Practice Overview
Practices

Securities & Capital Markets Litigation

Overview
Representative Matters
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The Litigation Group at Olshan has extensive experience in resolving conflicts related to capital markets transactions.

Leveraging their sophisticated knowledge of complex federal and state securities laws, our securities litigation attorneys represent clients in a wide range of matters, including securities fraud, mergers and acquisitions, credit facilities and other loan transactions, asset and mortgage-backed securitizations, collateralized debt obligations ("CDOs"), venture capital financings, buyouts and going-private transactions, derivative claims, contested proxy solicitations, and the formation and organization of venture capital, hedge fund, and private equity partnerships.

Securities Litigation Practice Diverse Clientele

We regularly serve as general and special counsel for a large and diverse group of public corporations with securities listed on the New York Stock Exchange, the American Stock Exchange (now NYSE Alternext US) and the NASDAQ Global Select, Global and Capital Markets. These clients range from large companies and multinationals to small- and mid-sized issuers.

Pre-Litigation and Litigation

We often provide counsel before securities litigation begins, permitting clients to obtain optimal results without incurring the cost of an extended litigation. We regularly advise hedge funds and investors on a wide range of issues concerning corporate and securities litigation strategy, and when necessary engage in litigation to protect or enforce the rights of stakeholders in limited liability companies, limited partnerships, and corporations. We frequently represent hedge funds, investors, and companies in enforcing their rights under complex financial instruments, and have litigated on behalf of managers and other participants in CDO structures. We also represent financial advisors and investment banks in litigation concerning their contractual rights and legal duties.

Strategic Collaboration in Securities Litigation

Our securities litigation attorneys routinely collaborate across practice areas to ensure the highest caliber representation for our clients. The firm has an active Arbitration practice advising both customers and broker dealers on FINRA matters and securities arbitrations generally, and a White-Collar practice group with extensive experience in securities and other capital markets investigations. In addition, we provide the firm’s Corporate/Securities and Real Estate groups with extensive counsel concerning the judicial treatment of specific, proposed financing terms, contractual language, or transaction structures.

  • Representing the collateral manager in a failed $500 million plus CDO offering where it is alleged that our client conspired with a hedge fund to short or bet against the assets.
  • Representing a hedge fund manager of synthetic and mortgage-backed CDOs in multiple litigation and regulatory matters.
  • Successful representation of collateral manager in liquidation and investor lawsuits arising from two failed high yield CDOs.
  • Won a favorable award for a major investment bank in a FINRA arbitration concerning the alleged failure to deliver a $6 million bond portfolio.
  • Won a judgment in excess of $8 million for an investment advisor after a federal trial concerning his breach of contract claims.
  • Won a preliminary injunction on behalf of a hedge fund requiring a public company to issue shares due under a complex convertible note.
  • Won preliminary injunction reinstating investor to board position after investor had stock redeemed at artificially low price. Case ultimately settled with investor obtaining a premium of three times the original redemption price.
  • Successfully settled approximately seven litigations where high net-worth investor faced approximately $1 billion in cumulative exposure as a result of various investment partnerships.
  • Successfully represented corporate consultant in 10b-5 litigation over secondary liability.
  • Successfully defended former directors of public corporation in a securities fraud case.
  • Won favorable decision on behalf of director nominees involving securities and antitrust claims in a hotly disputed proxy contest, and, then, obtained a settlement in which two of three director nominees were placed on company’s board.
  • Successfully resolved lawsuit on behalf of directors in class action case arising from Company's "go dark" strategy.
  • Successfully represented individual in connection with criminal and civil investigations by the U.S. Attorney for the Southern District of New York, related to Bernard L. Madoff Investment Securities.
  • Successfully resolved allegations against a public company in connection with SEC enforcement investigation into alleged improper disclosures pursuant to Section 13 of the Securities Exchange Act and Rule 13d-1.
  • Successfully defended insurance broker in connection with SEC investigation into allegedly improper management and oversight practices.