Practice Areas > Securities Litigation

We have a national reputation in cases seeking disgorgement of insider profits.
We have been asked to both prosecute and defend lawsuits involving alleged fraud and misrepresentation in the securities market. Often these cases also involve complex issues arising from director and officer liability insurance policies.

We have a national reputation in cases seeking disgorgement of insider profits from officers, directors and large shareholders of public companies. We have obtained many large settlements and judgments against insiders and established legal precedent in a number of areas.

Representative Cases/Reported Decisions

Roth v, Jennings, 489 F.3d 499 (2d. Cir. 2007) $6 million judgment against former CEO of commodities manufacturer for violation of Section 16(b) short swing profits. Established law that courts need not accept SEC filings as true for purposes of a motion to dismiss.

Klein v. Salvi, 115 Fed. Appx 515 (2d. Cir. 2004) $10.75 million settlement from officer of pharmaceutical company for alleged insider trading.

Schaeffer v. Soros (S.D.N.Y. 2000) $8 million settlement in suit against investment company manager in case that limited the activities of an investment group under Section 13(d) of the Exchange Act.

Gwzozdinsky v. Magten Asset Management, 106 F.3d 4569 (2d Cir. 1997) limitations imposed on short swing profits recoveries in a case concerning derivatives trading by insiders

DiLorenzo v. Murphy,443 F.3d 224 (2d Cir. 2006) defines liability for insiders for receipt of “earn-out shares” under Section 16(b) of the Securities Exchange Act of 1934

P. Stolz Family Partnership L.P. v. Daum, 355 F.3d 92 (2d Cir. 2004)  liability defined under Securities Act of 1993 for Internet promoters of securities

Primavera v. Askin, 139 F. Supp. 2d 567 (S.D.N.Y. 2001) $100+ million settlement for breach of contract and other torts from manager of hedge funds and broker dealers.

Klein v. Central Florida Investment, 642 F. Supp. 2d 1374 (S.D. Fla. 2009): defined insider liability for short sale options trading

 



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