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Donald J. Enright

Partner

Practice: Corporate Governance, Mergers & Acquisitions

Tel: 202-524-4290

Email: denright@zlk.com

Practice: Corporate Governance, Mergers & Acquisitions

Email: denright@zlk.com

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During his 28 years as a litigator and trial lawyer, Mr. Enright has handled matters in the fields of securities, commodities, consumer fraud and commercial litigation, with a particular emphasis on shareholder class action litigation. He has been named as one of the leading financial litigators in the nation by Lawdragon, as a Washington, D.C. "Super Lawyer"​ by Thomson Reuters, and as one of the city's "Top Lawyers"​ by Washingtonian magazine. One jurist on the Delaware Court of Chancery recently remarked that Don's advocacy skills were "a textbook of how oral arguments should be done."

Mr. Enright has shown a track record of achieving victories in federal trials and appeals, including:

Over the course of his career, Mr. Enright has recovered hundreds of millions of dollars for investors. Most recently, in Karsan Value Fund v. Kostecki Brokerage Pty, Ltd. et al., Case No. C.A. No. 2021-0899-LWW (Delaware Chancery), Mr. Enright was lead counsel for the class, and recovered a $9.5 million common fund for the minority stockholders in connection with a controller buyout – a $1.90 per share (75%) increase on top of the original merger consideration of $2.55 per share.  The Court of Chancery approved the settlement on April 4, 2024, and remarked that it was “strong” and a “great settlement.”

Similarly, in In re Schuff International, Inc. Stockholders Litigation, Case No. 10323-VCZ, Mr. Enright served as Co-Lead Counsel for the plaintiff class in achieving an aggregate recovery of more than $22 million -- a gross increase from $31.50 to $67.45 in total consideration per share (a 114% increase) for tendering stockholders. This was one of the largest recoveries as a percentage of the underlying merger consideration in the history of Delaware M&A litigation.

As Co-Lead Counsel in In re Bluegreen Corp. Shareholder Litigation, Case No. 502011CA018111 (Cir. Ct. for Palm Beach Cnty., Fla.), Mr. Enright achieved a $36.5 million common fund settlement in the wake of a majority shareholder buyout, representing a 25% increase in total consideration to the minority stockholders.

Mr. Enright has played a leadership role in numerous other shareholder class actions from inception to conclusion, producing multi-million-dollar recoveries involving such companies as:

  • ATI Physical Therapy, Inc.
  • Allied Irish Banks PLC
  • Iridium World Communications, Ltd.
  • En Pointe Technologies, Inc.
  • PriceSmart, Inc.
  • Polk Audio, Inc.
  • Meade Instruments Corp.
  • Xicor, Inc.
  • Akcea Therapeutics, Inc.
  • Babcock & Wilcox Enterprises, Inc.
  • Streamlogic Corp.
  • Interbank Funding Corp.
  • Riggs National Corp.
  • UTStarcom, Inc.
  • Manugistics Group, Inc.
  • Yongye International, Inc.
  • CNX Gas Corp.
  • Sauer-Danfoss, Inc.
  • The Parking REIT, Inc. 

Mr. Enright also has a successful track record of obtaining injunctive relief in connection with shareholder M&A litigation, having won injunctions in the cases of:

Mr. Enright has also demonstrated considerable success in obtaining deal price increases for shareholders in M&A litigation. As Co-Lead Counsel in the matter of In re Great Wolf Resorts, Inc. Shareholder Litigation, C.A. No. 7328-VCN (Del. Ch. 2012), Mr. Enright was partially responsible for a $93 million (57%) increase in merger consideration and waiver of several “don’t-ask-don’t-waive” standstill agreements. Similarly, Mr. Enright served as Co-Lead Counsel in the case of Berger v. Life Sciences Research, Inc., No. SOM-C-12006-09 (NJ Sup. Ct. 2009), which caused a significant increase in the transaction price from $7.50 to $8.50 per share, representing additional consideration for shareholders of approximately $11.5 million. Mr. Enright also served as Co-Lead Counsel in Minerva Group, LP v. Keane, Index No. 800621/2013 (NY Sup. Ct. of Erie Cnty.) and obtained an increased buyout price from $8.40 to $9.25 per share.

The courts have frequently recognized and praised the quality of Mr. Enright’s work:

 

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