selected Client Representations

Year in Review

Year in Review

Our annual Year in Review comments on significant securities-related decisions by the Supreme Court, federal appellate courts and district courts, notes key developments in SEC enforcement, and summarizes significant rulings in state law fiduciary litigation against directors and officers of public companies.

Year in Review

2014 YEAR IN REVIEW – CLASS ACTION LITIGATION

The inaugural Class Action Litigation Year in Review focuses on key federal court decisions issued this year on class action issues. It does not attempt to catalogue every case, but rather, the focus is on a big picture overview of key cases and trends on issues that cut across all types of class actions.

Leadership

Nick Even

Nicholas Even Recognized by Cornell College for Leadership and Service

Haynes and Boone, LLP Partner Nicholas Even has been selected as a recipient of Cornell College’s Leadership and Service Award, recognizing him among three Cornell alumni who have demonstrated outstanding leadership in their careers..

Omnicare

Supreme Court Sets Liability Tests for Issuers Statements of Opinion in Public Offerings

On Tuesday, March 24, 2015, the Supreme Court issued its decision in Omnicare Inc. v. Laborers District Council Construction Industry Pension Fund, 575 U.S. __ (2015). The ruling identifies two avenues by which a company’s statements of opinion in registration statements for initial public offerings can lead to liability under Section 11 of the Securities Act of 1933. First, an issuer can be liable for statements of opinion that are not genuinely believed or contain embedded statements of untrue facts. Second, an issuer can be liable if a registration statement omits specific material facts concerning a proffered opinion, as determined by the statement’s context and the foundation a reasonable investor would expect an issuer to have for forming that opinion...

News and Publications

Professional and Community Activities

  • Lambda Legal
  • Human Rights Campaign
  • American Red Cross
  • State Bar of Texas 
  • New York State Bar 
  • American Bar Association 
  • Dallas Bar Association
  • The Dallas Opera (Vice President – Nominating, 2014; Director, 2011-present; Trustee, 2009-2010)
  • The Dallas Opera Foundation (Trustee, 2013-present)
  • TACA -The Arts Community Alliance (Director, 2009-present; Grants Chair, 2011-2012; Secretary, 2012)
  • WaterTower Theatre (President, 2007-2008; Vice President, 2006-2007; Secretary, 2005-2006; Development Chair, 2005-2008)

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