Our Securities and Derivatives Litigation group has defended, prosecuted and arbitrated hundreds of disputes and performed numerous internal and independent investigations. Financial institutions and officers and directors of Fortune 500 corporations call on us to lead investigations into troubled financial transactions. We also handle lawsuits and internal investigations involving violations of federal securities and commodities laws, as well as state shareholder and fraud statutes. We are a regular participant in NASD/FINRA and New York Stock Exchange arbitrations.

Our recent experience includes:

  • Represented the Board of Directors of a Fortune 500 pharmaceutical company in a shareholder derivative litigation that alleged breaches of fiduciary duties in connection with the manufacturing, production, distribution and marketing of various medical and consumer products and devices. The case was filed in the U.S. District Court for the District of New Jersey.
  • Successfully defended the Chief Designer of a major retailer in a derivative action brought against him and the Company in the Supreme Court for the State of New York.
  • Successfully defended a provider of wireless device services and its Chief Executive Officer in a derivative action brought against him, the company and certain members of the company’s Board of Directors, following announcement of a proposed merger.
  • In response to a derivative demand, conducted an internal investigation into compensation practices at a Fortune 100 financial institution. Following disclosure of our investigative report to counsel, the putative plaintiff chose not to move forward with its lawsuit.
  • In response to a derivative demand, conducted an investigation into an exclusive licensing agreement entered into between a large telecommunications company and a leading manufacturer of smart phones. Following disclosure of our investigative report to counsel, the putative plaintiff chose not to move forward with his lawsuit.
  • Represented one of the world’s largest providers of travel and real estate services in its highly-complex fraud litigation with its former auditor. Our lawyers successfully defended against the accounting firm's motion to dismiss our client's claims. With billions of dollars at stake, the case was among the largest client lawsuits against a Big Four accounting firm for audit malpractice.
  • Pursuant to a Securities and Exchange Commission decree, appointed and acted as the Independent Compliance Consultant to two major mutual fund advisers.
  • Negotiated a multi-million dollar settlement on behalf of a client that alleged wrongdoing by a major financial institution in connection with multiple mortgage-backed securities issuances.
  • Represented major financial and insurance institutions (end-users) in derivatives disputes involving some of the world’s leading derivatives dealers. We represented these key end-users in a variety of disputes regarding single-name, multi-name and CLN-embedded credit derivative swaps, involving Credit Event disputes, calculation disputes and issues of preservation of rights. See, e.g., Deutsche Bank AG v. Ambac Credit Products LLC, 2006 WL 1867497 (S.D.N.Y.).
  • Successfully represented an end-user group in the International Swaps and Derivatives Association drafting process against industry-leading dealers regarding an industry-wide credit derivatives definitions controversy. Our representations of individual institutional clients against major dealers have included successful arbitration and settlement talks.
  • Represented a defendant in Conor Medsystems, et al adv. Capital Trading. We convinced the plaintiff to voluntarily dismiss our client, one of the covered defendants, within a few days of taking over the case.
  • Successfully represented a financial services company in an arbitration over a dispute that alleged our client was liable for a series of failed trades arising out of a merger.
  • Defeated a demand against a venture capital firm in an arbitration proceeding that involved complex derivative strategies used to hedge an investment in a high-tech deal.
  • Investigated a complex fraud scheme involving the privatization of state-owned enterprises in Azerbaijan, and launched cases around the world to freeze $80 million worth of assets and recover the funds for a major insurance company.
  • Represented Finland's largest company in an investigation and potential litigation against major brokerage firms arising out of over $100 million in losses on oil futures trading.
  • Worked out a major dispute that a clearing broker had with a client inherited through an acquisition.
  • Prosecuted a series of multinational arbitrations and lawsuits on behalf of the government of Chile and the copper producer arising out of the trading scandal – and recovered millions of dollars for our clients that had been held in numerous bank accounts.
  • Won a multi-million dollar decision for a Mexican bank in its arbitration with Bank of Montreal over its acquisition of an ownership interest in Bancomer.
  • Obtained summary judgment for a Fortune 500 company dismissing a securities action over a public offering of preferred stock.