Achyut J. Phadke is an associate in the San Francisco office of Munger, Tolles & Olson. He focuses on securities and complex civil litigation for corporate and financial services clients at both trial and appellate levels, as well as government and internal investigations.
- Bank of America and Merrill Lynch in numerous RMBS cases in federal courts in California, New York, New Jersey, and Colorado. The cases have involved securities claims, common law fraud claims, and other tort and contract claims. Many of these cases were dismissed at the pleading stage in their entirety, others were dismissed in part, and still others have been resolved on very favorable terms.
- Majority shareholders of Books-A-Million in litigation challenging the company’s go-private transaction. Argued before Delaware Court of Chancery and won dismissal of post-deal challenge to controlling shareholder transaction.
- Wachovia Securities in multiple actions brought by the National Credit Union Administration as liquidator of failed credit unions.
- Hewlett Packard in successfully defeating a putative class plaintiff’s appeal from denial of class certification in a case alleging the improper escheatment of shareholders’ stock.
- The Motion Picture Association of America and its member studios in defending against a class action lawsuit alleging that the MPAA's motion picture rating service is required to give an "R" rating to any movie featuring any tobacco imagery.
- A for-profit educational institution in a qui tam action under the federal False Claims Act, which resulted in dismissal under that statute’s public-disclosure bar to jurisdiction. This dismissal was affirmed on appeal.
- Numerous internal and government investigations of publicly traded corporations.
Mr. Phadke also maintains a pro bono practice. He recently represented the ACLU of Northern California in public records act litigation related to California’s recently proposed lethal injection regulations; and he has previously represented an immigrant detainee in a civil rights action in federal court. Mr. Phadke is a past board member of the South Asian Bar Association of Northern California.
Mr. Phadke graduated from Stanford Law School with distinction, where he was elected to Order of the Coif and was an article editor on the Stanford Law Review. After law school, he served as a law clerk with the Honorable Pamela Ann Rymer of the U.S. Court of Appeals for the Ninth Circuit.