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Biography
Andrew Morganti is a Shareholder and member of Berger Montague’s Securities Fraud & Investor Protection Department. Mr. Morganti concentrates his practice on cross-border shareholder litigation. Within the past several years his practice has focused on litigating claims across Canada that include class members located across North American and Europe.
He has worked on some of the largest shareholder class actions including In re Initial Public Offering Sec. Litig., 21 MC 92 (S.D.N.Y.) and In re Valeant Pharmaceutical Sec. Litig., 500-06-0011-157 (Quebec). He also has experience representing investors that received restricted shares advancing a cause of action for rescission, Myers v. Move, Inc. and Merrill Lynch & Co., BC 312115 (L.A. Sup. Crt.)(defeated a motion to dismiss based upon tainted research reports).
Mr. Morganti has also worked on several important antitrust cases that were litigated in both Canada and the United States, including In re Electronic Books, CV-12-17511-00CP, In re Polyurethane Foam, CV-10-15164-00CP, In re Cardizem CD, MDL No. 1278 (E.D. Mich.), and In re Sodium Warfarin, MDL No. 1232 (D. Del.). He also provided evidence to the U.S. Senate’s Permanent Subcommittee of Investigations that evolved into the action U.S. CFTC v. Dairy Farmers of America, Inc., CFTC Docket No. 09-02.
Prominent Judgments and Settlements
- In re Aurora Cannabis, Inc., CV-12747, Successfully argued that rescission is a viable remedy in a shareholder class action context. Landry v. Aurora Cannabis, Inc. 2025 ABKB 387 (Alberta).
- In re Colt Resources Inc., CV-17-578980-00CP. Successfully argued “leave to proceed,” and the court affirmed that when C-level executives abruptly depart disclosures must be made as to why; “storm warnings” adopted by Ontario courts. Kauf v. Colt Resources, Inc., 2019 ONSC 2179.
- In re Ithaca Energy Ltd. Sec. Litig., CV-15-05830 (Alberta). Secured the first order under the Alberta Securities Act, Secondary Market Liability granting “leave to proceed” and certification of a class that included shares listed on the USOTC market, TSXV, and London AIM. Stevens v. Ithaca Energy Ltd., 2019 ABQB 474. The case settled for $9 million.
Professional Leadership
- Chair of International Class Actions Subcommittee, American Bar Association, Class Actions & Derivative Suits (“CADS”) (2025 – present).
- Vice Chair of Programs, American Bar Association, CADS Subcommittee (2010 – 2014).
- Chair and Vice Chair, State Bar of Michigan, Antitrust and Trade Regulations (2009 – 2011).
Speaking Engagements
- “Annual Shareholder Litigation Synopsis,” University of Michigan Law School (February 2007, January 2008, March 2009, February 2010, October 2010, January 2011, February 2012, May 2019, and June 2021).
- Offshore Alert (London, UK November 2019 and Miami, FL April 2018).
- “Practicing Internal Litigation,” Michigan State University Law (November 2009 and March 2022).
- “Who’s Liable Now? The Ever Changing Face of Secondary Liability for Securities Fraud,” ABA CADS (April 2012).
- “Corporate Leniency: Era of Increased Enforcement,” State Bar of Michigan (September 2011).
- “The Globalization of Securities Class Actions,” ABA CADS (May 2009).
Honors & Awards
- ISS Top 50 Plaintiff Securities Class Action Recoveries (2017, 2018, 2019, 2021, and 2023)
Publications
- “Emerging Trends in Certification of Antitrust Class Actions in Canada”, ABA Antitrust Journal (Summer, 2010).
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Admissions
- Member – District of Columbia
- Member – Province of Ontario
- Member – State of Michigan
- Member – State of New York