Securities Litigation | McCarter & English, LLP

We deliver cost-effective and efficient resolutions in defending clients in securities class actions and shareholder derivative litigations.

We represent issuers, underwriters, financial institutions, private equity firms, hedge funds, and accounting firms facing these highly complex and sensitive cases. We also deliver successful results for financial institutions, companies, and individuals on the prosecution side of the courtroom. Our litigators provide strategic regulatory advice and counsel in SEC and FINRA enforcement investigations. We also counsel clients in investigations conducted by state bureaus and attorneys general, including civil, criminal, and administrative enforcement actions involving violations of federal securities laws and state blue sky laws.

Represented a Fortune 50 company and its director designees in securing dismissal of derivative claims for breach of fiduciary duty following investigation by a special committee which ultimately recommended the dismissal.

Defended company and two of its senior executives against a putative securities class action centered on public statements regarding its C-Fresh division. Obtained a dismissal with prejudice of the Second Amended Complaint on the grounds that plaintiffs failed to plead the requisite scienter.

Defended a top national bank against securities fraud claims filed in New Jersey federal court by an investor; secured dismissal of all claims at the pleading stage on a motion to dismiss.

Defended a property management company and its principal against federal securities fraud claims as well as pendant state law claims filed by bondholders in connection with a twice-failed municipal bond transaction involving a student housing project for a community college.

Represented CEO and brokers of a leading inter-dealer broker in a FINRA arbitration and related state court proceedings against a rival company concerning brokers of credit derivatives and the impact of the credit crisis on the market.

Successfully defended a registered investment advisor in an action in the US District Court for the District of Connecticut initiated by trustees of a union fund over losses stemming from investments related to the sub-prime mortgage crisis. Plaintiffs asserted claims for breach of fiduciary duty under ERISA, breach of contract, and negligent misrepresentation based on allegations that our client had failed to monitor the investments exposed to mortgage-backed securities. All claims were resolved under a confidential settlement agreement for a small fraction of the claimed damages and for less than defense costs.

Defending a major bank in two jury trial wins and two appeals to the Second Circuit in a $90 million case brought by secured equipment trust certificate holders alleging breaches of contract, fiduciary duty, and the federal Trust Indenture Act.

Represented the stockholders’ representative in a post-acquisition indemnification dispute. Negotiated resolution saving stockholders tens of millions of dollars in claimed indemnification.

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