Austin P. Van

Pomerantz - New York

Partner

600 Third Avenue
New York, NY 10016

+1 212 661 1100

40 & Under Hot List

Future Star


Practice area:

Competition/antitrust


Pomerantz Partner Austin P. Van heads the Firm’s representation of Lead Plaintiffs in a securities class action against drug behemoth Mylan N.V. This multibillion-dollar litigation is one of the largest securities class actions pending anywhere. The complaint alleges that Mylan misled investors about wide-ranging wrongful conduct in what some estimate to be the largest price-fixing conspiracy in U.S. history. Austin devised the central theories of the case and authored all three amended complaints in this matter, which has continued to expand. He authored all three of plaintiffs’ successful opposition briefs to defendants’ motions to dismiss, in 2018, 2019, and 2020 respectively, as well as lead plaintiffs’ successful arguments for class certification in 2019. In April 2020, the court rejected the defendants’ motion to dismiss the third amended complaint in a precedent-setting decision concerning scheme liability, and certified a class of investors spanning five years, all based on Austin’s arguments. 


Austin led Pomerantz’s securities class action against TechnipFMC, an oil and gas services provider. He uncovered the theory of this case: that TechnipFMC massively overstated its net income in its initial registration statement due to its use of incorrect foreign exchange rates. Austin successfully argued at oral argument in 2018 that the Court should deny defendants’ motion to dismiss the central claim in the matter. In 2019, Austin successfully argued Lead Plaintiff ’s motion for class certification. He led the Class through complete preparations for trial. The case settled in 2020 for approximately $20 million. 


Austin led a successful securities class action at Pomerantz against Rockwell Medical, Inc. and served as co-lead counsel on the matter with another firm. Austin extensively investigated the facts of this case and drafted the operative complaint. At a pre-motion conference for defendants’ motion to dismiss, District Senior Judge Allyn R. Ross stated: “based on what I have reviewed, it is virtually inconceivable to me that the consolidated amended complaint could possibly be dismissed on a Rule 12(b)(6) motion or a Rule 9(b) motion.” Defendants declined even to move to dismiss the complaint and settled the case in 2019 for $3.7 million—a highly favorable settlement for the Class. 


In 2020, Austin was named by Law360 as an MVP in Securities Litigation, an honor bestowed upon only up to six attorneys nationwide each year. He has been recognized by Lawdragon as a Leading Plaintiff Financial Lawyer and has been named as a Recommended Lawyer by The Legal 500. Every year from 2018 to 2021, Austin has been honored as a Super Lawyers® Rising Star. 

 

Updated Sep 2021