Tucker DeVoe

Tucker DeVoe is a partner in Goodwin’s Complex Litigation & Dispute Resolution practice and is a member of the firm’s Life Sciences Disputes group. A stand-up trial attorney who has represented clients across the country, his practice focuses on securities litigation and complex commercial disputes in the life sciences, healthcare, private equity, and venture capital sectors, including antitrust litigation, class action defense, M&A litigation, corporate governance matters, economic damages, and government investigations and litigation.

Tucker regularly represents and provides advice to companies and their officers and directors at all stages of litigation in both state and federal court, including dispositive motion practice, complex discovery, mediation and arbitration, trial, and appeal. Tucker also counsels clients on regulatory compliance, due diligence, regulatory disclosures, and litigation risk management.

Tucker’s litigation experience includes securities and stockholder litigation, antitrust litigation, complex partnership and business disputes, appellate litigation, financial consumer protection litigation, and white collar litigation and investigations. Tucker has experience in all phases of litigation, including class actions, fact and expert discovery, motion practice, arbitrations, trial, and federal and state court appeals.

Tucker’s recent work includes:

• Teva Pharmaceuticals (2023).  Secured defense verdict on the merits of a private antitrust reverse payment claim at a six-week jury trial in California federal court seeking damages of $3.8 billion (before mandatory trebling).  Tucker served as a stand-up trial attorney, examining and cross-examining witnesses called by both plaintiffs and defendants.  Tucker also contributed to substantive pre-trial and trial briefing.
• BELLUS Health (2022). Obtained dismissal of securities fraud class action in the Southern District of New York alleging that BELLUS Health and certain of its officers violated Sections 10(b) and 20(a) and Rule 10b-5 of the Securities Exchange Act of 1934 and Sections 11, 12(a)(2), and 15 of the Securities Act of 1933, in which Tucker argued BELLUS Health’s motion to dismiss.
• Mimecast Limited (2022). Obtained voluntary dismissal of securities litigation under Section 14(a) of the Securities Exchange Act of 1934 against the board of directors in connection with the $5.8 billion sale of Mimecast to Permira.
• Dr. Reddy’s Laboratories (2021). Represented Dr. Reddy’s in litigation concerning the at-risk launch of a generic equivalent to Vimovo®, including strategy regarding economic damages, in which Tucker defended the deposition of Dr. Reddy’s lead damages expert and took the deposition of the opposing parties’ lead damages expert.
• Alkermes (2021). Won affirmance in the Second Circuit of dismissal with prejudice of securities class action alleging that Alkermes and certain of its officers violated Sections 10(b) and 20(a) and Rule 10b-5 of the Securities Exchange Act of 1934 in connection with disclosures surrounding the FDA approval process for an innovative drug for MDD.
• Represented a nationwide healthcare provider at a weeklong bench trial concerning contractual disputes in the purchase and sale agreement of a subsidiary, in which Tucker provided an opening statement and conducted several direct and cross-examinations, including of expert witnesses.
• Cancer Genetics (2020). Won dismissal with prejudice of a securities class action in the US District Court for the District of New Jersey following oral argument alleging violations of under Section 10(b) and Rule 10b5-1 of the Securities Exchange Act of 1934 against a public life sciences company and certain of its officers arising out of alleged misrepresentations concerning the integration of an acquired subsidiary, in which Tucker argued Cancer Genetics’ motion to dismiss.
• Represented a public biotechnology company and an executive in an investigation before the Securities and Exchange Commission.
• Won dismissal with prejudice in the US District Court for the District of New Jersey following oral argument of a securities class action under Section 10(b) and Rule 10b5-1 against a public life sciences company and its officers arising out of alleged misrepresentations concerning the integration of an acquired subsidiary.
• Argued before the US Eighth Circuit and co-authored appellate briefing concerning a motion to dismiss in a securities class action.
• Represented a global life sciences company in a licensing and collaboration dispute in an arbitration before the International Chamber of Commerce, International Court of Arbitration.
• Arbitrated a complex partnership dispute and partnership separation, obtaining highly favorable separation terms for client, in which Tucker second-chaired the arbitration, examined witnesses, and drafted arbitration briefs and memoranda.
• Defended various public companies and their officers and directors in securities class actions, merger litigation and derivative suits across a range of jurisdictions, including drafting dispositive motions, arguing evidentiary disputes, and conducting and defending depositions.
• Provided advice to various public companies concerning filings with the Securities Exchange Commission and disclosures to public markets concerning company performance, ongoing litigation, and mergers and acquisition transactions.

In addition, in 2019, Tucker gained significant trial experience during a six-month secondment with the Middlesex County District Attorney’s Office, where he served as a Special Assistant District Attorney in the Lowell, Massachusetts District Court. In that capacity, he prosecuted hundreds of felony and misdemeanor crimes; independently conducted 8 jury and bench trials to final verdict; and argued dozens of dispositive and evidentiary motions.

Tucker is a member of the Boston Bar Association.

Tucker was a semi-finalist and served as an oralist for his team in the Ames Moot Court Competition at Harvard Law School.

Tucker’s recent publications and presentations include:

• Speaker, “2023-2024 Key Trends and Updates: Securities Litigation Against Life Sciences Companies,” April 3, 2024
• Co-Author, “Securities Litigation Against Life Sciences Companies 2023 Year in Review,” March 2024
• Co-Author, “Acquirer Beware: ‘Material Adverse Effects’ In Merger Contracts And How Shifting Reimbursement Rates Impact The Healthcare Sector” Goodwin Client Alert, August 2021.
• Co-Author, “Next for America’s Nursing Homes: A Legal Pandemic” New York Law Journal, June 2020.
• Co-Author, “Satisfying ‘Commercially Reasonable Efforts’ / ‘Best Efforts’ Clauses in Today’s Environment” Goodwin Client Alert, March 2020.

Tucker is a contributor to Goodwin's Securities Snapshot, a bi-weekly newsletter highlighting important news and developments in civil and criminal securities law.