Charles O. Monk

Charlie represents businesses facing litigation involving securities fraud claims and shareholder derivative claims, including shareholder demand responses and special committee issues.  He has represented clients confronting complex commercial, finance and trade regulation matters in many different industries. He regularly handles cases that involve simultaneous claims in multiple states and courts across the country and has won dismissals and negotiated highly favorable settlements for a number of clients.

• Served as lead counsel for a chemical manufacturing company and its former officers named in a nationwide market allocation and price fixing scheme. Negotiated a favorable settlement resolving claims brought by governmental purchasers.
• Served as lead counsel for a nutrition and weight loss company and its officers in a securities class action (10(b)(5) and shareholder derivative action arising from a stock drop coming after second restatement of financials in two years. Won dismissal of the securities claim and the plaintiffs subsequently agreed to a stipulated dismissal of the shareholder derivative action.
• Served as lead counsel for the CEO of a real estate asset management company involved in consolidated securities class actions and companion derivative cases - including a Delaware Chancery Court phase - arising out of financial statement restatement for a formerly NYSE public company.
• Represented major investment banks and securities brokerage firms in multi-district litigation involving the firms underwriting of multiple issues of taxable municipal bonds marketed with a now infamous junk bond house. Worked with co-counsel to devise a strategy to defend and successfully litigate policyholder priority, over the objection of a state insurance commissioner, for the guaranteed investment contracts underlying the bonds which contracts were issued by a defunct life insurance company. The strategy paid off and the initial claim against the firm's underwriter clients of $1.85 billion was resolved.

A substantial portion of Charlie's practice involves representing parties in bankruptcy litigation. Charlie provides legal counsel to clients who are reorganizing or restructuring to help them emerge successfully.

• Served as litigation and antitrust counsel for the Equity Committee in the Chapter 11 case of one of the largest mall owners and operators in the United States. The company successfully emerged from bankruptcy with a $5.5 billion recovery for equity.
• Served as lead bankruptcy litigation counsel for a fiberglass manufacturer in one of the largest asbestos-related bankruptcy filings ever. The case involved numerous complex inter-creditor issues, including the valuation of present and future asbestos liabilities, substantive consolidation law, and fraudulent conveyance litigation. The client emerged from bankruptcy as an investment grade company trading on the NYSE.
• Served as lead counsel for the underwriting syndicates involved in a state court life insurance company insolvency in California.
• Served as counsel to the Examiner in the bankruptcy of a major newspaper company.

Charlie also regularly represents energy and utility companies and developers who provide the infrastructure to support these enterprises in substantial business deals.

• Co-chaired the litigation team that obtained approval from the Maryland Public Service Commission for the $7.5 billion merger of utility giants Constellation Energy Group and Exelon Corporation. The merger created 6,000 jobs in the state and benefited Maryland, the city of Baltimore and Baltimore Gas & Electric customers.
• Won regulatory approvals in Maryland for an energy provider to build what would have been the first nuclear power plant constructed in 30 years had the company decided to proceed with the project.

Charlie's background as a former state government lawyer and prosecutor helps him provide clients with insight on government operations that may affect their legal cases. He has a depth of experience handling matters that involve government at the local, state and federal level.

• Led the litigation team that obtained a $35 million class action judgment representing the fire and police unions in litigation with a major U.S. city government arising from a legislative change to pension benefits for vested retirees. 
• Served as lead counsel for a major vendor providing transportation security services in the resolution of a contract dispute with the government of a major U.S. city.
• Served as lead counsel for a vendor providing technology services to a state agency involving a contract dispute, leading to a favorable pre-litigation settlement of all claims.