Securities Litigation


 Share  pdf  Download PDF   print   Print

Overview

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 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. 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 technical 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.

Sign-Up for Newsletters