Securities Litigation

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.