Securities Litigation and Government Investigations

Sperling Kenny Nachwalter’s litigators have decades of experience handling and winning virtually every type of complex securities litigation, including shareholder derivative suits, corporate governance disputes, 10(b)(5) actions, insider trading claims, state law fraud cases, and merger and control fights. Our cases regularly involve novel and cutting-edge issues where the law is not clearly established and the outcome has bet-the-company implications. In these cases, strategy is important, but so is thoughtful advice that factors in the risks and rewards facing our clients.  We are known for being aggressive, driven, and fearless, but never putting our own egos ahead of the needs of our clients.

Whether we are brought in during an initial investigation, take over a case on the eve of trial, or are retained on appeal after an adverse verdict, our clients trust us to develop strategies that serve their particular goals. We recognize that activist investors, corporate officers, board committees, and classes of shareholders may have vastly different visions of success, and we know that some results can be achieved in settlement that are not available as part of a judgment. We frequently bring a nuanced creativity to settlement discussions, working with complex proposals that create value not always strictly measurable in dollars. 

We also represent individuals and companies in connection with investigations by the Securities and Exchange Commission, the Department of Justice, and other government agencies as well as those initiated by their own companies, shareholders or creditors’ committees. In this regard, we are familiar with how these representations differ from traditional adversarial litigation. In a world in which investors, creditors, and multiple government agencies simultaneously investigate and litigate the same conduct, we represent our clients while taking into full consideration the impact the investigation may have on related matters, whether we are handling those related matters or not. We also understand the need to move such matters along quickly because the mere existence of a live investigation can be devastating even if the investigation itself does not, in the end, lead to litigation or a specific charge. Whether an investigation stems from a media report, a whistleblower, a shareholder demand, or a government notice, we have the tools and experience to guide companies and individuals through this difficult time.