Mr. Apton practices out of the Washington D.C. office, where he represents institutional investors and high net worth individuals in securities fraud, corporate governance, and shareholder rights litigation. Prior to joining the firm, Mr. Apton defended corporate clients against complex mass tort, commercial, and products liability lawsuits. Thomson Reuters selected Mr. Apton to the Super Lawyers 2016 Washington DC “Rising Stars” list, a distinction given to only the top 2.5% of lawyers.
Mr. Apton currently serves as court-appointed lead counsel in several class action lawsuits throughout the United States:
- Carlton v. Cannon (KiOR Inc.), 4:13-cv-02443 (LHR) (S.D. Tex.), federal class action securities fraud lawsuit against former officers of biofuel firm KiOR, Inc., featured on CBS’s “60 Minutes”
- In re Energy Recovery Inc. Sec. Litig., 3:15-cv-00265 (N.D. Cal.), federal class action lawsuit alleging securities fraud violations against company and former chief executive officer for false projections and reports of finances and operations
- Cortina v. Anavex Life Sciences Corp., 1:15-cv-10162-JMF (S.D.N.Y.), federal class action lawsuit for market manipulation against biopharmaceutical company for promoting itself as extraordinary investment opportunity based on supposed cure for Alzheimer’s Disease
- Rux v. Meyer (Sirius XM Holdings Inc.), No. 11577 (Del. Ch.), shareholder rights lawsuit against SiriusXM’s Board of Directors for engaging in harmful related-party transactions with controlling stockholder, John. C. Malone and Liberty Media Corp.
- Stadnick v. Vivint Solar, Inc., No. 16-65 (2d Cir.), federal class action lawsuit alleging violations under the Securities Act of 1933 in connection with misleading initial public offering documents
Mr. Apton’s past representations and successes include:
- In re Violin Memory Inc. Sec. Litig., 4: 13-cv-05486-YGR (N.D. Cal.) (settlement of $7.5 million over allegations of false statements in initial public offering documents concerning sales to government sector)
- Roby v. Ocean Power Technologies, Inc., 3:14-cv-3799-FLW-LHG (D.N.J.) (settlement fund of $3 million and 380,000 shares of common stock in response to allegations over failed technology)
- Maritime Asset Management, LLC v. NeurogesX, Inc., 4: 12-cv-05034-YGR (N.D. Cal.) (recovery of $1.25 million on behalf of private offering class)
- Monson v. Friedman (Associated Estates Realty Corp.), 1:14-cv-01477-PAG (N.D. Ohio) (revoking improperly awarded stock options and implementing corporate governance preventing reoccurrence of similar violations)
- In re OCZ Technology Group, Inc. Sec. Litig., 3:12-cv-05265-RS (N.D. Cal.) (settlement fund of $7.5 million over allegations of accounting fraud relating to improper revenue recognition)
Class action lawsuits are complex and require significant time, resources, and commitment to litigate. While some investor lawsuits are more difficult than others, Mr. Apton enjoys the challenge and appreciates the uniqueness of every new case.
- New York Law School, J.D., cum laude (2009), where he served as Articles Editor of the New York Law School Law Review and interned for the New York State Supreme Court, Commercial Division
- University of Minnesota, B.A., with distinction (2006)
- New York (2010)
- United States District Court for the Southern District of New York (2010)
- United States District Court for the Eastern District of New York (2010)
- District of Columbia (2013)
- United States Court of Appeals for the Ninth Circuit (2015)
- United States Court of Appeals for the Second Circuit (2016)
- United States Court of Appeals for the Third Circuit (2016)