Securities Litigation

Our partners are experienced in litigating complex securities law actions and advising clients on the risks posed by contemplated securities transactions before litigation arises. We regularly handle cases involving claims brought under the Exchange Act and Securities Act, as well as state Blue Sky claims, in class actions and opt out matters. We have successfully represented plaintiffs and defendants in prevailing on complex securities claims. Our lawyers bring to bear a sophisticated understanding of the complex nature of modern transactions, which allows them to both devise innovative approaches and successful defensive strategies.

Representative Matters:

• Won summary judgment after class was certified dismissing all securities fraud claims brought against Michael “Mickey” Gooch and Colin Heffron. Won affirmance on appeal to the Second Circuit.
• Won dismissal of class action securities litigation alleging channel-stuffing in In re Mimedx Group Inc. Securities Litigation.
• Won summary judgment for Maiden Holdings dismissing class action securities case alleging that Maiden misrepresented its insurance reserves.
• Represented a group of hedge funds in pursuing a securities opt out claim. Obtained settlement that was 7X what the opt-out plaintiffs’ recovery would have been had they remained within the class.
• Defended Source Code Accelerate L.P. against a putative securities fraud class action asserting claims under Sections 11, 12, and 15 of the Securities Act of 1933 and obtained favorable settlement.
• Represented funds in securities opt-out actions against Goldman Sachs & Co. and other investment banks for selling SunEdison securities based on allegedly false offering materials, in breach of the 1933 Securities Act and California’s Blue Sky laws. The cases settled following fact discovery.
• Represented Catalent and its former executives and officers against a putative securities fraud class action.
• Defended affiliates of HPS Investment Partners against class claims under Section 10(b) and Section 20 of the Exchange Act and state Blue Sky laws seeking ten figures in damages. The Class Plaintiffs alleged that HPS and its board-appointee, Don Dimitrievich, committed fraud in connection with their investment in Alta Mesa Resources, an oil-and-gas SPAC venture that recently declared bankruptcy.