Ian M. Ross

Business Disputes and Complex Commercial Litigation 

• Represented a large real estate development company through trial in a complex commercial dispute against the company’s minority member and obtained final judgment in his client’s favor. His client was awarded over US$15 million in damages and the minority member of the company was dissociated from further participation in the company.*
• Represented corporations, banks, directors and officers, national consulting firms, and accounting firms in contract and tort actions in federal and state court. Obtained affirmative rulings on these cases before trial on motions to dismiss and/or summary judgment motions.*
• Represented a brokerage to obtain a permanent injunction against investors seeking to pursue FINRA arbitration, affirmed by the Eleventh Circuit Court of Appeals.*
• Represented a television studio defending tortious interference claims for US$50 million in a federal jury trial in which the judge granted defendant’s Rule 50 motion following plaintiff’s presentation of its case.*
• Obtained dismissal of majority of claims over US$80 million of notes filed against financial institution brought by noteholder for breaches of duty and negligence.*
• Represented a corporation in federal and state court, and established personal jurisdiction against a foreign manufacturer producing and selling drywall for American homes.* 
• Represented a medical physics company in a suit against a former executive for violation of noncompete and non-solicitation agreements, misappropriation of trade secrets, and defamation, obtaining consent injunction against executive.*
• Represented investment advisors and broker-dealers in professional liability and tort actions in federal court, state court, and in FINRA arbitrations relating to private placement securities and investment portfolio recommendations.*
• Represented professional service and accounting firms in professional liability actions in federal and state court in matters involving complex accounting issues, including earnout accounting, revenue accounting, derivative accounting, and software capitalization.*

Financial and Securities Litigation

• Represented corporations, directors and officers, and accounting firms in federal securities class actions and state securities actions brought by shareholders or former investors, including shareholder derivative actions, claims under state Blue Sky securities laws, and common law fraud and misrepresentation actions.*
• Obtained summary judgment in state securities and fraud action brought by former officer relating to purported misrepresentations and omissions regarding preliminary merger negotiations. The ruling was affirmed on appeal.*
• Represented a public company, its former officers, and private equity company in state securities action brought by an investor relating to purported misrepresentations made in connection with a multimillion dollar private placement.*
• Represented a healthcare company in holding off four putative class actions challenging an announced merger of the client with another healthcare company. After expedited discovery, the parties came to agreement on a memorandum of understanding on a disclosure-based settlement that allowed the transaction to be completed, which was subsequently approved by shareholders.*  
• Held off a shareholder class action to enjoin a merger, allowing for the sale of an Israeli-based biopharmaceutical company focused on developing and commercializing longer-acting proprietary versions of already approved therapeutic proteins. Plaintiffs’ claims were dismissed with prejudice.*
• Represented a former officer of national consulting firm in dismissal of shareholder derivative claims in federal court against corporation’s officers and directors.*
• Represented a Big Four accounting firm in dismissal of “holder” claims asserted by former shareholders of a consumer finance company.*

Class Action Litigation

• Served as lead counsel and represented national companies in more than 20 national class actions arising out of federal and state consumer protection statutes. Experience has included representing companies in a variety of industries, including retail, telecommunications, online retailing, food and beverage, sports and fitness, and home appliances.*
• His successes include defeating class certification in national class action brought against a sports and fitness company, prevailing on motions to dismiss on standing and jurisdictional issues, and winning dispositive motions and summary judgment rulings on issues around consent, preemption, and damages.* 
• Represented international retailer in TCPA class action where the district court judge granted summary judgment in defendants’ favors after concluding that messages were not sent in violation of the TCPA.*
• Successfully compelled arbitration of TCPA class action brought against national food and beverage company.*

Government Investigations.

• Represented corporations, directors, officers, and accounting firms in investigations conducted by the Securities and Exchange Commission, Department of Justice, and in matters involving insider trading, allegations of misappropriation and fraud, internal control (SOX and SAS 70) audits, and financial restatements relating to complex accounting issues.*
• Represented directors and officers in pre-suit investigation by the Federal Deposit Insurance Corporation.*

*The above matters were handled prior to joining Sidley.

• Member, Florida Bar Association Cybersecurity and Privacy Law Committee
• Vice-President/President Elect, Americans for Immigrant Justice Board
• Board Member, Read to a Child, South Florida, Regional Board 
• Member, Johns Hopkins University Second Decade Society 
• Member, Defense Research Institute 
• Member, Florida Bar Association Business Law Committee 
• Member, American Bar Association 
  • Co-Chair, Litigation Committee (Young Lawyers Division), 2013–2014; 
  • Vice-Chair, Business Law Committee (Young Lawyers Division), 2014–2015; 
  • Co-Chair, Business Law Committee (Young Lawyers Division), 2015–2016); and 
  • Member, Section of Litigation Pro Bono Task Force, 2017–2019.