Securities and Governance Litigation

Overview

Our nationwide team of more than 50 attorneys comprises full-time securities litigators, former Securities and Exchange Commission (SEC) and Department of Justice (DOJ) enforcement trial lawyers, and prominent commercial litigators. Our turnkey team features the full skill set our clients need to win at each stage of the litigation.

We are devoted to winning every case at the earliest possible time. We have an excellent track record of obtaining dismissals prior to any discovery. But if the case survives a motion to dismiss, we don’t just throw in the towel: we stand ready to defeat or limit class certification, prevail on summary judgment, and take the case to trial. We are committed to putting “litigation” back in securities and governance litigation.

Of course, we are always attuned to the right time to engage in mediation. Litigating to win – up to and including trial if necessary – best positions our clients to achieve settlements that protect their reputations and resources. Through decades of experience, we have gained the respect of key mediators, plaintiffs’ counsel, and D&O insurers and brokers. These relationships are critical to effective mediation of securities and governance cases.

We are also sensitive to the economics of each case. Increasingly, plaintiffs’ lawyers are pursuing securities and governance cases against both small and large public companies. We have the ability to scale our team and approach to defend every case both efficiently and effectively. We also are highly experienced in the use of document-processing technology to handle discovery documents and help marshal key facts – which leads to significant efficiencies.

All of this is about protecting people. At the core of every securities or governance case are people accused of doing something wrong – not just directors and officers but also hardworking company employees who find themselves at the center of a securities suit. We focus our defense of each case on these people. From designing legal arguments that defend their honesty, to client-focused economics that maximize their insurance protection, to sensitivity to the stress the litigation may cause them, we work hard to protect people and keep them as comfortable as possible. Protecting people is our top priority in every case.

Select Experience

Our representative experience includes the following engagements:

  • Represented a specialty retailer and its directors and officers in a securities class action and related shareholder derivative litigation in the Western District of Washington alleging false financial forecasts and insider trading. Obtained a dismissal of the securities case with prejudice on the first motion to dismiss and a voluntary dismissal of the derivative litigation.
  • Currently representing a technology company and its officers in a securities class action in the Eastern District of New York arising out of a short-seller report.
  • Represented a diversified public company and its directors and officers in a securities class action and related shareholder derivative litigation in the District of Nevada arising out of a short-seller report. After we filed a motion to dismiss, the securities and derivative litigation plaintiffs agreed to dismiss the litigation without prejudice.
  • Represented a beverage company and its officers and directors in a securities class action in the Middle District of North Carolina alleging false statements in the company’s registration statements and prospectuses for its initial public offering and secondary public offering as well as in quarterly SEC filings, press releases and conference calls. Obtained a dismissal with prejudice on the first motion to dismiss.

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Professionals

Name Title Office Email
Partner Washington, D.C.
Associate New York
Associate New York
Associate Seattle
Counsel New York
Partner New York
Partner Houston
Partner New York
Associate New York
Counsel New York
Partner Los Angeles
Partner Washington, D.C.
Partner Denver
Partner New York
Counsel New York
Associate New York
Partner New York
Partner Seattle
Partner New York
Partner Seattle
Counsel Chicago
Associate New York
Partner Philadelphia
Associate New York
Partner New York
Partner New York
Counsel Columbus
Partner Orlando
Of Counsel Columbus
Partner Los Angeles
Associate New York
Associate New York
Associate Seattle
Associate New York
Partner New York
Partner Cleveland
Associate Houston
Partner New York
Partner Denver
Counsel New York
Partner Cleveland
Partner Los Angeles
Associate Washington, D.C.
Partner New York
Associate Cleveland
Partner Orlando
Partner New York
Partner New York
Partner Washington, D.C.
Associate Seattle
Associate New York
Associate New York
Of Counsel Washington, D.C.
Associate Washington, D.C.
Partner Cleveland
Associate New York
Partner Houston
Partner Columbus
Associate Los Angeles
Partner New York

Experience

Our representative experience includes the following engagements:

  • Represented a specialty retailer and its directors and officers in a securities class action and related shareholder derivative litigation in the Western District of Washington alleging false financial forecasts and insider trading. Obtained a dismissal of the securities case with prejudice on the first motion to dismiss and a voluntary dismissal of the derivative litigation.
  • Currently representing a technology company and its officers in a securities class action in the Eastern District of New York arising out of a short-seller report.
  • Represented a diversified public company and its directors and officers in a securities class action and related shareholder derivative litigation in the District of Nevada arising out of a short-seller report. After we filed a motion to dismiss, the securities and derivative litigation plaintiffs agreed to voluntarily dismiss the litigation without prejudice.
  • Represented a beverage company and its officers and directors in a securities class action in the Middle District of North Carolina alleging false statements in the company’s registration statements and prospectuses for its initial public offering and secondary public offering as well as in quarterly SEC filings, press releases and conference calls. Obtained a dismissal with prejudice on the first motion to dismiss.
  • Represented the former CEO of a biotech firm in a securities class action in the Middle District of Florida alleging false statements in connection with the process of seeking Food and Drug Administration approval of a drug candidate. While our motion to dismiss was pending, the parties engaged in mediation, and the litigation was resolved for only $1.25 million.
  • Represented a director of a real estate investment trust in an ongoing securities class action in the Southern District of New York arising out of an acquisition by a related public company. Obtained a voluntary dismissal for our client.
  • Represented a well-known, highly successful South American businessman and his companies in several related federal and state litigations arising from an investment fraud involving an alleged Swiss bank affiliate. We filed an appeal of an international arbitration lost by our client’s former counsel, resulting in an eight-figure settlement in favor of our client. With that in hand, we leveraged that settlement to resolve for no payment by the clients in several other cases that named them as defendants.
  • Currently representing a Fortune 500 oil and gas company in connection with a securities class action in the Eastern District of New York arising out of a $4.5 billion acquisition and the merger consideration paid thereunder, with substantial motion practice as well as class certification issues pending before the Second Circuit. The post-merger securities fraud class action relates to the calculation of merger consideration in connection with the post-closing conditions precedent.
  • Represented the former officers of a major governmental financial institution under parallel investigations brought by multiple federal agencies, including the SEC and related class action litigation following a $4.5 billion accounting restatement. Following a Wells process, we convinced the SEC not to bring formal charges against our clients.

Recognition

  • The Legal 500 United States: Dispute Resolution: Securities litigation – defense (2015, 2016, 2018)
  • Chambers USA: Litigation
    • Ohio (2007 to 2018)
      • Band 2
    • Recognized Practitioner in Florida (2014 to 2018)
    • Litigation: General Commercial – Washington – one lawyer (2016 to 2017)
    • Litigation: Securities – New York – one lawyer (2014 to 2017)
  • Recognized as one of the top law firms for client service, we were named to the 2018 BTI Client Service 30 for the fourth consecutive year
  • U.S. News – Best Lawyers “Best Law Firms” Litigation – Securities – Metro Columbus, Tier 2 (2016)
  • The Best Lawyers in America© – one lawyer named in Litigation – Securities (2016)
  • Super Lawyers, Securities Litigation – one lawyer named Washington Super Lawyer (2004 to 2017), Washington Rising Star (2003)
  • Benchmark Litigation, Securities – one lawyer named Local Litigation Star (2015 to 2018)

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Key Contacts