Bratusov v. ComScore, Inc.


Vinson & Elkins represented comScore, Inc and two of its executives, Bryan Wiener and Gregory A. Fink.

Comscore defeated putative securities class action in New York Federal Court alleging that an internal strategy disagreement between Comscore’s executives and the company’s board of directors should have been disclosed to investors.

Siding with V&E’s motion to dismiss filed on November 25, 2019, the Court concluded that there is no duty to disclose an internal business disagreement. The Court also held that Comscore’s public statements cited by Plaintiffs concerning its cross-platform measurement strategy were not false, finding that nothing in the complaint indicates that the company ever abandoned its strategy of establishing a cross-platform measurement currency throughout the class period, even if the prioritization of means to achieve that goal may have shifted over time.

The V&E defense team included partner Clifford Thau (Picture), counsel Marisa Antos-Fallon and associate David Hoffman.

Glancy Prongay and Murray LLP team represented Sergii Bratusov and included Brian D Brooks, Ex Kanos S Sams II and Lesley Frank Portnoy.

Involved fees earner: Brian Brooks – Glancy Prongay and Murray LLP; Lesley Frank Portnoy – Glancy Prongay and Murray LLP; Ex Kanos S. Sams II – Glancy Prongay and Murray LLP; Marisa Antos-Fallon – Vinson & Elkins LLP; David Adam Hoffman – Vinson & Elkins LLP; Clifford Thau – Vinson & Elkins LLP;

Law Firms: Glancy Prongay and Murray LLP; Vinson & Elkins LLP;

Clients: Bryan Wiener; ComScore, Inc.; Gregory A. Fink; Sergii Bratusov;

Author: Ambrogio Visconti