Caroline A. Wong

Securities and Shareholder Litigation

Caroline’s recent securities and shareholder litigation matters include:

• Defending a Fortune 50 pharmacy company and board of directors in shareholder derivative litigation in the Northern District of Ohio and investigation regarding alleged breaches of fiduciary duty related to opioids and government settlements.
• Defending a global integrated resort company and senior executives in securities and shareholder derivative litigation in the District of Nevada related to the company’s operations in Singapore. Won motion for reconsideration of a motion-to-dismiss ruling after presenting oral argument, resulting in dismissal of claims.
• Defending a financial services company in securities and derivative litigation in the Middle District of Florida related to US$18 billion write-down of an acquired business unit.
• Defending an audit firm in securities litigation in the Southern District of New York and federal and state investigations in a high-profile matter related to allegations of private equity investment fraud.
• Defended a global retail pharmacy company in securities and derivative litigation in the Northern District of Illinois related to missed financial projections for multi-billion-dollar international merger. Won summary judgment on all forward-looking statements in the securities case. 
• Won dismissal of a shareholder derivative suit filed against an energy holding company and its board of directors in derivative litigation in the District of Delaware.
• Won dismissal of a shareholder derivative suit filed against a global retail pharmacy company and its board of directors in the Delaware Court of Chancery, and won affirmance on appeal to the Delaware Supreme Court.

ERISA Litigation

Caroline’s recent ERISA matters include:

• Defending a health services provider and its board of directors through summary judgment and trial proceedings in an ERISA class action asserting fiduciary duty claims related to 401(k) plan investment options and fees. 
• Advising a retirement plan service provider in connection with multiple ERISA class action proceedings in federal courts. 
• Defeated class certification for a global automotive supplier in litigation challenging 401(k) plan investment options and fees, after developing a successful discovery strategy, leading briefing, and presenting oral argument in the Eastern District of Michigan.
• Defended business services company in the Sixth Circuit and in certiorari-stage proceedings in the U.S. Supreme Court related to arbitrability of ERISA fiduciary duty claims.
• Won dismissal of ERISA class action for health system in the Middle District of North Carolina.
• Won trial victory for an insurance company in a class action challenging rates for a stable value option, and won affirmance on appeal to the Eighth Circuit.

Appellate Litigation

Caroline also has significant appellate experience, both in crafting briefs and as an oral advocate. Clients turn to her for advice on appeals across a wide range of areas, and trust her to collaborate effectively with trial teams and leverage the record they build to develop winning strategies. In addition to the appellate matters noted above, Caroline’s other notable experience includes:

• Representing a medical manufacturing company in an appeal to the Federal Circuit involving novel issues about trademark law.
• Won affirmance of dismissal and summary judgment orders in an appeal on behalf of an investment advisory firm in a federal class action involving challenges to 403(b) retirement plan investment options and fees. Led the appellate briefing and presented oral argument in the Second Circuit.
• Won reversal and remand in a criminal appeal involving novel issues relating to federal sentencing statutes. Presented oral argument in the Seventh Circuit.
• Won a victory in the U.S. Supreme Court for a medical technology company in Minerva Surgical, Inc. v. Hologic, Inc., involving the doctrine of assignor estoppel.

Other Experience

Caroline clerked for the Honorable Frank H. Easterbrook of the United States Court of Appeals for the Seventh Circuit, and the Honorable John Z. Lee of the United States District Court for the Northern District of Illinois. She earned her law degree with high honors from the University of Chicago Law School, where she was a David M. Rubenstein Scholar and served as the executive editor of The University of Chicago Law Review.

Before her legal career, Caroline was a classical flutist. She has performed as a soloist with multiple orchestras and toured internationally. Her experience as a musician has made her believe strongly in the power of connecting with audiences, whether in the concert hall or the courtroom, and she draws on those experiences to deliver top-class performance and service for her clients.