Charles E. Elder

Partner
Legal Assistant
Cindy Alexander
P: 615.252.3547 calexander@bradley.com
Representative Experience
  • Securities/Shareholder Litigation
    • Successfully represented a group of investors in a week-long bench trial regarding a disputed proxy fight to obtain control of a real estate investment company. The court ruled in our clients’ favor in all respects and held that they had been duly elected by a majority of the investors to take over management of the company.

      Represented publicly traded petroleum exploration and development company, and its directors and officers, in shareholder class and derivative actions arising from its sponsorship and management of oil and gas limited partnerships. Secured dismissal of the key fiduciary duty claims and settled case on terms highly favorable to the clients.

      Secured a seven-figure “courthouse steps” settlement on the first day of a jury trial, on behalf of the founder of a start-up company in a dispute regarding a merger of that company.

      Won a judgment of dismissal in a federal securities class action brought against a well-known, publicly traded electric car company, challenging its statements regarding the safety of its flagship performance electric sedan. The court held that the company’s statements about the car’s safety were neither false nor misleading. The Ninth Circuit Court of Appeals unanimously affirmed the judgment.

      Won a judgment of dismissal in a federal securities class action against a publicly traded agricultural and food packaging company in which the court rejected the plaintiffs' claims that the company intentionally applied the wrong accounting treatment to an earnout provision in a merger agreement. The Ninth Circuit Court of Appeals unanimously affirmed the judgment.

      Successfully represented the former chairman and CEO of a well-known mortgage lending company in multiple matters — including a civil suit brought by the U.S. Securities and Exchange Commission, shareholder class actions and consumer lawsuits —arising from the well-publicized disruption of the mortgage banking industry in 2007-2008. Served as a senior member of the team that successfully obtained the settlement of all claims against the client in the shareholder class actions without any personal contribution and the settlement of the SEC's lawsuit on terms widely lauded by the media as favorable to the client. 

      Represented the officers and directors of a prominent hotel chain in a securities class action arising from a major construction project in Las Vegas. Obtained a settlement of all claims without any personal contribution by the clients.

      Defending a developer of plasma-based rocket technology and in-space transfer and service vehicles in various shareholder lawsuits in California and Delaware.

      Defending the majority investor in a closely held AI/software company in shareholder litigation brought by company’s cofounder and former CEO.

  • Antitrust
    • Provides antitrust counseling to a range of clients in different circumstances, including advice regarding mergers and acquisitions, marketing strategies, pricing and advertising policies, intellectual property disputes and settlements, non-compete agreements and other employment restrictions. 

      Representing publicly traded health system in FTC investigation and litigation a proposed hospital merger.

      Lead antitrust counsel for a global leader in the development and licensing of semiconductor packaging technology in an antitrust and patent lawsuit filed against two major memory chip manufacturers. Defeated summary judgment motions aimed at the antitrust claims, and subsequently the defendants agreed to settle the case by paying a substantial upfront amount plus ongoing royalties.

      Represented a fast-growing provider of construction project data in an antitrust lawsuit filed by its largest competitor.

      Represented an internet-related company in connection with an investigation by the Antitrust Division of the U.S. Department of Justice. Persuaded the government to drop the investigation with no action.

      Represented one of nation's largest video game companies in a successful defense of antitrust and commercial bribery claims brought by an intellectual property licensor under the Sherman Act and Robinson-Patman Act.

      Represented a leading manufacturer of carbon fiber in antitrust class actions and government investigations regarding allegations that a group of manufacturers conspired to fix the price of carbon fiber.

      Represented one of the “major” music companies in various antitrust actions based on allegations of price-fixing, resale price maintenance, and payola claims.

  • Entertainment
    • Represented a major video game publisher in a series of lawsuits and arbitrations involving its joint venture partner and the licensors of certain game franchises. Won final judgment in the client’s favor in all matters.

      Defended a major video game publisher in litigation arising from the termination of two prominent studio heads, which settled on favorable terms.

      Represented the heads of a prominent mobile game developer in a dispute with a major game publisher involving failure to pay an earnout following a merger. Positioned the case such that the clients obtained an eight-figure settlement.

  • Other
    • Obtained summary judgment on behalf of a Silicon Valley venture capital firm wrongly accused of fraud, prevailing on the claims originally asserted by the plaintiff and on the client’s counterclaims against the plaintiff, winning total victory on all counts.

      Obtained eight-figure settlement on behalf of hedge fund partner in an arbitration regarding his former partners’ alleged breach of the partnership agreement.

      Represented prominent private equity and venture capital firms in various disputes, including disputes with buyers, sellers, and co-investors.

      Worked with the Tennessee Innocence Project in successfully obtaining an order exonerating an innocent couple that had been wrongly convicted of murdering a young girl.