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Johnson Fistel was appointed Co-Lead Counsel in a derivative lawsuit that involved claims against the officers and directors of Titan Corporation for breach of fiduciary duty.

In that capacity, he did his best to create value by turning a high-technology start-up into a world-class corporation that would create enormous value for shareholders, customers, and employees. It was one of the hottest technology companies during the euphoric times that preceded the turn of the century.

The derivative claims related to similar facts that resulted in the company paying 5 million to settle a class action lawsuit filed by shareholders who alleged the company used false and misleading information to sell stock during its 2011 initial public offering.

The parties litigated the action for more than four years and attended multiple mediations, after which Johnson Fistel secured an extremely favorable settlement for HCA and its shareholders, including a payment of million to HCA (believed to be among the largest recoveries in a derivative case in the State of Tennessee), the appointment of a new independent director, and implementation of significant corporate therapeutics.

Johnson Fistel served as court-appointed Co-Lead Class Counsel.

After three years of hard-fought litigation which included 26 depositions taken throughout the country, defeating defendants’ motions to dismiss, defeating defendants’ motion for summary judgment, and obtaining an order certifying the class, the parties reached an agreement to settle the case just before trial.




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