Mr. Flocos is a litigation partner in the firm’s New York City office. His practice emphasizes litigation that arises out of M&A transactions and corporate governance related litigation. Mr. Flocos began his legal career as a transactional lawyer at Cravath, Swaine & Moore and then became a litigator.
Mr. Flocos regularly litigates and advises clients on a variety of “deal” related disputes, including shareholder class action and derivative suits challenging public company M&A transactions, which often are multi-jurisdictional and involve expedited discovery and injunction proceedings; pre-closing disputes between the buyer and seller in an M&A deal, such as those involving claims by the buyer of fraud or “material adverse effect” and claims that specific performance is or is not available as a remedy; and post-closing disputes between the buyer and seller in an M&A deal, such as those involving claims under indemnity and escrow provisions contained in the transaction documents. He also handles other types of corporate governance and corporate control related disputes. Mr. Flocos has represented Board of Director “independent” or “special” committees considering transactions. He also follows and provides “real time” analysis of high profile M&A and corporate governance litigation for hedge fund and investment bank clients.
Part of Mr. Flocos’s practice involves working with Firm partners in the M&A, corporate governance and capital markets areas with a view to either avoiding litigation or better positioning our clients should litigation ultimately arise. For example, he provides advice from the litigation perspective on transaction structure, the language of merger agreements and stock or asset purchase agreements, and SEC filings.
Mr. Flocos also litigates class action suits arising under the federal securities laws, and litigates and advises clients on a variety of complex business and general commercial disputes.
In addition to his other litigation work, Mr. Flocos represents and advises policyholders in insurance coverage litigation and other coverage disputes, including coverage disputes arising out of M&A and other corporate transactions. A separate curriculum vitae regarding Mr. Flocos’s insurance coverage experience is available on request.
Mr. Flocos teaches M&A on an adjunct basis at the University of Pennsylvania Law School, and is also a frequent public speaker and writer on M&A issues.
Partner with K&L Gates LLP since 1999. Prior to joining K&L Gates LLP, Mr. Flocos was an associate at Cravath, Swaine & Moore, and served as a Law Clerk to the Honorable Roger J. Miner, United States Court of Appeals for the Second Circuit, in New York.
Mr. Flocos is a Lecturer in Law at the University of Pennsylvania Law School, where is teaches an M&A litigation course and has taught the general M&A course. He also has served as a Lecturer at the Wharton School of the University of Pennsylvania, where he has taught a general business law and business organizations course.
Mr. Flocos is also a member of the Board of Trustees of the Center for Financial Stability, which is an independent, nonpartisan, and nonprofit think tank focused on financial markets for the benefit of investors, officials, and the public, and which promotes a stronger and more stable financial system through innovative and practical policy-oriented research, structured dialog, education, and outreach to the public.