Financial Litigation
Our Financial Litigation lawyers have represented many different entities in financial services litigation matters in federal and state courts, and in industry arbitrations not only as defendants, but as plaintiffs as well. We never sought to be plaintiffs’ lawyers who file class action claims within days or even hours of a significant drop in the price of a publicly-traded stock. Nor do we aspire to that practice. Sometimes, however, the loss is too great, or the circumstances too egregious, for an institutional investor to avoid taking action. These are the instances where we can use our unique history to assist institutional investors who have suffered a major fraud loss.
Because our Financial Litigation lawyers handle work on the defense side we understand the typical mind set and strategy of our adversaries as well as the concerns that institutional investors have about being a plaintiff. We offer the investor a law firm that has the sophistication, the experience, and the flexibility to structure a fee arrangement that will meet the client’s needs. Most importantly, we have skilled trial attorneys with years of experience trying cases and a reputation for doing so when required.
Whom We Represent
Institutional Investors
Mutual Funds
Insurance Companies
Public Pension Plans
Hedge Funds
Our Experience
Much of our experience is reflected in the “Selected Results of the Firm.” These results demonstrate examples of our experience in handling large, sophisticated, complex matters. Our focus within the firm is on trial and litigation skills, and our reputation for being willing and able to try cases, means that when we appear in a case, our adversaries should expect the seriousness with which we approach our matters. We believe our involvement shows others that this case is an important matter for our client.
Among the selected results are cases in which we represented mutual funds, hedge funds and investment managers which suffered substantial losses on investments due to fraud or reckless conduct on the part of those who sponsored and promoted the investment. These cases involved offerings to institutional investors only, and due to the limited number of investors, and the desire of the investors to control their own fate, the investors pursued their claims individually and not as part of a class.
Even where a class is formed, which is more likely to occur with a public offering, large investors may find it more advantageous to pursue their claims individually. Securities class actions typically recover just 1% to 10% of the estimated damages according to Post-Reform Act Securities Law Suits: Settlements Reported Through December 2003 published by Cornerstone Research. In our experience in the antitrust arena, plaintiffs which opt-out of the class action procedure and pursue their claims individually often feel more in control of their own success than plaintiffs who remain part of the class. This same philosophy can be brought to securities actions.
Flexible Fee Arrangements
Our fee structures are tailored to fit the client’s needs. Sometimes, clients feel confident in the likelihood of success that they prefer to pursue the action on a traditional hourly rate per diem basis. Often, clients with large investments prefer to share the risk with us and decide upon an alternative fee structure. Unlike many other firms of our size, we take matters on a partial or full contingent basis. We have confidence in our ability to evaluate and litigate the merits of a successful case. As a result, we look for opportunities to create a fee arrangement that fits our client’s needs and fairly compensates us for sharing the risks of the litigation.
Litigation Practices > Financial Litigation