Securities Litigation LITIGATION/CONTROVERSY

We defend federal and state securities claims against entities and individuals, and derivative and other claims against corporations and their officers and directors. These claims address areas such as prospectus and other disclosure obligations, restatements, mutual fund trading and marketing, broker-dealer duties to clients and counter-parties, fiduciary duties and insider trading. Many of the over 300 securities class actions that we have defended have been for technology companies (including high-tech, biotech and pharmaceutical companies). We also have substantial experience in representing investment banks, broker-dealers and other securities industry participants, investment advisory and mutual fund companies, life insurance and other financial services firms, REITs, and retailers. In recent matters, our lawyers have:

  • Defended mutual fund advisers in the consolidated Market Timing multidistrict litigation (MDL) proceedings, class and institutional investor claims regarding investment advisor fees, and class actions concerning mutual fund marketing practices
  • Taken a leadership role in the defense of over 300 consolidated securities class actions—the IPO Laddering Litigation—and separately obtained the dismissal of class actions against an underwriter challenging IPO allocations and alleged IPO flipping
  • Represented an investment bank in its successful appeal to the Second Circuit of a $164.5 million jury verdict for losses sustained in a nondiscretionary currency trading account

For more on our securities practice, please see our Securities Department pages.

Contacts

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Weiss, Harry J.

Harry J. Weiss

Chair, Securities Litigation and Enforcement Practice Group

+1 202 663 6993 (t)

harry.weiss@wilmerhale.com

Publications & News

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March 3, 2015

Campaign finance fraud laws still thrive

An article by Timothy Perry, published in the February 19, 2015 edition of the Daily Journal.

February 27, 2015

SEC Probes Corporate Interactions with Whistleblowers

According to a February 25, 2015 Wall Street Journal report, in recent weeks the SEC has sent requests to a number of companies seeking years of nondisclosure agreements, employment contracts and other documents as part of an agency probe into the potential silencing of corporate whistleblowers.

February 24, 2015

Top SEC Enforcement Events of 2014

An article by William R. McLucas, Douglas J. Davison and Leila J. Ameli-Grillon, along with Jason S. Flemmons and Martin S. Wilczynski of FTI Consulting, published by Securities Docket on February 19, 2015.

February 19, 2015

Ten Major Financial Institutions Sign Up to Share Information on Suspicious Activity with UK Authorities

Keith Bristow, Director General of the UK’s National Crime Agency (NCA), has announced a far-reaching information sharing agreement between 10 major financial institutions and the NCA aimed at tackling money laundering within the UK financial services industry.

February 10, 2015

2014 CFTC Enforcement Year-in-Review, and a Look Forward

In 2014, the Commodity Futures Trading Commission (“CFTC” or the “Commission”) filed 67 new enforcement cases—fewer than any year since 2010—but obtained a record $3.27 billion in monetary sanctions, nearly double the previous record of $1.7 billion set in 2013.

February 2, 2015

"We Intend to Resolve the Ambiguities": The SEC Issues Some Surprising Guidance on Fraud Liability in the Wake of Janus

An article by Matthew Martens, Michael Mugmon, Jaclyn Moyer, Timothy Perry and Laura Goodall, published in Bloomberg BNA's Securities Regulation & Law Report on February 2, 2015.

 

January 27, 2015

A 'Cop on the Beat'?: Why the SEC Should Adopt the Brady Standard

An article by Randall Lee and Tim Perry, published in Bloomberg BNA The United States Law Week Case Alert & Legal News Report, Vol. 83, No. 1097.

January 27, 2015

Global Anti-Bribery Year-in-Review: 2014 Developments and Predictions for 2015

The year 2014 witnessed several notable developments in the enforcement of the Foreign Corrupt Practices Act. In Global Anti-Bribery Year-in-Review: 2014 Developments and Predictions for 2015, WilmerHale attorneys discuss notable trends and developments in 2014, and look ahead to possible trends in 2015.

December 23, 2014

Recent Insider Trading Decision

On December 10, the US Court of Appeals for the Second Circuit issued an opinion in United States v. Newman that could be the most consequential insider trading decision in a generation, but for reasons that virtually no one anticipated.

December 22, 2014

Keeping Current with Form 8-K: A Practical Guide 2014

We have prepared this Guide to assist public companies in understanding and complying with the Form 8-K reporting requirements. This Guide describes Form 8-K primarily from the perspective of a US operating company that has a class of securities registered pursuant to Section 12 of the Securities Exchange Act of 1934 and that is not a shell company, a smaller reporting company, a foreign private issuer, an asset-backed issuer or an investment company.