Melinda A. Nicholson, a partner in KSF’s Louisiana office, focuses on shareholder derivative and class action litigation, representing institutional and individual shareholders in corporate governance litigation and securities fraud actions. Prior to joining the firm in 2010, Ms. Nicholson worked for defense firms in New York, handling complex commercial litigations and regulatory investigations involving a variety of legal issues, including fiduciary obligations, securities violations, contractual breaches, antitrust and insurance coverage.
Ms. Nicholson is actively involved in cases pending before various federal and state courts across the United States, including:
- In re Fitbit, Inc. Stockholder Derivative Litigation, Consolidated C.A. No. 2017-0402-JRS (Del. Ch.); Co-Lead Counsel;
- Dougherty v. Esperion Therapeutics, Inc., et al., No. 16-10089 (E.D. Mich.); Co-Lead Counsel;
- Lieblein v. Ersek (The Western Union Company Derivative Litigation), No. 14-cv-144 (D. Colo.); Additional Counsel for Co-Lead Plaintiffs;
- In re GoPro, Inc., Stockholder Derivative Litigation, C.A. No. 2018-0784-JRS (Del. Ch.); Co-Lead Counsel;
- Rojas v. Ellison, et al. (J.C. Penney Company, Inc. Derivative Litigation), C.A. No. 2018-0755-AGB (Del. Ch.); Plaintiffs’ Counsel; and
- In re The Wendy’s Company Shareholder Derivative Action, Case No. 1:16-cv-01153-TSB (S.D. Ohio); Plaintiff’s Counsel.
Since joining KSF, Ms. Nicholson has also been involved in a number of cases which ultimately resulted in successful settlements, including:
- Orrego v. Lefkofsky (Groupon, Inc. Derivative Litigation), No. 12 CH 12420 (Ill. Cir. Ct, Cook Cnty., Ch. Div.) (settlement consisting of broad corporate governance reforms with an estimated value of $159 million);
- In re Bank of America Corporation Securities, Derivative, & Employee Retirement Income Security Act (ERISA) Litigation, No. 09-MD-2058 (S.D.N.Y.) (Court-approved settlement including $62.5 million cash recovery and substantial corporate governance changes);
- In re Barnes & Noble Stockholder Derivative Litigation, C.A. No. 4813-VCS (Del. Ch.) (settlement resulted in $29 million recovery for the company);
- In re FAB Universal Corporation Shareholder Derivative Litigation., Lead Case No. 14-cv-687 (S.D.N.Y.) (settlement involving broad corporate governance reforms);
- In re Fifth Street Finance Corp. Stockholder Litigation, Consolidated C.A. No. 12157-VCG (Del. Ch.) (settlement resulted in governance enhancements and advisory fee reductions worth an estimated $30 million);
- Lowry v. Basile (Violin Memory, Inc. Derivative Litigation), No. 4:13-cv-05768 (N.D. Cal.) (broad corporate governance reform settlement);
- In re Moody’s Corporation Shareholder Derivative Litigation, 1:08-CV-9323 (S.D.N.Y.) (settlement involving comprehensive corporate governance reforms); and
- In re Star Scientific, Inc. Virginia Circuit Court Derivative Litigation, Lead Case No. CL13-2997-6 (Va. Cir. Ct., City of Richmond) (settlement involving sweeping corporate governance reforms).
Ms. Nicholson completed a joint B.A./J.D. program at Tulane University, receiving a B.A. in Political Science, with a concentration in American Politics and Policies and a minor in Economics, from Tulane in 2003 and a J.D. from Tulane in 2005. While at Tulane Law School, Ms. Nicholson served as a Notes and Comments Managing Editor for the Tulane Law Review, which published her comment, The Constitutional Right to Self-Representation: Proceeding Pro Se and the Requisite Scope of Inquiry When Waiving Right to Counsel, 79 TUL. L. REV. 755 (2005). She has received numerous awards, including the Dean’s Medal for attaining the highest grade point average during the third year, the George Dewey Nelson Memorial Award for attaining the highest grade point average in common law subjects throughout the three years of law study, and Order of the Coif. She graduated from the law school summa cum laude and ranked second in her class.
Ms. Nicholson is admitted to practice in Louisiana and New York, and before the United States District Courts for the Eastern District of Louisiana, Western District of Louisiana, Southern District of New York, Eastern District of New York, District of Colorado, and Eastern District of Michigan.