Securities and Shareholder Litigation

Between heightened regulations and a volatile economy, today’s businesses must be prepared to face the ever increasing challenges posed by government scrutiny and activist shareholders. The lawyers in Haynes and Boone’s Securities and Shareholder Litigation practice group are particularly skilled in protecting clients against shareholders’ claims and successfully resolving regulators’ inquiries.

We handle all aspects of corporate and shareholder litigation, with a particular focus on:

  • Securities Class Actions and Parallel ERISA Class Actions
  • Shareholder Disputes and Derivative Actions
  • Proxy Contests and Corporate Control Litigation
  • Merger and Acquisition Litigation

When class action cases and derivative suits are filed, we are skilled at defeating class certification, as well as delivering defense verdicts and other successful outcomes for our clients. Our team has also persuaded the SEC to drop proposed charges and close its inquiries for numerous clients. Clients often call on us to conduct internal investigations, as well as help them develop or revise compliance programs.

Our clients range from corporations, and their individual officers, directors and shareholders, to institutional investors and investment funds, as well as accounting firms, stockbrokers and other financial services firms.

In representing public companies, often along with their senior executives and directors, we handle a variety of matters, including those involving:

  • Investigations into accounting and financial fraud
  • Corporate disclosures
  • Insider trading
  • Foreign Corrupt Practices Act
  • Regulation FD

In defending clients who participate in the securities markets, we our experience includes cases involving:

  • Market manipulation
  • Trading desk improprieties
  • Fraud in mortgage and credit market matters
  • Short selling violations
  • Auction rate securities misconduct
  • Conflicts of interest
  • Inflated asset valuations

When needed, our team is able to tap the vast resources and experience of other Haynes and Boone practices, including government investigations and litigation, white collar defense, corporate and securities work, insurance recovery and ERISA litigation, among other areas.


International Arbitration

Volker and Carlton

Frequently Invoked but Rarely Successful: Objections to Non-domestic and Foreign Arbitral Awards in U.S. Federal Courts

Courts occasionally remind litigants that challenges to arbitral awards, whether motions to vacate or objections to recognition, enforcement or confirmation, are “frequently invoked but rarely successful.” The aphorism articulates the consequence of the U.S. emphatic federal policy favoring arbitral resolution.


Litigation Highlights

Litigation Updates

Read about the recent trial victories of the Haynes and Boone, LLP Litigation department.



Second Circuit Applies Omnicare Framework to Affirm Dismissal of Securities Fraud Claims

The Second Circuit issued an important decision recently in In re Sanofi Securities Litigation applying the Supreme Court’s landmark Omnicare decision. In Omnicare, the Supreme Court held that a statement of opinion, even if honestly believed, could be actionable if the issuer failed to disclose material facts that conflict with what a reasonable investor would, in context, expect about the issuer’s basis for the opinion.

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