Practice/Industry Group Overview
In today’s business climate, when a company can easily and quickly find itself facing shareholder threats, regulatory scrutiny, and securities-related litigation, it is critically important that your law firm possess the experience and national reach to swiftly defend your interests. That’s why our clients turn to Greenberg Traurig.
GT has one of the broadest and deepest securities litigation practices in the country. The firm has been lead defense counsel in hundreds of securities class actions, derivative lawsuits, and SEC investigations and enforcement actions. These include some of the largest and most complex regulatory actions ever filed and one of the most highly publicized securities fraud cases in recent times. With offices across the United States, Europe and in Asia, and one of the largest national litigation practice groups, GT is well positioned to assist clients in every major commercial center in the United States, as well as in Amsterdam, London, Shanghai and other major commercial and banking centers in Europe, China and Japan.
Our securities litigators work closely with attorneys in related practice disciplines throughout the firm, such as corporate and securities, white collar criminal defense, and corporate compliance and governance under Sarbanes-Oxley, to provide our clients with a strategic portfolio of counseling and defense services. GT’s broad governmental affairs practice – along with the many former federal and state prosecutors and former SEC attorneys who practice at GT – enables us to offer clients advice based not only on legal acumen but also on a thorough understanding of the government process.
Through this multidisciplinary approach to counseling our clients, we can help formulate strategies and take steps designed to limit their litigation risk. Our practice, however, is not limited to providing advice and settling cases: we are trial lawyers with vast jury and non-jury trial experience that we can bring to bear whenever that is the right approach. From our creative defense strategies to our trial victories, you can take confidence in GT’s resources, knowledge and commitment to service.
Securities Class Action Defense
- Broad experience representing companies and their officers and directors, auditors, attorneys, underwriters, hedge funds and private equity firms
- AIG panel counsel
- Defended all types of securities claims – from accounting fraud and restatements to hyped projections and missed forecasts
- Detailed databases of court decisions, briefs and related topics, to assist in defense strategies that are tailored to the facts and jurisdiction of the particular case
Shareholder Derivative Litigation
- Representation of public companies and their officers and directors in derivative actions arising from mergers and acquisitions, executive compensation, and other corporate transactions or events in which a company’s shareholders, purportedly acting on behalf of the company, assert claims against corporate officers or directors
- Broad experience attacking demand futility allegations, and the judgment to know when – and when not – to establish a special litigation committee
- Counseling special or audit committees to evaluate and respond to actions before and after they are filed
Securities Regulatory Practice
- Representation of issuers and their officers and directors, accounting firms, broker-dealers, registered individuals, hedge funds, and investors in investigations by the SEC, the Justice Department, the states’ Attorneys General, as well as the CFTC, FINRA, NYSE and other banking regulators involving:
- Accounting fraud and earnings management
- Analysts’ conflicts of interest
- D&O bar proceedings
- Delisting proceedings
- Insider trading
- Individual enforcement actions for financial fraud
- Market timing and late day trading
- Market manipulation
- Internal investigations and compliance reviews for broker-dealers and investment advisers, as well as development of anti-money laundering and internal control policies and procedures
- Our securities litigation team includes attorneys with prior experience serving as senior SEC staff members
White Collar Securities Defense
- GT is one of the few firms in the United States that offers a national team comprising more than 30 former federal and state prosecutors who focus their practice on criminal and civil white collar securities defense matters
- Matters that formerly were handled through civil or regulatory action often now result in criminal investigations or parallel criminal and SEC, CFTC or state agency regulatory action; our counsel to individual and institutional clients is directed at securing outcomes that preserve clients’ reputations and minimizing the impact of proceedings on their ongoing business activities
Broker-Dealer Arbitration And Defense
- We are one of the most experienced and largest teams in the United States, representing market leading broker-dealers to final award or judgment in thousands of securities arbitrations and trials throughout the country
- We have tried some of the largest arbitration cases to verdict, including numerous matters involving over $100 million
- We regularly handle matters before the:
- Financial Industry Regulatory Authority Dispute Resolution
- Securities and Exchange Commission
- American Arbitration Association
- National Futures Association
- State and federal courts across the country
- We have wide-ranging, real-world experience analyzing and explaining to judges, juries and arbitration panels complex issues involving such diverse financial products as:
- COOs, CMOs and other mortgage-backed securities
- Commodities and futures
- Hedge funds
- Structured products
- Our experience goes well beyond customer dispute issues, most of which involve claims of unsuitability or churning; we also handle broker-dealer raiding and employment cases involving claims of wrongful termination, harassment and discrimination, defamation and theft
- We have a wealth of valuable resources to assist in the defense of these matters, including:
- A detailed arbitrator database containing detailed information about more than 2,500 FINRA arbitrators throughout the U.S.
- A unique and proprietary database of national contacts, resources and investigators to support the defense of our clients
- A one-of-a-kind securities industry “intranet” that offers secure, direct access to the experience and work-product of GT attorneys, including:
- Awards, orders, articles and case law
- Arbitrators, mediators and experts
- Client specific documents
- Statutes, industry rules and regulations
- Memoranda and pleadings
Going Private Transactions
Our team regularly represents companies, independent directors, special committees, buyers and sellers in connection with:
- Stockholder class and derivative actions
- Dissenters’ rights appraisal
- Contests for control
- Investigations by the SEC regarding promotion of value of the corporation’s publicly traded securities
- Proxy solicitations and appraisal of fair value of dissenters’ shares
- Material breaches of representations and warranties in stock purchase agreements
- Damages or rescission of stock purchase agreements
Articles Authored by Lawyers at this office:
FINRA's New 'New' Discovery Guide: E-Discovery, Affirmations and Product Cases
Michael E. Pastore,Scott E. Rahn, November 21, 2013
On Sept. 16, 2013, the SEC approved amendments to the Financial Industry Regulatory Authority, Inc. (FINRA) Dispute Resolution Discovery Guide (Discovery Guide), which will become effective on Dec. 2, 2013 for all customer cases filed on or after the effective date. FINRA petitioned the Securities...
FINRA Tells Arbitrators it Considers Expungement Relief 'Extraordinary'
Andy Clark,Terry R. Weiss, October 17, 2013
On October 14th, FINRA Dispute Resolution sent a cautionary mandatory Notice to all FINRA arbitrators who might consider broker expungement requests. According to the Notice, available online, the grounds listed in Rule 2080 for expungement of negative information from the Central Registration...
'Skin in the Game' Credit Risk Retention Rules Re-Proposed
Robert E. Bostrom,Carl A. Fornaris,Lindsay K. Lefteroff,Mark I. Michigan,Gil Rudolph, September 16, 2013
On August 28, 2013, six federal financial services agencies issued a notice revising a proposed rule to implement Section 941 of the Dodd-Frank Act, which requires sponsors of securitization transactions to retain at least five percent credit risk in such transactions. By requiring securitizers to...
2013 Amendments to the Delaware General Corporation Law
Diane N. Ibrahim,Kelly A. Terribile, August 29, 2013
Recently, the Delaware legislature adopted and Delaware’s Governor signed into law several substantive amendments to the General Corporation Law of the State of Delaware (the DGCL), 8 Del. C. §§ 101 et seq.