Gay Parks Rainville

Gay Parks Rainville

Of Counsel

Philadelphia, PA
Phone: 215.981.4952    Fax: 215.981.4750

rainvilleg@pepperlaw.com

The following engagements are representative of Ms. Rainville’s practice:

Successful Case-Dispositive Results in Securities Class Actions and Other Complex Litigation

  • Building Trades United Pension Trust Fund v. Kenexa Corporation, et al., No. 09-2642 (E.D. Pa.) – in September 2010 obtained dismissal of federal securities class action complaint alleging certain of Kenexa Corporation’s earnings forecasts were materially false and misleading
  • Borochoff v. GlaxoSmithKline PLC, No. 08-4363 (2nd Cir.) – in August 2009 obtained affirmance of district court’s dismissal of federal securities class action complaint alleging that GSK failed to disclose material information relating to the safety profile of its prescription medicine, Avandia
  • Lanre Rotimi Rollover IRA v. Driscoll, et al., (N.D. Cal.) – helped defend GlaxoSmithKline in putative class action brought by shareholders of Genelabs Technologies in connection with GSK’s acquisition of the company; the plaintiff voluntarily dismissed the lawsuit in February 2009
  • Costa Brava Partnership III, LP v. MedQuist Inc., et al., No. 08-3816 (D.N.J.) – in August 2008 helped defeat minority shareholder’s application for temporary restraining order intended to block majority shareholder’s $400 million stock transfer, resulting in plaintiff’s voluntary dismissal of lawsuit
  • Newcastle Partners, L.P., et al. v. Koninklijke Philips Electronics, N.V., et al., No. C-083-08 (New Jersey Superior Court, Chancery Division, Burlington Co.) – in July 2008 helped defeat minority shareholders’ attempt to preliminarily enjoin majority shareholder’s $400 million stock transfer
  • In re Discovery Laboratories Securities Litigation, No. 07-2080 (3d Cir.) – in April 2008 obtained affirmance of district court’s 2007 dismissal of federal securities class action complaint against Discovery Labs for allegedly misrepresenting the company’s ability to meet certain requirements for regulatory approval of Surfaxin in the United States and Europe
  • In re Eli Lilly and Company Securities Litigation, No. 07-01310 (E.D.N.Y.) – in April 2008 obtained dismissal of federal securities class action complaint that Lilly failed to disclose material safety and marketing information regarding its prescription medicine, Zyprexa
  • In re Astea International Inc. Securities Litigation, No. 06-1467 (E.D. Pa.) – in August 2007 obtained dismissal of federal securities class action complaint against Astea for alleged material misstatements in interim financial statements that the company restated
  • Decker v. Boyd, No. 07-922 (E.D. Pa.) – in June 2007 obtained dismissal of complaint against Longport, Inc., a small ultrasound imaging company, for alleged violations of Section 14(a) of the Securities Exchange Act
  • In re Discovery Laboratories, Inc. Derivative Litigation, No. 06-2058 (E.D. Pa.) – in May 2007 obtained dismissal of derivative action filed against Discovery Labs’ officers and directors for alleged breach of fiduciary duty in allowing the company to allegedly misrepresent the company’s ability to meet certain requirements for regulatory approval of Surfaxin
  • Wilson v. Bernstock, No. 01-0272, (D. N.J.) – in January 2002 obtained dismissal of federal securities class action complaint filed against former CEO and CFO of Vlasic Foods International, Inc. for allegedly misrepresenting the status of the company’s internal controls and financial condition
  • Precision Surgical, Inc. v. Tyco Intern., Ltd., No. 00-990 (E.D. Pa.) – in August 2000 obtained dismissal of antitrust complaint brought by terminated distributors against Tyco’s subsidiary and surgical device manufacturer, United States Surgical Corporation, for alleged violations of Section 2 of the Sherman Act.

