Melissa A. Fortunato
Professional Activities and Associations
New York State Bar Association
New Jersey Bar Association
Connecticut Bar Association
J.D., Pace University School of Law, 2013, magna cum laude. Notes Editor, Pace Environmental Law Review
B.A., Georgetown University, 2004, cum laude
United States District Court for the Eastern and Southern Districts of New York
United States Court for the District of New Jersey
United States Court for the Southern, Central, and Northern Districts of California
2014-2017 Associate, Kirby McInerney LLP
Areas of Practice
Melissa has a broad background in securities fraud, corporate governance, and other complex class action and commercial litigation on behalf of investors. Many of her cases have involved breaches of fiduciary duties by public company boards of directors, and she has represented institutional and individual stockholders in the mediation and settlement of numerous derivative and class actions.
Representative actions include:
- In re Cornerstone Therapeutics Inc. Stockholder Litigation, Cons. C.A. No. 8922-VCG (Del. Ch.). Co-lead counsel in action challenging the acquisition of Cornerstone by Chiesi Farmaceutici S.p.A. Settled for $17.88 million in additional compensation to unaffiliated shareholders.
- In re BP p.l.c. Securities Litigation, Case No. 4:10-md-2185 (S.D. Tex.). Representation of nine European investment managers in individual securities fraud actions pursuant to English law against BP p.l.c. related to the Deepwater Horizon disaster on April 20, 2010.
- Forsythe v. Nantkwest, Inc., et al., Case No. 2:16-cv-03438 (C.D. Cal.). Co-lead counsel in action challenging alleged materially false and misleading statements about the company’s accounting practices and internal controls.
- In re Supreme Industries, Inc. Securities Litigation, Case No. 3:17-cv-143-TLS-MGG (N.D. Ind.). Co-lead counsel in action challenging alleged materially false and misleading statements about the company’s order backlog as proof of strong order activity.
- Crago v. Charles Schwab & Co., Inc., and the Charles Schwab Corporation, Case No. 3:16-cv-03938-RS (N.D. Cal.). Co-lead counsel in action challenging allegedly false and misleading statements regarding Schwab’s practice of receiving payments for order flow.
- Ross and Parker v. Rhône Capital, L.L.C. et al., Case No. CACE-16-013220 (Cir. Ct. 17th Jud. Dist., Broward Cty., Fla.). Co-lead counsel in action challenging the acquisition of Elizabeth Arden by Revlon.
- Shupak v. Reed, et al., Case No. BC617444 (Cal. Super Ct., Los Angeles Cty.). Derivative action challenging alleged breaches of good faith, loyalty, and candor by officers and directors of Sempra Energy and SoCalGas related to the Porter Ranch/Aliso Canyon gas leak.
Prior to attending law school, Melissa worked in the marketing and consumer goods industries.