Terence M. Mullen Tel: (561) 293-2530 Email: Terence@AthertonLG.com

Terence (Terry) Mullen concentrates his practice in the areas of complex commercial litigation, securities fraud cases, and professional liability lawsuits. Terry's securities litigation practice has involved high-stakes hedge fund litigation in the United States, Europe and the Caribbean, including consolidated class action litigation, derivative litigation, hedge fund liquidation proceedings, and claw-back proceedings in federal, bankruptcy and state courts. Terry's professional liability practice has involved the representation of accountants and lawyers, and their firms, in a wide range of matters, including professional malpractice claims, shareholder actions, and in proceedings conducted by the Securities and Exchange Commission. Terry's commercial litigation practice includes, among other things, representing clients in corporate, partnership, and limited liability company disputes. Terry also has extensive experience litigating complex employment claims and deceptive trade practice actions brought as individual, group, or putative class actions.

Areas of Practice

• Class Actions
• Shareholder and Securities Disputes
• Complex Business Litigation
• Professional Liability Claims
• Deceptive Trade Practices Actions
• Employment Claims
• Electronic Discovery

Representative Experience

Class Actions - Represented key defendants in a multi-billion dollar federal securities class action lawsuit brought on behalf of investors in the largest Madoff "feeder" fund; obtained order limiting the size of the purported class through the successful opposition of class certification as to numerous non-U.S. investors, pursuant to Fed. R. Civ. P. 23(b)(3). See Anwar v. Fairfield Greenwich Ltd., 2013 WL 662972 (S.D.N.Y. Feb. 25, 2013). Read More →

Securities Litigation - Represented hedge fund directors and administrator in a $500 million securities fraud case brought by a group of institutional investors, arising out of a complex valuation fraud scheme perpetrated by the hedge fund's investment manager; Obtained partial summary judgment dismissing several plaintiffs' federal securities claims and common law "holder" claims, see Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC, 592 F. Supp. 2d 608 (S.D.N.Y. 2009), which facilitated settlement. Read More →

Receiver/Trustee Litigation - Obtained dismissal with prejudice of ERISA, breach of fiduciary duty and negligence-based claims asserted by the receiver of a $500 million dollar offshore hedge fund against the parent company of the hedge fund's administrator. See Court-Appointed Receiver of Lancer Offshore, Inc. v. Citco Group Limited, 2011 WL 1233126 (S.D. Fla. Mar. 30, 2011). Read More →

Hedge Fund Litigation - Obtained dismissal with prejudice of a hedge fund investor's $60 million lawsuit against the fund's administrator for losses caused by the fund's investments in the Bernard L. Madoff Ponzi scheme. See Stephenson v. Citco Group Limited, 700 F. Supp. 2d 599 (S.D.N.Y. 2010). Read More →

Legal Malpractice Defense - Represented an international law firm against legal malpractice and fraud claims arising out of tax advice provided to multiple individuals who were participants in multi-million dollar tax-avoidance transactions, referred to by the IRS as "Son of Boss" transactions. Read More →

Auditor Malpractice Defense - Represented regional accounting firm in auditor malpractice lawsuit brought by trustee of the audit client, an insolvent mortgage bank, alleging damages in excess of $20 million under a “deepening insolvency” theory. Read More →

SEC Enforcement - Represented an audit engagement partner from a Big Four accounting firm in connection with responding to a SEC Wells notice arising out of the restatement of a national restaurant chain's financial statements; SEC ultimately decided not to initiate an enforcement proceeding against our client. Read More →

SEC Enforcement - Represented an audit engagement partner in an SEC enforcement action arising out of alleged improprieties in the financial reporting by Sunbeam Corporation; case settled on favorable terms less than one month prior to trial. Read More →

D&O Liability Defense - Represented director of a Fisher Island, Florida condominium association in defense of a multi-million dollar tortious interference lawsuit brought by prospective developer of Fisher Island; obtained dismissal with prejudice based on litigation privilege. See Boca Investors Group, Inc. v. Potash, 835 So.2d 273 (Fla. 3d DCA 2003). Read More →

Complex Employment Claims - Defended investment portfolio management company in defense of Sarbanes-Oxley and Dodd Frank Act whistleblower claims. Read More →

Deceptive Trade Practices Litigation - Defended national clients against purported putative class action claims raised by a group of over 60 consumers under the Telephone Communications Privacy Act, Fair Debt Collection Practices Act, and Florida Consumer Collection Practices Act. Read More →

Noncompete and Trade Secret Cases - Defense of nutritional supplement company against breach of noncompete, tortious interferences, trade secret, and theft of corporate opportunity claims. Read More →

Electronic Discovery - Obtained landmark spoliation order from Judge Shira A. Scheindlin imposing monetary sanctions and adverse interest instructions as a result of plaintiffs' deficient e-discovery efforts and document preservation failures. See Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of Am. Securities, 685 F. Supp. 2d 456 (S.D.N.Y. 2010). Read More →