EDITORIAL REVIEW

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This securities defense giant nearly got Indymac off the hook on securities claims and is among the few lawyers in the U.S. who has successfully defended a securities class action trial.



This standout securities litigator specializes in striking out plaintiffs who sue high-tech, banking and health care businesses.


One of California’s leading securities litigators, Daniel Tyukody in 2005 won on behalf of Thane International Inc. one of the rare securities class actions to go to trial and final verdict, a case which was all the more unusual because it involved strict liability '33 Act claims. A partner in Orrick, Herrington & Sutcliffe’s Los Angeles office, Tyukody most recently defended Insight Enterprises, an information technology computer products company, against shareholder claims. He represents issuers, underwriters and individuals in private securities cases, SEC and SRO proceedings, and in conducting internal investigations for boards and audit committees. He is currently representing advertising company L90 Inc. in an important Ninth Circuit appeal concerning the scope of aiding and abetting versus primary liability for purposes of Rule 10b-5.




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Daniel Tyukody, a partner in the Los Angeles office, is a member of the Securities Litigation Group. Mr. Tyukody's practice focuses on defending underwriters, issuers and individual officers and directors in securities class actions, derivative cases, "M&A" cases and SEC proceedings. Mr. Tyukody has also represented the audit committees or special committees of Fortune 500 companies conducting special investigations.

Mr. Tyukody has been named as one of the "Top 500 Lawyers In America" by Lawdragon magazine (2007) and one of the "Top 500 Litigators In America" (2006). Mr. Tyukody was also named as one of the "Top Securities Litigators in California" by the Daily Journal. He was lead trial counsel and obtained a complete defense verdict in June 2005 in Miller v. Thane, one of only seven securities class action lawsuits tried to verdict since 1995. This case was named one of the "Top Ten Defense Verdicts" in California by the Daily Journal.

Mr. Tyukody has successfully argued several matters of first impression under the Private Securities Litigation Reform Act of 1995. Mr. Tyukody also provides securities counseling and advice to numerous companies and companies considering or intending to go public.

Before joining the firm, Mr. Tyukody was a partner at Clifford Chance and a partner at Brobeck, Phleger & Harrison.

Related Practice Areas

• Securities Class Actions
• SEC Investigations and Enforcement Actions
• AMEX, NYSE, NASD, and Other SRO Proceedings
• Representation of Individuals

Admitted in

• California

Memberships

• American Bar Association
• State Bar of California
• Los Angeles County Bar Association

Honors

• "100 Lawyers You Need to Know in Securities Litigation," Lawdragon Magazine, April 2008
• Top 500 Lawyers In America
• Top 500 Litigators In America
• Top Securities Lawyers In California
• Associate Editor, University of Chicago Law Review

Education

• J.D., University of Chicago Law School, 1985
• B.S., magna cum laude, Duke University, 1978

See Library Tab for articles, publications and presentations
by Daniel Tyukody

EVALUATION

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Daniel Tyukody

Biography Title: Partner Firm: Orrick Herrington Law School: University of Chicago Graduation: 1985   Notable case(s), past or present (include date if possible): Thane International, Inc. - Trial verdict in 1933 Act section 12(a)(2) case; Watson Pharmaceutical - Trial of securities fraud and breach of contract claims; The Apollo Group securities class action (ongoing); Molina Healthcare, Inc. - Complete victory in Rule 10b-5 and separate derivative lawsuits; Insight Enterprises - Victory in Rule 10b-5 class action; Computer Science Corporation (Special Committee Investigation); L90/MaxWorldwide - Rule 10b-5 case involving the issues addressed in Stoneridge; Public Institution for Social Security (PIFSS) - prosecuted action as a plaintiff for this part of the Kuwaiti government - obtained very favorable settlement on the weekend before trial was to begin; Simulation Sciences, Inc.; TouchStone Software; NextCard, Inc. (SEC investigation); Chiron Corporation (trial); Broadcom Corporation -- Rule 10b-5 and derivative cases; United Financial Group (officers) -- Rule 10b-5, ERISA and state law cases; Onyx Financial -- Rule 10b-5, victory at district court and on appeal.   Selected clients: Merrill Lynch, Computer Sciences Corporation, The Apollo Group, Broadcom Corp., Thane International, Molina Healthcare, The Public Institution for Social Security (Kuwait); Insight Enterprises, Unison Healthcare; Simulation Sciences; TouchStone Software; Watson Pharmaceutical; Mentor, Inc.; Onyx Financial Areas of Expertise:   Bar Memberships:   Clerkships:   Honors:

Q&A Best moment of career: Trial victories (Thane, Watson Pharmaceutical)   Worst moment of career: The demise of Brobeck, Phleger & Harrison   Attorney you most admire: Tower Snow, Bob Varian, Mike Torpey   Favorite activities (besides the Law): Running -- I'm attempting to do marathons in each of the 50 States.   Favorite Sports Team (if you have one), or Favorite Theater or Museum, etc: New York Yankees; Duke Basketball; the Super Bowl Champion New York Giants.   If you weren’t a lawyer, what would you be?:   What do you read most often:   Notable law school classmates:   Why are you proud to be a lawyer?:

Lawdragon News

• The Lawdragon 500 Leading Lawyers in America
  2009
  
  
• The Lawdragon 500 Leading Lawyers in America
  2008
  
  
• Lawdragon's 100 Lawyers You Need to Know in Securities Litigation
  
  
• The Lawdragon 500 Leading Lawyers in America
  2007
  
  
• The Lawdragon 500 Leading Litigators in America
  
  
• The Lawdragon 500 Leading Lawyers in America
  2006

Publications

• "The Next Wave of Securities Litigation: FIN 48," Law 360 (November 18, 2008)
  
  
• "'Stoneridge' Alters Legal Landscape," The National Law Journal (March 17, 2008)
  
  
• "Scope of Primary Liability," The National Law Journal (August 27, 2007)
• "Court Confusion: Recent rulings have failed to resolve the divide among U.S. courts applying the Central Bank ruling," International Financial Law Review (October 2006)
  
  
• "Talking to the Street: Dealing with Securities Analysts," UCLA Directors Training Program
  (1999-2002)
  
  
• "High-tech Times and Globalization," Corporate Board Member (1999)
  
  
• "Expert Discovery Under the Federal Rules and the California Code of Civil Procedure," The State of the Art Trial, Association of Business Trial Lawyers Good Faith Inquiries Under the Bankruptcy Code, 52 University of Chicago Law Review 795 (1985)

Speeches & Programs

Mr. Tyukody has lectured on securities law topics in various forums. He is a frequent speaker on topics ranging from talking with Wall Street, to protecting companies from shareholder class actions, and the ramifications of the Sarbanes-Oxley Act.