Securities Litigation

We have received significant recognition for our handling of bet-the-company securities litigation across a range of industries and subject matters. The 2023 Chambers USA Guide ranked us among the nation’s top law firms in the Securities Litigation category – the only boutique firm in the United States to receive such an honor. Chambers notes our “particular strengths in securities litigation,” including “defending a range of corporate clients in class and derivative actions” across “an impressive span of industries including banking, finance, and media,” and notes that “[t]hey are excellent,” “[c]lients trust them, and they do outstanding work and offer sage counsel.” Chambers also counts Kenneth E. Lee among the nation’s top securities litigation practitioners, noting that he is “regularly retained by public company clients on significant securities” matters, that companies rely on him for his “strategic decision making” on “delicate matters” on “sensitive time frames,” and that “[h]e is very effective and always figures out a way to accomplish whatever needs to be done.”

In the past few years, we have represented numerous public companies and institutions in the defense of major securities class actions, including a major publicly traded cannabis company facing Section 10 claims in the Southern District of New York; a major international media company facing Section 10 claims in the District of New Jersey; a publicly traded financial institution facing Section 10 and Section 11 claims in the Eastern District of Michigan; and a cryptocurrency foundation facing Section 10 and Civil RICO claims in the Southern District of New York. We have also handled numerous high-profile representations in shareholder derivative matters, including our current representation of the Special Litigation Committee of the Board of Xerox in connection with a shareholder derivative litigation, which involves claims that Carl Icahn committed insider trading and related violations.

We are proud to have developed a significant track record in formulating creative litigation strategies across emerging industries. In 2023, we secured a widely covered voluntary dismissal of our client, the Dogecoin Foundation, Inc., the organization responsible for supporting the Dogecoin crypto-currency, in a $258 billion putative class action securities litigation brought in the Southern District of New York against the Dogecoin Foundation, Elon Musk, and Tesla, Inc. Our motion to dismiss challenged, among other things, Lead Plaintiffs’ ability to extend the securities laws to reach Dogecoin transactions. In response to our motion, Lead Plaintiffs voluntarily dismissed all claims rather than oppose our motion. In 2021, the U.S. District Court for the Southern District of New York dismissed a complaint against our client, a publicly traded Canadian cannabis company, based on our argument that the claims were impermissibly extraterritorial and thus outside the reach of the Exchange Act.