Other Securities Class Actions and Complex Litigation Representations

  • Curran v. Freshpet, Inc.,et al., (D.N.J.) – currently represent the defendant corporation and corporate officers in putative securities class action
  • In re DFC Global Corp. Securities Litigation, (E.D. Pa.) – currently represent the defendant corporation and corporate officers in consolidated securities class action involving claims brought under the Securities Exchange Act of 1934 and the Securities Act of 1933
  • Moshe Meisels, et al. v. Fox Rothschild LLP, et al. (N.J. Super Ct., Mercer Cty – Law Division) – in April 2016 helped obtain summary judgment in tort action (currently on appeal)
  • Frater v. Hemispherx BioPharma, Inc. (E.D. Pa.) – in July 2015 obtained favorable settlement of Rule 10b-5 class action on behalf of the defendant corporation and certain of its current and former officers; currently represent certain of the corporation’s current and former officers and directors in related derivative actions
  • Anderson v. PolyMedix, Inc. (E.D. Pa.) – in April 2015 obtained favorable settlement of Rule 10b-5 class action on behalf of certain of PolyMedix’s former corporate officers
  • In re UniTek Global Services, Inc. Securities Litigation (E.D. Pa.) – in July 2014 helped obtain a favorable settlement of Rule 10b-5 claims against defendant corporation and two corporate officers In re Cybex International Shareholders Litigation (N.Y. Super. Ct.) – helped defend corporate officers in shareholder lawsuit challenging going private transaction, which defense resulted in early settlement favorable to the clients in July 2014
  • Rosenfarb v. Nestlé Waters North America Inc., et al., No. 11-4693 (E.D. Pa.) – helped defend against putative class action claims brought under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, which defense resulted in an early settlement favorable to the client in November 2011
  • Lawrence v. Aquilina, et al., No. C-018-11 (New Jersey Superior Court, Chancery Division, Burlington Co.) – helped defend MedQuist, Inc. and its Board of Directors against putative class action claims brought by minority shareholders challenging the fairness of an exchange offer transaction, which defense resulted in an early settlement favorable to the client in March 2011
  • In re Hemispherx Biopharma, Inc. Litigation, No. 09-5262 (E.D. Pa.) – in August 2010 obtained a favorable settlement of federal securities fraud claims against company and corporate officers, and in November 2010 obtained a favorable settlement of shareholder derivative claims against corporate officers and directors
  • Mercantile Capital, L.P. v. Goldstein, Golub Kessler, L.P., No. 001202 (CCP, Phila. Co., June Term 2005) – defended former outside directors of a defunct Internet company against breach of fiduciary duty claims brought by the company’s principal creditor, which ultimately settled on terms favorable to clients
  • In re ViroPharma Inc. Securities Litigation, No. 02-1627 (E.D. Pa.) – in April 2003 obtained partial dismissal and in 2004 ultimately favorable settlement of a federal securities class action complaint filed against ViroPharma after an FDA Advisory Committee decided not to recommend approval of Plenconaril
  • In re InaCom Corporation Securities Litigation, No. 00-701 (D. Del.), Stark Investments, L.P. v. Fairfield, No. 01-094 (D. Del.), and SEC v. Guenthner, No. 8:02CV10 (D. Neb.) – defended former CFO of InaCom, a major computer reseller, in federal securities class action and related litigation, which ultimately settled on terms favorable to client in 2002, and in a related SEC enforcement action, which the court dismissed at the conclusion of trial in September 2005
  • In re Equimed, Inc. Securities Litigation, No. 98-5374 (E.D. Pa.) – in 2002 favorably settled federal securities class action complaint against the officers and directors of EquiMed, Inc., a physician practice management company, regarding claims that they had misrepresented the company’s financial condition.

 

Education

  • J.D., Northwestern University School of Law, 1988
  • M.A.T., Northwestern University School of Education and Social Policy, 1978
  • B.A., English, Denison University, 1977

Bar Admissions

  • Pennsylvania

Court Admissions

  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, Eastern District of Pennsylvania

Practice Areas