Eben Colby is a partner with Skadden’s Litigation Group in the firm’s Boston office. His practice involves a wide range of large-scale and complex commercial, corporate and regulatory matters, with a particular focus on representing mutual fund companies and other asset management businesses. Mr. Colby has litigated in state and federal courts, trial and appellate, around the United States, regulatory and administrative proceedings, and private arbitrations and mediations.
Mr. Colby’s notable matters include:
obtaining a jury verdict in a Massachusetts business court in favor of a large asset manager and fiduciary trust company in an action brought by a former executive involving deferred compensation and other claims, including successfully obtaining a jury finding that the former executive breached fiduciary duties;
representing a top-tier international asset manager defending an action brought under Section 36(b) of the Investment Company Act challenging its receipt of hundreds of millions of dollars of management fees;
representing a special committee of the board of directors of a large custody bank in an independent investigation of pay-to-play allegations;
defending large asset management firms and their employees in SEC insider trading investigations as well as conducting independent investigations into potentially improper conduct by portfolio managers and others;
securing summary judgment dismissal of Rule 10b-5 claims against one of the nation’s largest mutual fund companies in an MDL proceeding consolidating more than 80 putative class actions;
representing a major mutual fund company defending an ERISA class action alleging that it breached its fiduciary duties by offering proprietary funds in its retirement plan and that it failed to monitor those investment options;
representing an institutional money manager in the successful defense of fraud, RICO, breach of contract and other claims brought by a corporate pension plan in a private arbitration;
securing summary judgment dismissal, affirmed on appeal, of state court fraud, breach of fiduciary duty and other claims against an investment adviser brought by a state employees’ retirement system;
representing a large investment adviser in multiple employment disputes involving fiduciary duty, wrongful termination and contract claims concerning tens of millions of dollars of compensation;
representing mutual fund firms in a broad range of investigations and enforcement actions by the SEC, the DOJ, and state and self-regulatory agencies;
representing a Massachusetts high-technology company in theft of confidential information, covenant not to compete and “employee raiding” litigation; and
representing high-technology and pharmaceutical companies in SEC insider trading investigations related to acquisitions and FDA approval processes.
Mr. Colby was named a 2016 “Asset Management Rising Star” by Law360 and was selected as one of the National Law Journal’s “Rising Stars” in Boston for 2014.
Mr. Colby is active in various pro bono matters. He was awarded the 2013 Women’s Bar Foundation Pro Bono Award for his work in abuse prevention cases for clients in crisis due to domestic violence. Mr. Colby also led a Skadden team in a consortium of firms representing Indian welders and pipefitters brought to the Gulf Coast after Hurricanes Katrina and Rita in the nation’s largest-ever labor trafficking suit, obtaining a historic settlement valued at over $20 million as well as apologies from the perpetrators of the scheme to its victims. In 2015, Skadden was among those honored with the “Global Citizenship Award (Grand Prize)” at The American Lawyer “Global Legal Awards” for representing Indian guest workers in the largest series of labor trafficking cases in U.S. history.
U.S. District Courts for Massachusetts and Maine
U.S. Court of Appeals for the First and Fourth Circuits
J.D., University of Connecticut School of Law, 2001 (with honors)
B.A., Georgetown University, 1998
Law Clerk to the Hon. William J. Sullivan, Chief Justice, Connecticut Supreme Court (2001-2002)
Co-Chair, Boston Bar Association, Sub-Committee on Civil Enforcement