|
|
 |
Anderson Kill has a diverse and well-developed practice in the areas of
both civil securities litigation and criminal defense of securities
fraud claims. Our attorneys have represented stockholders, bondholders,
corporations, members of boards of directors, limited partnerships,
general partners, and individuals in a wide variety of complex civil and
criminal securities lawsuits, and in Securities and Exchange Commission
and other agency investigations. We also counsel these persons and
entities in the avoidance of securities law violations.
Extensive Experience
Anderson Kill attorneys have extensive experience representing both
plaintiffs and defendants in actions alleging violations of the
Securities Act of 1933 and the Securities and Exchange Act of 1934,
including shareholder class actions, as well as the Commodity Exchange
Act. The firm's experience in this area includes insider trading claims,
private sales of stock in closely-held corporations, and trading in
limited partnership interests. Attorneys in the firm's securities law
litigation group also are experienced in cases involving proxy and
tender offer fraud. We have done extensive work in both the traditional
area of primary (direct) securities law liability and secondary
(controlling person, aider and abettor) liability. Our attorneys also
have successfully represented clients in the arbitration and mediation
of securities law matters, both in the private context, as well as in
industry venues (i.e., NYSE and NASD). In addition to federal securities
laws, Anderson Kill attorneys have litigated extensively under state
securities laws.Securities Dispute Resolution:
Arbitration
In today’s volatile markets, investors
from time to time face losses that they believe are attributable to
their investment advisor or broker. Dispute resolution, rather than
litigation, is the securities industry’s preferred method of resolving
issues between investors and financial institutions. Anderson Kill &
Olick, P.C. provides experienced legal advisors to represent financial
institutions before securities arbitration panels and in state and
federal courts. We represent financial institutions and their advisors
and independent directors, brokers, banks, and other investment
professionals facing claims of broker misconduct. Claims before
arbitration panels in which we have successfully represented clients
include:Breach of Fiduciary Duty
-
Churning / Excessive Trading
-
Negligence and Failure to Supervise
-
Fraud, Omissions, Misrepresentations
-
Over-concentration / Non-Diversification
-
Suitability Claims
Our lawyers have
achieved quantifiable results for our clients, whether through
arbitration, outright dismissal, or settlement. Our track record in
negotiating settlements in arbitration for our clients in the financial
services industry is excellent. Over the past year, Anderson Kill
successfully defended broker-dealers in arbitrations before the NASD and
NYSE, totaling millions of dollars in claims. Of the arbitrations we
have handled, more than 72% of the cases were resolved by settlement.
Others were resolved through mediation or outright dismissal. All of the
cases that went to hearing resulted in decisions favorable to our
clients. Overall, Anderson Kill’s defense of these arbitrations resulted
in an average payment-to-claim ratio of less than $0.23 to the dollar.
Anderson Kill demonstrates to arbitrators a commitment to integrity and
effective legal resolution for our institutional clients. Our lawyers
leverage a wealth of experience and work together as a team, sharing
knowledge and information seamlessly. We manage workflow and staff our
engagements efficiently, passing the cost-savings on to our clients. Our
clients in turn enjoy swift resolutions and confidentiality.
Up-to-date Knowledge of Changing Laws
The firm also has represented stockholders, corporations, and officers
and directors of corporations in prosecuting and defending shareholder
derivative suits alleging breaches of fiduciary duty, waste of corporate
assets, and prohibited or questionable corporate transactions. This
highly specialized area requires knowledge of the ever-changing body of
law concerning the need for, and adequacy of, shareholder demands for
action upon a corporation (or the excusing of such demands as futile),
as well as the corporation's response to such demands including
formation of board advisory committees and special "independent
litigation committees." In response to the enactment of the
Sarbanes-Oxley legislation, our attorneys established a
Sarbanes-Oxley Task
Force on Corporate Governance and are knowledgeable concerning the
evolving responsibilities of directors, senior executives and audit
committees, including advice on and performance of, independent
investigation, advice concerning criminal investigations, guidance
concerning allegations from “whistleblowers,” and advice regarding
derivative actions.
Substantial Experience from Varied Legal
Backgrounds
Inquiries and investigations by the SEC and other governmental
administrative agencies are another area in which our lawyers have
counseled and represented corporate and individual clients. The
background of many of the firm's attorneys as former federal and state
prosecutors adds to its substantial experience in this highly sensitive
area.
Solutions for Your Present and Future Needs
In addition to its
experience in prosecuting and defending securities
cases, Anderson Kill assists clients in the internal investigation of
potential securities law problems as well as assisting in the design and
implementation of procedures whose goal is to avoid any such future
problems. In short, the firm has the experience and skill to solve
all present and future needs in this complex, important and sensitive
field.
Corporate and Commercial Litigation Home
|
|
