Phone:	212 295 2709
Fax:	212 376 6080
Email:	kmurray@hballp.com
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Kenneth Murray

Kenneth Murray is a Partner at HBA, specializing in business and securities litigation. Mr. Murray represents parties in federal and state courts, mediations, arbitrations, and regulatory investigations and proceedings. Throughout his career, Mr. Murray has represented both companies and individuals in securities litigations, shareholder litigations, and other complex business litigations. Mr. Murray also serves as outside general counsel for private companies.

Mr. Murray began his career in the New York office of Weil, Gotshal and Manges, where he spent over five years working in the firm’s Business and Securities Litigation Department. Prior to joining HBA, Mr. Murray worked in the New York office of Wilson Sonsini Goodrich & Rosati where he focused on the areas of litigation and corporate governance, and served on the firm’s Electronic Discovery Best Practices Committee and the Client Alert Committee which focused on developments in corporate securities laws.

Education

NYU School of Law, J.D., 2000

SUNY Albany, B.A. (Summa Cum Laude, Phi Beta Kappa), 1997

Representative Litigations

In re Exxon Mobil Securities Litigation (Represented Exxon and Lee Raymond regarding claims under Sections 10(b), 14(a) and 20 of the Securities Exchange Act of 1934)

In re Alstom SA Securities Litigation (Represented underwriters of secondary offering regarding claims under Sections 11 and 12 of the Securities Act of 1933)

In re Xinhua Finance Media Securities Litigation (Represented Xinhua and certain officers and directors regarding claims under Sections 11 and 12 of the Securities Act of 1933)

Fidel v. AK Steel Holding Corp. (Represented AK Steel and certain officers and directors regarding Sections 10(b), 14(e), and 20 of the Securities Exchange Act of 1934)

In re NorthWestern Corp. Securities Litigation (Represented underwriters of multiple offerings regarding claims under Sections 11 and 12 of the Securities Act of 1933; also represented underwriters in connection with issuer’s bankruptcy proceedings)

In re M.H. Meyerson & Co. Securities Litigation (Represented M.H. Meyerson and certain officers and directors regarding claims under Sections 10(b) and 20 of the Securities Exchange Act of 1934)

Strigliabotti v. Franklin Resources (Represented Franklin Resources and certain of its subsidiaries and affiliates regarding claims under Section 36(b) of the Investment Company Act of 1940)

In re Matrologic Instruments Inc. Shareholder Litigation (Represented Francisco Partners in Connection with going-private transaction)

In re Aeroflex, Inc. Shareholder Litigation (Represented Francisco Partners in fonnetion with going-private transaction)

In re Taro Pharmaceuticals, Inc. Shareholder Litigation (Represented Taro and certain officers and directors regarding allegations of breaches of fiduciary duty)

Excel Technology Inc., Shareholder Litigation (Represented Excel and certain officers and directors in connection with sale of company)

In re MediaQuist, Inc. Shareholder Litigation (Represented independent director/special committee member in connection sale of company)

In re Acxiom Corp. Shareholder Litigation (Represented Acxiom and certain officers and directors in connection with going-private transaction that did not close)

In re 3COM Corp. Shareholders Litigation (Represented 3COM and certain officers and directors in connection with going-private transaction that did not close)

Pirelli North America (Represented Pirelli in two litigations with insurance companies concerning coverage of losses stemming from insured receivables)

Official Committee of Unsecured Creditors in Iridium LLC Bankruptcy (member of litigation team that brought multiple claims against Motorola (Iridium parent) in connection with Iridium bankruptcy)

Providence Equity Partners (member of defense team regarding claims arising out of sale of company to fellow private equity firm)

Enron (successfully opposed motion in limine filed by objectors to reorganization plan)

WatchMark Corp. (member of defense team in appraisal action)

TD Ameritrade, Inc. (member of litigation team regarding multiple lawsuits concerning investments in The Reserve’s funds)

Concept One (member of litigation team regarding claims arising out of purchase of competitor and related manufacturing agreement)

Government Investigations

Accounting Firm (represented accounting firm in connection with SEC, DOJ, OSC, RCMP and Audit Committee investigations in connection with multiple restatements of issuer’s financial statements)

Banks (represented banks in connection with SEC investigations concerning potential analysts’ conflicts of interests, failed hedge fund, and issuer that filed for bankruptcy shortly after public offering)

Issuers and Individuals (represented issuers and individuals in connection with SEC investigations concerning purported bill and hold transactions, purported insider trading transactions, bank officer trading ahead of PIPE transaction, and various accounting issues)

Publications

Co-author with David J. Berger and Elizabeth Saunders, Delaware Chancery Court Upholds Adoption and Use of Poison Pill Triggered by Competitor’s Acquisition of Stock, Client Alert, March 5,2010

Co- author with David J. Berger, Corporate Governance Litigation in An Age of Stockholder Activism, NYU Journal of Law & Business, Spring 2009

Co- author with David J. Berger, Federal Court Allows Activist Stockholders to Vote Shares at Annual Meeting despite Failure to Comply with Disclosure Obligations of Federal Securities Laws, Client Alert, June 19, 2008

Co-author with David J. Berger, Delaware Chancery Court Allows Activist Stockholder to Nominate Director Candidates without Complying with Advance-Notice Provision of Bylaws, Client Alert, April 16, 2008

Co-author with David J. Berger, Delware Chancery Court issues a Trio of Opinions Reminding Boards and Corporate Counsel to Carefully Review Corporate Contracts and Documents, Client Alert, April 9, 2008