Gregory E. Del Gaizo
PARTNER
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Practice Areas

  • Shareholder Rights & Fiduciary Duty Litigation
    • Shareholder Derivative Actions
    • Corporate Mergers & Acquisitions
  • Securities Fraud Class Actions
  • Consumer Class Actions
  • Antitrust Class Actions
  • ERISA Litigation

Education

  • University of San Diego School of Law (J.D. 2006)
  • Providence College (B.A. 2003)

Bar Admissions

  • California

Court Admissions

  • U.S. District Courts for the Central and Southern Districts of California
  • U.S. District for the District of Colorado

Affiliations

  • San Diego County Bar Association

Honors

  • Legal 500 Recommended Attorneys, M&A Litigation (2016)
  • Super Lawyer Rising Star (2015, 2016)
  • Young Attorneys Finalist, The Daily Transcript (2013)

Speaking Engagements

  • "4th Annual Corporate Law CLE Symposium: The Future of Shareholder Litigation" at Gonzaga University School of Law (2014)
  • "Shareholder Rights: An Idea Whose Time Has Come" at Gonzaga University School of Law (2013)

Publications

  • Brian J. Robbins and Gregory E. Del Gaizo, Can Disney Defuse Earth's Mightiest Comic Book Conflict?, Law360, May 3, 2012
  • Brian J. Robbins and Gregory E. Del Gaizo, State Law Insider Trading Claims See New Light, The Recorder, July 1, 2011
  • Brian J. Robbins and Gregory E. Del Gaizo, Directors and Officers Can't Hide in Del., Securities Law360, January 14, 2011
  • Brian J. Robbins and Gregory E. Del Gaizo, Companies Seeking Control of Forum in Derivative Actions, Delaware Law Weekly, January 4, 2011
  • Brian J. Robbins and Gregory E. Del Gaizo, Clearing the Path for Double Derivative Suits, The Recorder, November 1, 2010
  • Brian J. Robbins and Gregory E. Del Gaizo, Control of Forum in Derivative Actions, The Recorder, December 10, 2010

Bio

Gregory E. Del Gaizo leads Robbins Arroyo LLP’s new matters practice group, initiating and overseeing pre-litigation investigations and analysis for new cases at the firm. In this role, Mr. Del Gaizo remains at the forefront of litigation trends and identifies innovative case theories and strategy. Mr. Del Gaizo has prosecuted shareholder litigation that recouped over one hundred million dollars and secured extensive corporate governance reforms and other pro-investor measures at companies in which his clients invest.

A leader in the legal community, Mr. Del Gaizo has been recognized as a Rising Star by Super Lawyers and a top Young Attorney by The Daily Transcript. He has authored several articles on securities litigation and has spoken to audiences about shareholder rights.

Mr. Del Gaizo earned his Juris Doctor from University of San Diego School of Law, where he was a research assistant for Professor Frank Partnoy, the director of the Center for Corporate and Securities Law at the University of San Diego. Mr. Del Gaizo graduated cum laude from Providence College with a Bachelor of Arts in Political Science.

Selected Noteworthy Cases

Toll Brothers Inc.
Mr. Del Gaizo led Robbins Arroyo LLP's discovery efforts in litigation on behalf of luxury homebuilder Toll Brothers, Inc. in which plaintiffs alleged that certain company officers and directors, including the co-founders, traded on inside information and grossly misled investors about company projections during a housing market downturn. After four years of contentious litigation, the firm secured a settlement that resulted in a $16.25 million settlement, one of the largest Brophy (Brophyv. Cities Serv. Co., 70 A.2d 5 (Del. Ch. 1949)) recoveries ever. Pfeiffer v. Toll, No. 4140-VCL, slip op. (Del. Ch. Mar. 15, 2013).

Vitacost.com, Inc.
Mr. Del Gaizo played a leading role in a shareholder derivative action involving Vitacost.com that helped save the $158 million market cap company from bankruptcy and preserved the equity interests of its shareholders. With Mr. Del Gaizo's help, Robbins Arroyo LLP achieved a settlement that enabled the company to bring its financial statement and SEC filings current; allowed Vitacost to hold a long overdue shareholder meeting to address fundamental defects in the corporation's formation, board composition, and past stock issuances; and helped the company to persuade NASDAQ to lift its trading moratorium and provide the company and its shareholders access to the capital markets. Kloss v. Kerker, No. 50-2010-CA-018594-XXXX-MB (Fla. Cir. Ct.-Palm Beach Cnty. May 27, 2011)

KB Home
Mr. Del Gaizo was a member of the litigation team that represented plaintiffs who alleged that insiders of KB Homes, Inc. manipulated their stock option grant dates to misappropriate millions of dollars in illicit compensation. Mr. Del Gaizo's efforts helped return nearly $50 in value to the company, including a cash payment of over $31 million, and caused KB Home to implement extensive corporate governance enhancements for the company. In re KB Home Shareholder Derivative Litigation, CV 2:06-5148-FMC (CTx) (C.D. Cal Feb 9, 2009).

Cardinal Health, Inc.
Mr. Del Gaizo was a member of the litigation team that led the charge on behalf of the plaintiff who challenged Cardinal Health's proposed stock-for-stock acquisition of Syncor International Corp. During the course of the litigation, which forced Cardinal Health to reduce the previously negotiated acquisition price for Syncor – saving the company millions of dollars – plaintiffs' attorneys discovered that Cardinal Health insiders had engaged in a massive revenue inflation scheme to fraudulently overstate the company's financial performance. After protracted litigation, the firm secured a payment of $70 million to the company, one of the largest shareholder derivative monetary recoveries in history, and required Cardinal Health's board of directors to implement significant corporate governance and internal account controls to improve oversight and prevent recurrence of the alleged accounting manipulations. In re Cardinal Health Derivative Litigation, No. 02-CVG-11-639 (Ohio Ct. C.P.-Del. County Dec. 17, 2007).

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