Practice Areas & Industries: Fredrikson & Byron, P.A.

Practice/Industry Group Overview

We handle numerous kinds of securities litigation from disputes over who controls the board room, to securities fraud and class actions, to disputes between broker-dealers and their clients, to investigations and enforcement actions by regulatory agencies.

"We handle numerous kinds of securities litigation from disputes over who controls the board room, to securities fraud and class actions, to disputes between broker-dealers and their clients, to investigations and enforcement actions by federal and state regulatory agencies."

Areas of Expertise Include

• Broker-Dealer Arbitration Proceedings
• Class Actions
• Closely-Held Companies – representing minority and majority owner groups
• Corporate Control Disputes
• Director and Officer Liability
• Publicly Traded Companies
• Regulatory Enforcement Proceedings
• SEC Industry Investigations and Enforcement Actions
• Securities Fraud
• Securities Industry Employment Litigation

Arbitration Proceedings

We represent broker-dealers, investment advisors and individuals in securities arbitrations before the NASD. We litigate a wide variety of state and federal claims including: (i) unsuitability; (ii) unauthorized trading; (iii) churning; (iv) breach of fiduciary duties; (v) failure to supervise; (vi) fraud; and (vii) violations of industry rules. We also have attorneys who sit as arbitrators appointed by the AAA and the NASD.

Corporate Control Disputes/Proxy Litigation

We represent owners in corporate control disputes, including shareholder disputes, partner disputes, and disputes amongst owners of the other corporate forms. For closely-held corporations, we represent control and minority owner groups, and the companies themselves in and out of court during control disputes and shareholder-employee fights.

We have assisted businesses and incumbent boards of publicly held corporations to determine whether shareholder resolutions must be considered at annual shareholder meetings and have taken the clients through the SEC letter opinion process and the court system as required by the situation. Our attorneys are familiar with the appropriate tactics to assist our clients through board control disputes in publicly-held companies.

Representative Cases

Regulatory Enforcement Proceedings

We defended a brokerage firm's chief compliance officer in connection with an NASD disciplinary hearing involving charges of alleged branch office sales violations and the failure to supervise.

We defended securities industry personnel in connection with SEC and NASD investigations and enforcement proceedings.

We defended a company's CEO in connection with an SEC investigation involving allegations of fraud and the sales of unregistered securities.

We represented company officers in SEC enforcement actions alleging aiding and abetting securities fraud.

We defended a company and its officers in an SEC injunction and civil money penalty suit alleging fraud and the sale of unregistered securities.

We represented brokerage firm employees in an NASD investigation involving insider trading issues.

Securities Industry Employment Litigation

We represented a publicly-held brokerage firm in wrongful termination actions brought by former employees.

Corporate Control Disputes/Proxy Litigation

We recently represented a publicly held corporation when a shareholder group sought to place shareholder resolutions on the annual meeting agenda regarding the firm's poison pill. We advised the company regarding proxy regulations and novel questions of state law – taking the case to the Minnesota Supreme Court after a federal court certified questions of state law to Minnesota's highest court.

We recently represented a shareholder group in successful proxy fight and obtained dismissal of subsequent litigation brought by ousted CEO/Board chair.

Securities Fraud

We recently defended company CEO in lawsuit alleging securities fraud and conspiracy.

We defended outside directors in a nationwide class action case alleging securities and common law fraud.