• Securities litigation proceedings
    • Damages actions by institutional investors
    • Rule 10b-5 fraud defense
    • Internal investigations
    • Shareholder derivative litigation
    • Actions against former directors and officers by bankruptcy trustees
    • Minority shareholder disputes
    • Tender offer and proxy fight litigation
    • Rule 16b short-swing profits disputes
    • FINRA arbitrations
    • Appraisal rights
  • Securities enforcement proceedings
    • SEC investigations/responses to administrative subpoenas/Wells submissions
    • SEC civil enforcement actions
    • Criminal investigations
    • State administrative and blue-sky law proceedings
    • FINRA enforcement actions
  • Class action and complex litigation matters
    • Consumer fraud
    • Antitrust
    • Unfair competition
    • Federal and state RICO statutes
    • Breach of contract/tortious interference
  • Mortgage bank representation
    • Securitization disputes
    • Actions to compel repurchase of bad loans
    • RESPA yield spread litigation

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Navigating financial markets has always been precarious, but for those with a good command of those markets, the rewards can be great. This is especially true in our current economic climate, when the financial industry faces a maze of new regulations and an unstable economy. While the regulatory framework may aim to protect financial markets’ integrity, no clear policy objective exists in the legal world. Judges are left to try to strike the right balance between expanding the liability of financial institutions and maintaining a high bar for investor lawsuits.

The murky legal landscape for securities matters adds new challenges for institutional and individual investors: at what point does risk or creativity lead to legal liability? When the risk transitions from economic to legal, individuals and companies can benefit immensely from the fast and deliberate action of experienced lawyers who have a sound knowledge of historic and current legal developments.

At Lowenstein, we have a diverse team of seasoned lawyers who successfully handle securities litigation across the country on behalf of defendants and plaintiffs. Our experience is so in-depth and long-standing that the firm founded the New Jersey State Bar Association’s Committee on Securities Litigation and Regulatory Enforcement. Our diverse team regularly handles claims asserted under Sections 10(b), 14(a) and 18 of the Securities Exchange Act of 1934 (the “’34 Act”) and Sections 11 and 12 of the Securities Act of 1933 (the “’33 Act”).

We also handle shareholder class actions, derivative actions, claims by shareholders who opt out of a class, litigation arising from proxy contests, mergers and acquisitions, Section 16(b) disgorgement, and appraisal rights. In addition, our attorneys have acted as arbitrators for the Financial Industry Regulatory Authority (FINRA).

Types of Clients

  • Institutional and private investment funds
  • Hedge funds
  • Officers, directors and employees
  • Public companies
  • Broker-dealers
  • Mortgage bankers/lenders

Representative Matters

Opt-out Litigation

  • Represented a large, international fund in claims related to Section 10(b) of the ’34 Act and Sections 25400 and 25500 of the California Corporations Code.

  • Represented 23 funds by global asset manager in claims related to Sections 10(b) and 20(a) of the ’34 Act and Sections 25400 and 25500 of the California Corporations Code. We achieved a confidential settlement in full and final resolution of the claims.

  • Served as co-lead counsel in a securities fraud class action filed in the Eastern District of Texas (In re Electronic Data Systems Corporation Securities Litigation). The matter settled for $137.5 million, one of the largest settlements ever against a corporation that had not issued a restatement for the relevant class period. We represented the plaintiffs.

Practice Leaders

Lawrence M. Rolnick

Related Information