J. Ryan Lopatka, a partner in KSF’s New York office, focuses primarily on federal securities class action litigation.
Mr. Lopatka was a member of the team that litigated against Halliburton Company in one of the most closely followed securities cases of all time. The litigation, which spanned more than a decade, included two landmark decisions from the Supreme Court. The first, Erica P. John Fund, Inc. v. Halliburton, 1331 S.Ct. 2179 (2011), a 9-0 unanimous opinion, reversed the rulings of the district court and Fifth Circuit Court of Appeals denying the investors’ motion for class certification on loss causation grounds. The second, Halliburton Co. v. Erica P. John Fund, Inc., 134 S.Ct. 2389 (2014), preserved the fraud-on-the-market doctrine, and helped pave the way towards a $100 million recovery for the class.
Most recently, Mr. Lopatka successfully argued before the United States Court of Appeals for the Second Circuit to vacate an order from the Southern District of New York granting motion to dismiss in a securities class action against NewLink Genetics Corp. The 26-page ruling from the three-judge panel in Abramson v. NewLink Genetics Corp., 2020 U.S. App. LEXIS 21545 (2d Cir. July 13, 2020) revitalized investors’ claims against the bio-pharmaceutical company, and further developed the law of the Second Circuit with regard to loss causation and the actionability of opinion statements under the Supreme Court’s 2015 decision in Omnicare, Inc. v. Laborers Dist. Council Const. Industry Pension Fund, 575 U.S. 175 (2015).
Mr. Lopatka is actively involved in securities class actions across the United States in which KSF currently serves as Lead or Co-Lead Counsel. Representative matters include:
- Pearlstein v. BlackBerry Limited, et al., No. 13-cv-7060 (S.D.N.Y.)
- Nguyen v. NewLink Genetics Corp., No. 16-cv-3545 (S.D.N.Y.)
- Hogan v. Pilgrim’s Pride Corporation, et. al., No. 16-cv-2611 (D. Colo.)
- In re Chicago Bridge & Iron Company N.V. Sec. Litig., No. 17-cv-1580 (S.D.N.Y.)
- Kanefsky v. Honeywell, et al., No. 18-15536 (D. N.J.)
- Greco, et al. v. Qudian Inc., et al., No. 20-cv-577 (S.D.N.Y.)
As an active member of the legal community, Mr. Lopatka also dedicates time to promote best practices in complex litigation. For example, Mr. Lopatka serves alongside attorneys representing both plaintiffs and defendants as a project member with the Electronic Discovery Reference Model (EDRM) to identify common problems and solutions (including potential amendments to the Federal Rules of Civil Procedure) related the process of recording documents withheld from production on a claim that they contain attorney-client communication or work product.
Mr. Lopatka received his J.D. from Tulane University Law School in 2010. During the summer of 2009, he studied international capital markets and securities law at Cambridge University and Queen Mary School of Law in London, England. He received his B.A. with honors in history from Loyola University New Orleans in 2004.
Mr. Lopatka is admitted to practice in Louisiana and Illinois.