Securities Litigation



We provide efficient and strategic advice and litigation representation to resolve high exposure securities actions faced by individual directors, officers and their companies.

Our approach

Plaintiffs and enforcement agencies are increasingly targeting directors and officers and their companies in class actions, derivative actions, enforcement matters and government investigations alleging misrepresentations in securities filings. State securities enforcement divisions are regularly keeping a lookout for corporate fraud, trading violations and unsuitable recommendation practices. Meanwhile, securities law issues are growing more prevalent in private investment funds and complex derivative investments disputes.

Our securities litigators help clients limit exposure from the earliest phases of an internal investigation through complex litigation. By using their deep knowledge of state and federal securities laws and leveraging longstanding and valuable relationships with federal and state regulators, our team of attorneys, which includes many former federal and state prosecutors, are ready to serve your needs.

We have successfully represented companies and their executives through an extensive evolution of securities actions up through and after the financial crisis of 2008. This includes matters involving analyst conflicts, software revenue recognition, market timing in mutual funds, stock-option backdating, residential mortgage-backed securities, LIBOR manipulation, China IPO issues and a host of complex derivative investments such as CDOs. We’ve successfully protected our clients’ interests in securities class-action suits, shareholder derivative claims, state and SEC investigations and enforcement actions and FINRA arbitrations. 

Our veteran trial lawyers and investigators are very experienced in helping individuals and businesses navigate complex state and federal securities investigations and litigation. We understand our clients’ businesses and recognize the high financial and personal costs that prolonged disputes have on corporate performance and individual lives. We leverage our extensive experience and knowledge to generate the best results for clients confronting high-stakes securities matters.

We work with

  • Individual directors and officers of public and private companies
  • Public and private companies
  • Participants in complex derivative financial instruments, including CDOs, CLOs, RMBs, CMBs and other ABs, CDS’s and REITs.
  • Banks and other financial service institutions, and their officers and directors

Recent experience

We have successfully defended:

  • A major pharmaceutical company against shareholder class action and derivative claims in Delaware and Massachusetts challenging disclosures in merger proxies. 
  • A fund collateral asset manager in SEC enforcement action in New York federal court alleging failure to disclose that complex $1.2 billion dollar CDO portfolio was purportedly selected by hedge fund that shorted certain portfolio assets.
  • The CEO of public software company in 15-day federal jury trial in an SEC enforcement action alleging improper revenue recognition for software sales.
  • Multiple issuers and co-issuer defendants in securities fraud claims brought by a bank alleging losses from CDO issuances backed by pools of trust-preferred securities.

We have also successfully prosecuted on behalf of:

  • A corporate trustee in a complex interpleader action in New York federal court concerning the use of funds for investments in connection with a billion dollar collateralized loan obligation.

Is the SEC Making Cannava a Scapegoat In 38 Studios Case?

The Bond Buyer | May 11, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article discussing the memorandum of law in support of Peter Cannava’s motion to dismiss the SEC’s complaint against him.

Cybersecurity Best Practices for Senior Bank Management

Bloomberg BNA Banking Report | March 21, 2016

Chicago partner Susan Feibus authored this column about important considerations for financial institutions to take in terms of policies and procedures that address the cyber threat environment and resilience to cyber attacks.

Private Fund Regulation in 2015—SEC Levels Up

Law360 | December 18, 2015

Boston partner and deputy chairman of the Private Investment Fund Disputes team Stephen LaRose and Boston associate Kathleen Ceglarski Burns co-authored this article. The piece discusses how the U.S. Securities and Exchange Commission’s focus on private fund advisers has shifted from learning and information gathering to examination and enforcement activity.

A Broadening Risk of Securities Liability after Omnicare

Law360 | July 09, 2015

Boston Commercial Litigation partners Matt McLaughlin and George Skelly authored this column discussing the “case revival” trend following U.S. Supreme Court's decision in Omnicare Inc. v. Laborers District Council Construction Industry Pension Fund.

  • U.S. News/Best Lawyers “Best Law Firms” ranked as National Tier One in Commercial Litigation, Litigation—First Amendment, Litigation—Labor & Employment and Mass Tort Litigation/Class Actions—Defendants. Received Tier One Metropolitan Honors in Commercial Litigation, Criminal Defense: White Collar, Litigation—Banking & Finance, Litigation—Bankruptcy, Litigation—First Amendment, Litigation—Labor & Employment, Litigation—Securities, Litigation—Tax, Mass Tort Litigation/Class Actions—Defendants, and Product Liability Litigation—Defendants in numerous cities throughout the U.S.
  • Best Lawyers “Lawyers of the Year” 2014
    • Scott O'Connell, Boston Litigation—Banking & Finance, Securities (2013)
    • Carolyn G. Nussbaum, Rochester—NY Litigation —Securities
    • Susan C. Roney, Buffalo— Civil Rights Law
  • BTI Litigation Outlook 2014
    • “Most Feared Law Firms”—Honor Roll
    • Strong Performance—IP Litigation, Commercial Litigation, Product Liability Litigation
  • Chambers USA/Global
  • Legal 500
  • Law 360 —Employment 100
  • Benchmark: Litigation/Appellate
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