Jeff Hoschander

Jeff Hoschander

Partner

Jeff frequently represents corporations, directors, and officers in high-stakes litigation and investigations.

Jeff broadly focuses on complex commercial, life sciences, and shareholder/securities litigation, as well as regulatory enforcement matters and board committee representations related to corporate governance. 

With a distinct perspective attributable to having earned a medical degree, Jeff also advises clients in the pharmaceutical, biotech, and medical device industries on litigation, regulatory, and transaction-related matters.

 

Experience

Representative matters

  • A pharmaceutical company in connection with a data breach class action litigation. 
  • A pharmaceutical company in a securities class action involving allegations of antitrust violations in connection with the marketing of pharmaceuticals.
  • An investment fund in connection with a government investigation related to pharmaceutical companies. 
  • A multinational financial institution in several mortgage-backed securities litigation matters.
  • The underwriters in securities litigation related to the IPO of a bioelectronic medicine company.
  • A company in the cannabis industry in several securities class action and other securities litigation matters.
  • An underwriter in a securities class action arising from an offering by a pharmaceutical company involving allegations regarding disclosures related to clinical trial results. 
  • Underwriters in a securities class action arising from an offering by a biotech company involving allegations of misrepresentations regarding the regulatory approval prospects for a drug candidate.
  • A regional bank in a federal securities fraud class action.
  • Underwriters in a securities class action arising out of an offering by an electronic game company.
  • Directors/officers of a multinational foreign financial institution in connection with a shareholder derivative litigation.
  • Several corporations in various investigations by the U.S. Department of Justice, U.S. Securities Exchange Commission and other government agencies.
  • Major international financial institutions in connection with mortgage-backed securities litigation matters.
  • Securities Industry and Financial Markets Association (SIFMA) as amicus curiae in a securities litigation matter.
  • A multinational foreign corporation in connection with cross-border discovery matters.
  • A multinational foreign financial institution in connection with investigations and settlement of claims regarding cross-border banking/tax issues by the U.S. Department of Justice, U.S. Securities Exchange Commission and U.S. Internal Revenue Service.

Published Work

  • Hoschander, Jeff (2023), Derivative Litigation and Pre-Suit Demands, Securities Litigation: A Practitioner’s Guide (Second Edition), (Practising Law Institute Treatise Chapter)
  • Hoschander, Jeff, (2023) “Delaware Court of Chancery Rejects Stockholder Demand for Corporation to Supplement Its Section 220 Production with Searches and Production of Email”, The M&A Lawyer
  • Hoschander, Jeff, (2023) “Delaware Court of Chancery Holds That Corwin Cleansing Does Not Apply to Claims for Injunctive Relief Related to Alleged Defensive Measures”, The M&A Lawyer
  • Hoschander, Jeff, (2023) “Delaware Court of Chancery Dismisses Breach of Contract Claims Against Buyer, Finding Seller Retained Post-Closing Liability Related to Certain Product-Liability Litigations”, The M&A Lawyer
  • Hoschander, Jeff, (2023) “Delaware Court of Chancery Grants Plaintiff Attorney’s Fees Award Under Corporate Benefit Doctrine for Demand to SPAC Board Leading to Adjusted Voting Structure in Connection with Merger”, The M&A Lawyer
  • Hoschander, Jeff, (2022) “Delaware Court of Chancery Finds Personal Jurisdiction Over LLC “Acting Manager” in Post-Closing Investor Action Challenging Merger with SPAC”, The M&A Lawyer
  • Hoschander, Jeff, (2022) “Delaware Supreme Court Reverses Dismissal of a Post-Merger Suit for Alleged Breach of Fiduciary Duty Related to Disclosures on Appraisal Rights”, The M&A Lawyer
  • Hoschander, Jeff, (2022) “Finding That Allegedly Conflicted Acquisition Satisfied Entire Fairness Review, Delaware Court of Chancery Rejects Breach of Fiduciary Duty Claims”, The M&A Lawyer
  • Hoschander, Jeff, (2022) “Eighth Circuit Affirms Dismissal of Merger-Related Derivative Suit for Failure to Plead Demand Excusal”, The M&A Lawyer
  • Hoschander, Jeff, (2022) “Delaware Court of Chancery Rejects Motion to Stay SPAC Breach of Fiduciary Duty Suit Pending Parallel Federal Securities Action”, The M&A Lawyer
  • Hoschander, Jeff, (2021) “Delaware Supreme Court Overrules Gentile Carve-out, Holding an Improper Transfer of Economic Value & Voting Power to a Controlling Stockholder Through an Equity Overpayment is a Derivative Claim”, Thomson Reuters
  • Hoschander, Jeff, (2014) “New York Appellate Court Holds That Claims for Breach of RMBS Representations and Warranties Accrue on Issuance”, Bank and Corporate Governance Law Reporter Interim Report
  • Hoschander, Jeff, (2013) “Supreme Court Rules that Class Was Not Properly Certified Because Plaintiffs Did Not Establish that Damages Could Be Measured on a Class-wide Basis”, Securities Reform Act Litigation Reporter, Vol. 35 Nos. 1 & 2

Awards

  • “Future Star”, Benchmark Litigation, 2020-2024

Qualifications

Admissions

New York, 2007

Courts

United States Court of Appeals for the Second Circuit, 2018
United States Court of Appeals for the Third Circuit, 2023
United States Court of Appeals for the Ninth Circuit, 2019
United States District Court for the Southern District of New York, 2009
United States District Court for the Eastern District of New York, 2009
United States District Court for the Eastern District of Michigan, 2023

Academic

B.A., Yeshiva University, 1999
J.D., New York University, 2006
M.D., Yale University, 2006
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.