Securities and shareholder litigation
Litigators for high-stakes securities, M&A, and shareholder litigation matters.
Our securities and shareholder litigation attorneys are widely recognized as being among the elite practitioners in their field, with a long track record of obtaining dismissals for leading corporations, financial institutions and executives in high-stakes securities class actions, M&A-related litigation, and shareholder derivative matters, as well as advising on related issues and potential disputes before they reach state or federal courts.
We have unrivalled experience defending businesses across a range of industries, and by leveraging our 600-strong global litigation team we excel in complex cases that span multiple jurisdictions within and outside the United States. Our team includes seven former senior litigators from the Department of Justice and United States Attorney’s Office for the Southern District of New York, who together have decades of experience taking dozens of federal and state trials to verdict—an invaluable weapon in securing the best outcomes for our clients.
We boast a unique and sophisticated understanding of our clients’ businesses, allowing us to execute proactive, commercial and creative litigation strategies. Our securities and shareholder litigation team works hand-in-hand with our white-collar investigations practice to deliver strategic, efficient counsel in the event of parallel investigation by the Securities and Exchange Committee, the Department of Justice, state attorneys general or other regulators around the world. And our prowess in corporate governance and seamless integration with our securities, capital markets and disclosure lawyers ensures similarly strategic advice in relation to any related securities litigation, shareholder derivative suit and/or shareholder demand for books and records.
We have deep experience defending boards, special committees, acquirors and financial advisors in litigation related to mergers, tender offers and other control transactions valued at billions of dollars, including in proceedings involving expedited or preliminary injunctive relief and damages. We also advise on potential litigation issues from the early stages of M&A transactions.
Securities and shareholder litigation representations:
- 3M Company, several officers and directors in securities class action and related shareholder derivative suits based on alleged failure to disclose contingent environmental liabilities.
- ACM Research in securities class action alleging that the company released false statements that overstated revenues and profits.
- Amarin Corporation and its executives in securities class action alleging failure to disclose the risks from patent prosecution litigation concerning a key cardiac drug.
- Alphabet, its founders, and other directors in shareholder litigation sparked by the high-profile antitrust lawsuits filed against Google by the US DOJ and State Attorneys General
- AstraZeneca, its CEO, and several other executives in securities class action challenging statements regarding clinical trial of its COVID-19 vaccine.
- Citigroup and its directors in several shareholder derivative actions and related securities class actions alleging that the board knowingly allowed the company to maintain insufficient operational controls and to violate the terms of regulatory settlements.
- Several underwriters in connection with securities class action challenging healthcare delivery platform InnovAge’s initial public offering.
- Lighting eMotors in securities class action alleging that the Company and its CEO and CFO made false statements in SPAC-related disclosures in connection with the Company’s revenue projections.
- Pinterest in securities class action alleging that it made false and misleading statements with regard to future growth.
- Rivian Automotive and its officers and directors in securities class action and related shareholder derivative suit alleging that Rivian underpriced its R1T and R1S vehicles, which artificially inflated the stock price at the time of their SPAC Initial Public Offering.
- Tyson Foods and its officers and directors in securities class action alleging failure to disclose purportedly insufficient COVID-19 safety protocols at Tyson facilities.
M&A related litigation representations:
- CarLotz and its Board of Directors in shareholder litigation, alleging that Defendants' de-SPAC proxy/prospectus contained material omissions.
- Mandiant in a shareholder challenge to the $1.2 billion sale of its products business to a private equity buyer. Previously represented the company in a shareholder action for books and records pertaining to the deal.
- SourceHOV in an appeal to the Delaware Supreme Court from an adverse judgment in an appraisal action after its merger with Novitex to become Exela Technologies.
- The Special Litigation Committee in investigating and defending against allegations that Sinclair officers and directors mislead federal regulators in connection with Sinclair’s failed US$6 billion merger with Tribune Media Company.
- Special Committee of Board of Directors in stockholder challenge to $400 million equity financing; motion for expedited proceedings withdrawn matter voluntarily dismissed.
- Buyers, sellers, and various special purpose acquisition company (SPAC) parties in federal and state litigations, brought under the Securities Exchange Act, challenging merger and SPAC-related disclosures in connection with proposed transactions and public listings.
Doru Gavril Partner
Timothy Harkness Partner
Aaron Marcu Partner
Eric B. Bruce US Head of disputes, litigation and arbitration, and global investigations
Washington, DC, New York
Scott Eisman Special Counsel
Marques Tracy Senior Associate