365da9580d36423a8e9d608a651535d0_Photo

Practices

Education and Clerkships

J.D., Northwestern University School of Law, 2010, cum laude; Order of the Coif; Northwestern University Law Review, Senior Articles Editor

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, 2010

Profile

Whether representing international corporations, financial institutions, or boards of directors, Richard Guiltinan uses an analytical approach to solve complex problems facing his clients.

Richard focuses his practice on class actions and shareholder litigation, although he has also represented clients in antitrust, white collar, and complex commercial disputes.  His accomplishments include helping the National Football League defeat class certification in litigation related to Super Bowl XLV; successfully defending a shareholder derivative challenge seeking a preliminary injunction against an all-cash merger involving a national retail chain headquartered in Texas; and resolving a shareholder class action in which a Texas state court approved a non-monetary settlement agreement and awarded zero attorneys’ fees to plaintiffs who challenged a merger of two financial institutions.  Richard’s experience also includes helping special litigation committees formulate and conduct independent investigations in response to shareholder demand letters.  In one of his recent criminal defense representations, Richard negotiated a single misdemeanor plea agreement for a defendant facing multiple felony charges in the Northern District of Texas.  

In addition to his litigation experience, Richard has helped clients respond to investigations and subpoenas from a broad array of federal and state agencies, such as the Department of Justice, the Securities and Exchange Commission, the FBI, and the Office of the Texas Attorney General.  Richard understands that such matters are particularly sensitive for his clients, and he focuses on resolving such matters quickly and expeditiously, while trying to minimize any disruption on his clients’ business, operations, and public relations.  

Richard is a member of the Dallas Bar Association and has spoken about developments in securities litigation.  He recently co-authored an article in the Securities Regulation Law Journal about the impact of the Supreme Court’s Halliburton II decision on the fraud-on-the-market presumption in securities fraud class actions.  Richard is also committed to pro bono initiatives, such as representing clients seeking name changes in Texas family court.

Representative Matters

  • 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.

Selected Client 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.

Court and Bar Admissions

  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Northern District of Texas, 2010


  • Bar Admissions: Texas, 2010

Email Disclaimer