Charles Caliendo is a director at Grant & Eisenhofer. He has more than twenty years of experience in complex litigation, including class and derivative actions, SEC enforcement proceedings, regulatory and corporate internal investigations, and White Collar criminal matters.
At G&E, Mr. Caliendo represents institutional investors in securities fraud, accounting fraud and other corporate litigation. He was a member of the G&E teams that won a $3.2 billion recovery for shareholders in the Tyco case and a $486 million recovery in the Pfizer action. Prior to joining the firm, Mr. Caliendo was an Assistant Attorney General in the New York Attorney General’s Office where he prosecuted cases and led investigations related to mutual fund market timing and late trading. Mr. Caliendo started his career at Thacher Proffitt & Wood where he litigated securities fraud, M&A and corporate governance cases, and other commercial disputes.
Among other matters, Mr. Caliendo’s casework includes:
• Represented victims of tax shelter scheme in fraud/accountants’ malpractice action against tax shelter promoters and accounting firm in New York Supreme Court.
• Prosecuted/investigated numerous matters involving criminal and civil securities fraud, insider trading, violations of New York’s Martin Act, money laundering, tax fraud, perjury, obstruction of justice and other White Collar crimes.
• Defended SEC enforcement proceeding against directors and officers in federal court.
• Represented bank and its board of directors in federal court in defeating motion to enjoin merger in one of the first cases to lift the Private Securities Litigation Reform Act’s automatic stay of discovery.
• Represented bank and its board of directors in Delaware Court of Chancery and Delaware Supreme Court in defeating class action alleging breach of fiduciary duty for rejecting above-market merger proposal in favor of pursuing board’s strategy of remaining independent.
• Represented bank against insurgent shareholder’s motion in Delaware Court of Chancery to sterilize voting rights associated with voting stock issued during proxy contest.
• Represented foreign shipping company in federal court in securities fraud and breach of indenture action involving $100 million private placement of high-yield notes.
Mr. Caliendo has written, spoken and been interviewed by the financial press on issues relating to regulatory enforcement, corporate internal investigations and/or securities and shareholder litigation. Select examples include:
• Speaker at financial industry seminar sponsored by The Association of the Bar of the City of New York (authored related article “Thompson Memo Under A Microscope”) (June 2006).
• Speaker before delegation of Chinese mutual fund CEOs during Penn-China Mutual Fund CEO Leadership Program, University of Pennsylvania Graduate School of Education (June 2005).
• Speaker at financial industry seminar sponsored by The Association of the Bar of the City of New York (authored related article “The Investment Protection Bureau: An Overview of Financial Markets Regulation and Enforcement in New York”) (Nov. 2004).
• Co-Author, “Who Says the Business Judgment Rule Does Not Apply to Directors of New York Banks?,” 118 Banking Law Journal 493 (June 2001).
• Co-Author, “Board of Directors’ ‘Revlon Duties’ Come Into Focus,” New York Law Journal, Vol. 222, No. 86, Col. 1 (Nov. 1, 1999).
• “Pilgrim and Baxter to Pay $160 Million In Trading Scandal,” The Wall Street Journal, Nov. 18, 2004.
• “2 Fund Managers to Pay $80 Million Settlements,” The New York Times, Nov. 18, 2004.
• “Fund Founders to Settle, Pay $160 Million,” The Washington Post, Nov. 18, 2004.
• “Millennium Settles in ‘Timing’ Case; Fund and Executives to Pay $180 Million,” The Wall Street Journal, Dec. 2, 2005.
Mr. Caliendo is a member of the New York City Bar Association, and a past member of the Committee on Professional Ethics. He received his B.S. from Cornell University and J.D. from St. John’s University School of Law where he was Articles & Notes editor of the St. John’s Law Review and a St. Thomas More Scholar.DOWNLOAD vCARD »