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Agnès Dunogué

Partner

Agnès is Co-Head of US Securities & Shareholder Litigation. She focuses on securities litigation, as well as complex commercial litigation and appellate litigation, and investigations.

Agnès has represented investment banks, other companies, and directors and officers in numerous securities matters in state and federal courts. She has represented companies in investigations by DOJ, the SEC, the CFTC, bank regulatory, state regulatory, FINRA, and other authorities. Her practice also includes representing clients in antitrust litigation and advising clients in the context of mergers and acquisitions.

Agnès is a former law clerk to Judge Robert D. Sack, on the U.S. Court of Appeals for the Second Circuit, and Judge Kimba M. Wood, on the U.S. District Court for the Southern District of New York.

Expertise

Industries

Experience

Representative matters

  • Uber Technologies in consolidated putative securities class action in connection with initial public offering, asserting claims under the Securities Act.
  • Underwriter syndicates including, variously, J.P. Morgan, Citigroup, Barclays, Citigroup, Credit Suisse, Goldman Sachs, Morgan Stanley, and other global banks, in securities class actions on behalf of investors in companies such as Benefitfocus, AMC, Evoqua, Mesa Air, CPI Card Group, Sprouts, Endocyte Pharmaceuticals, Nationstar, Biozoom and others.
  • BNP Paribas in putative class actions under antitrust laws in connection with U.S. Treasury securities and Government-Sponsored Entities (GSE) bonds.  
  • Paramount Global in putative securities class action in connection with a public offering.
  • PayPal Holdings in consolidated putative securities class action alleging claims under the Securities Exchange Act.
  • Major global banks in investigations by numerous authorities related to subjects such as securities, antitrust/price fixing, market manipulation, and compliance and controls. 
  • Barclays in securities litigations in connection with residential mortgage-backed securities.
  • Nomura in numerous RMBS loan repurchase litigations.
  • GE in adversary proceeding in connection with Chapter 11 proceeding of offshore drilling company.
  • Former CFO of brand management company in connection with securities class action and derivative actions.
  • Major financial institution in securities litigation relating to high-frequency trading and dark pools.
  • Major financial institutions in Delaware Chancery Court and other state court litigations relating to change-of-control rights.
  • Natixis in appeal to Second Circuit related to Nigerian oil warrants.
  • Global bank in connection with several cross-border transactions.
  • Barclays Capital in litigation over Archstone Holdings, Inc., including an expedited trial resulting in the court finding for Barclays on all issues.
  • Telecommunications company in a putative class action brought in connection with the company’s initial public offering, for alleged breaches of Section 11 of the Securities Act of 1933.
  • Companies and directors and officers in connection with shareholder litigations related to mergers and acquisitions, brought in several states.
  • CDO manager in appeal to the Second Circuit in a securities fraud lawsuit.
  • Prominent private equity investment group in connection with an international acquisition.
  • DIRECTV and DISH in petition for certiorari to United States Supreme Court in litigation involving Commerce Clause.
  • Officers and members of real estate partnership in appeal to Second Circuit involving dispute with former partner.
  • Daughter of fashion designer Oleg Cassini in appeal to New York Appellate Division involving a dispute regarding his estate.

Pro bono

  • Agnès filed an amicus brief on behalf of the Service Women’s Action Network (SWAN) and a number of individual retired or former military officers in support of petitioners in a case before the United States Supreme Court, Whole Women’s Health v. Hellerstedt.
  • Agnès also filed an amicus brief on behalf of the National Women’s Law Center and 72 additional organizations in Dobbs v. Jackson Women’s Health Organization, before the Supreme Court.
  • Among other engagements, Agnès also represented a pro bono client in an appeal to the New York Supreme Court, Appellate Division, of a Family Court decision, obtaining a unanimous reversal of the order that had been entered against her client; the appellate decision was reported in the New York Law Journal.

Recognition

A wonderful lawyer, very talented and very practical, terrific, an excellent securities litigator who is great to deal with, very smart, very poised and always has good ideas, savvy and on top of the issues, and has a really strong practice
Chambers USA
A rare class of master securities and appellate litigators” and notes that she is “an integral member of the firm’s potent legal team
Benchmark Litigation

Awards

  • Ranked in Chambers USA in Securities Litigation, 2020 – 2024
  • Recognized as a “Next Generation Partner” in The Legal 500 in Securities Litigation Defense, 2017 – 2024
  • Recognized as a “Rising Star” in Securities by Law360, 2016
  • Recognized in Benchmark Litigation’s inaugural “Under 40 Hot List”, 2016
  • Recognized in Benchmark Litigation as a “Future Star” in 2019, and a “Litigation Star”, 2020 – 2023
  • Recognized in Benchmark Litigation’s “Top 250 Women in Litigation” guide, 2021 - 2024

Qualifications

Admissions

New York, 2005

Courts

United States Supreme Court, 2016

United States Court of Appeals for the Second Circuit, 2010

United States Court of Appeals for the Seventh Circuit, 2016

United States Court of Appeals for the Ninth Circuit, 2012

United States District Court for the Southern District of New York, 2006

United States District Court for the Eastern District of New York, 2006

Academic

Bachelor of Arts, summa cum laude, Harvard University, 1998

J.D., Yale University, 2004

Languages

French
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.