Christine Mackintosh is a principal at Grant & Eisenhofer, practicing in the areas of corporate and securities litigation. She has represented institutional investors, both public and private, in corporate cases in the Delaware Court of Chancery and in securities fraud class actions in federal courts throughout the country.
Ms. Mackintosh’s practice primarily focuses on litigation in the Delaware Court of Chancery, where she has played significant roles in several landmark actions challenging mergers and acquisitions (including In re Del Monte Foods Company Shareholder Litigation, which resulted in an $89.4 million recovery for the class, and In re El Paso Corporation Shareholder Litigation, which resulted in a $110 million recovery for the class) and in several successful shareholder derivative actions (including In re American International Group, Inc. Consolidated Derivative Litigation, which resulted in a $90 million recovery, one of the largest recoveries in a shareholder derivative action in the history of the Delaware Court of Chancery). Ms. Mackintosh recently secured a $300 million settlement of a derivative action brought on behalf of Renren, Inc. relating to a spin-off transaction orchestrated by Renren’s controlling stockholder, Joseph Chen (approval pending), which, if approved, will result in the largest-ever direct cash payment in a shareholder derivative action; a $175 million settlement of a derivative action brought on behalf of McKesson Corporation relating to the company’s failure to adequately oversee its sales of opioid drugs in an action in the United States District Court for the Northern District of California, and a $60 million partial settlement of a derivative and class action challenging the acquisition of SolarCity Corporation by Tesla Motors, Inc.
Ms. Mackintosh has extensive experience trying cases before the Court of Chancery. In 2021, Ms. Mackintosh secured an injunction of an unduly restrictive poison pill in the highly publicized The Williams Companies Stockholder Litigation and was a leading member of trial teams in In re BGC Partners, Inc. Derivative Litigation and In re Tesla Motors, Inc, Stockholder Litigation. Ms. Mackintosh has also tried a number of appraisal cases, including In re Appraisal of Dell, Inc., In re Appraisal of Solera Holdings, Inc., and Verition Partners Master Fund Ltd. v. Aruba Networks, Inc. Following a closely watched Delaware Supreme Court argument in the Aruba appraisal, Ms. Mackintosh obtained a reversal of the Chancery Court’s decision that Aruba’s fair value equaled its unaffected stock price.
Outside of the United States, Ms. Mackintosh recently represented a number of institutional investors pursuing their appraisal rights against Nord Anglia Education in the Grand Court of the Cayman Islands; following a three-week trial, the Grand Court of the Cayman Islands, Financial Services Division ruled in favor of G&E’s client, finding that Nord Anglia’s fair value was nearly 16% higher than the deal price. Ms. Mackintosh is currently representing institutional investors pursuing appraisal rights against 58.com in the Grand Court of the Cayman Islands.
In addition to her Chancery Court practice, Ms. Mackintosh has played a significant role in a number of securities fraud class actions that have achieved substantial recoveries for classes of investors, including In re JP Morgan Chase & Co. Securities Litigation ($150 million recovery), In re Refco Securities Litigation ($400 million recovery), and In re Merck & Co., Inc. Vytorin/Zetia Securities Litigation ($215 million recovery), and on behalf of individual and institutional investors who have opted out of class actions to pursue individual suits, including representation of investors who opted out of In re Bank of America Corporation Securities, Derivative & ERISA Litigation. Outside of the United States, Ms. Mackintosh was a member of the team that secured the historic $450 million pan-European settlement in the Royal Dutch Shell case in the Netherlands and the $1 billion settlement in the Royal Bank of Scotland case in the United Kingdom. She is currently representing institutional investors in connection with litigation against Volkswagen AG in Germany.
A magna cum laude graduate of St. Joseph’s University, Ms. Mackintosh earned her law degree at the University of Pennsylvania Law School. She is the co-author of two articles published by the Practising Law Institute’s Corporate Law & Practice Course Handbook Series. “Ethical Issues and Their Impact on Securities Litigation,” published in September-October, 2003, was co-authored with Marc J. Sonnenfeld, Viveca D. Parker and Marisel Acosta. “Lessons From Sarbanes-Oxley: The Importance of Independence In Internal Corporate Investigations,” published in July, 2003, was co-authored with Alfred J. Lechner, Jr.
U.S. District Court for the District of DE