Mr. Holland has over 30 years of experience defending securities class actions and shareholder derivative suits. He focuses on defending issuers and underwriters in public offering litigation and defending investment advisers and mutual funds in litigation under the Investment Company Act of 1940.
Mr. Holland has appeared as counsel of record for defendants in many of the major securities litigations of the past decade, including: Merrill Lynch in coordinated class actions alleging market manipulation in connection with over 300 technology IPOs, In re IPO Sec. Litig., 471 F.3d 24 (2d Cir. 2006); Citigroup in class action litigation arising out of the collapse of Parmalat, In re Parmalat, 376 F.Supp 2d 472 (SDNY 2005); Alliance Bernstein in civil litigation arising out of market timing allegations, In re Mutual Funds Investment Litig., 04 MDL 1586 (D. Md. 2004); Merrill Lynch Investment Management in class actions arising out of purportedly conflicted analyst research reports, In re Merrill Lynch & Co. Research Reports Litig., 272 F.Supp. 2d 243 (SDNY 2003); and the Independent Trustees of the Reserve Primary Fund in litigation brought in connection with that fund’s “breaking the buck” in September 2008, In re The Reserve Fund Sec Litig., 1:09 MD 2011 (SDNY). He is currently representing Bank of America/Countrywide in litigation brought by monoline insurers arising out of the mortgage market meltdown.
Mr. Holland also has extensive experience defending mutual fund litigation. In addition to the Market Timing and Reserve Fund cases, he successfully argued against the existence of private rights of action under the 1940 Act in Olmsted v. Pruco Life, 283 F.3d 429 (2d. Cir. 2002); obtained summary judgment dismissing conflict of interest allegations under Section 36(b) of the 1940 Act in Green v. FAM, 286 F.3d 682 (3d Cir. 2002); and defeated shareholder challenges under Section 15(f) of the 1940 Act to the merger of Mellon Bank and Dreyfus, Olesh v. Dreyfus 1995 WL 500491 (EDNY 1995).