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

Paine, William H.

William H. Paine

Partner

+1 617 526 6134 (t)

william.paine@wilmerhale.com

Batter III, John F.

John F. Batter, III

Partner

+1 617 526 6754 (t)

john.batter@wilmerhale.com

Berman, Bruce M.

Bruce M. Berman

Partner

+1 202 663 6173 (t)

bruce.berman@wilmerhale.com

Cahn_Mark

Mark D. Cahn

Partner

+1 202 663 6349 (t)

mark.cahn@wilmerhale.com

eckert_paul.jpg

Paul R. Eckert

Partner

+1 202 663 6537 (t)

paul.eckert@wilmerhale.com

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Gail Ennis

Partner

+1 202 663 6014 (t)

gail.ennis@wilmerhale.com

Johnson, Mary Jo

Mary Jo Johnson

Partner

+1 617 526 6750 (t)

maryjo.johnson@wilmerhale.com

Publications & News

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December 2, 2016

Change and Continuity in Securities Regulation

Given the fluidity of the regulatory environment, making accurate predictions regarding what to expect from the SEC under a new Administration and a new Chair is difficult. Nevertheless, in this Client Alert we explore possible key areas of securities regulation that may be affected under the new Administration.

November 22, 2016

United States: Handling Internal Investigations

Stephen Jonas and Daniel Schubert published this chapter for The Investigations Review of the Americas 2017 in partnership with Global Investigations Review, which provides a brief primer on how to conduct an effective internal investigation in the United States.

November 7, 2016

FTC/DOJ Guidance to Human Resource Professionals—Enforcement Scrutiny of Employment-Related Conduct

Last month, the Federal Trade Commission and Department of Justice issued their Antitrust Guidance for Human Resource Professionals. This WilmerHale Client Alert, which was also published by Bloomberg BNA's Antitrust & Trade Regulation Report on November 25, 2016, summarizes the key lessons and practical impact from the HR Guidance for businesses' employment practices.

November 2, 2016

Four Key SEC Whistleblower Trends—And How Companies Can Prepare For Them

An article by Matthew Martens, Arian June and former Associate Caroline Schmidt, published in The Review of Securities & Commodities Regulation, discusses ongoing trends in the Securities and Exchange Commission's whistleblower program including: (1) increasing whistleblower bounties; (2) awards for mid-investigation tips; (3) use of the more lenient “objectively reasonable” standard for whistleblower protection from retaliation; and (4) the SEC's focus on confidentiality agreements.

October 31, 2016

SEC Examiners Focus on Investment Adviser and Broker-Dealer Compliance With Whistleblower Rules

Last week, the SEC's Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert regarding examinations of investment adviser and broker-dealer registrants' compliance with key whistleblower provisions arising out of the Dodd-Frank Act.

October 31, 2016

What Azano Trial Showed About Election Integrity, Border Security

An article by Timothy Perry, published by The San Diego Union-Tribune, discusses what Mexican multimillionaire José Susumo Azano Matsura's trial showed about election integrity and border security.

October 21, 2016

The Manipulation Standard and a Setback for CFTC

An article by Paul Architzel, Anjan Sahni and Matthew Beville, published in Law360, discusses a recent decision by Judge Analisa of the Southern District of New York that provides important protections to market participants engaged in legitimate trading strategies and is a blow to the Commodity Futures Trading Commission's effort to lower the standard for proving price manipulation.

October 20, 2016

Banking Regulators Release Advanced Notice of Proposed Rulemaking on Enhanced Cyber Risk Management Standards

The agencies are considering establishing two tiers of enhanced standards—basic enhanced standards for all covered firms and even more stringent enhanced standards for systems that are "sector-critical."

October 12, 2016

District Court Judge Rejects CFTC Manipulative Intent Standard

On September 30, 2016, Judge Analisa Torres of the Southern District of New York issued an order resolving competing motions for summary judgment in the Commodity Futures Trading Commission's ongoing action against Donald R. Wilson and his firm, DRW Investments LLC, for allegedly manipulating and attempting to manipulate the settlement price of certain interest rate futures contracts.

October 11, 2016

Former SEC enforcement head joins WilmerHale

An article in the Los Angeles Daily Journal discusses the addition of Lorraine Echavarria to the firm's Securities Litigation and Enforcement Practice.