Bingham’s securities litigators represent financial services businesses, insurance companies and other market participants in matters involving all aspects of securities law, both in federal and state courts and before regulatory authorities in the United States and United Kingdom.
While our litigators have a record of remarkable success in class actions, derivative suits, and M&A and transactional litigation, we are also known for our ability to craft solutions that resolve matters before they go to trial — for instance, by winning dismissals on motions, persuading plaintiffs to drop claims without payment and structuring novel settlements.
To this end, we work closely with the firm’s corporate and transactional lawyers to create overall strategies for clients prior to the advent of litigation. Drawing on the resources of our broker-dealer and investment management groups, we are able to call upon leading securities lawyers for every aspect of clients’ securities law needs.
Bingham’s team-based, cross-disciplinary approach gives clients an essential edge in a regulatory environment that is shifting with unimaginable speed. Our successes have earned us top rankings from Chambers US, Chambers UK, SecuritiesLaw360, The Best Lawyers in America and The Legal 500.
Areas of Focus
- Accounting Defense
- Securities Class Actions and Shareholder Derivative Litigation
- Regulatory Investigations and Proceedings
- Corporate Governance and Risk Avoidance
- Mergers and Acquisitions Litigation
- Internal Investigations
Accounting Defense
Through longstanding relationships with KPMG, Ernst & Young, Deloitte, PricewaterhouseCoopers, Grant Thornton and others, Bingham has represented accounting clients in hundreds of actions, arbitrations and investigations involving accounting, auditing and securities law, both in court and before the SEC, the Public Company Accounting Oversight Board and other regulatory bodies. Our lawyers have “the patience and tenacity to get the deal done” (Chambers USA 2009), while our experience with regulators and unparalleled knowledge of securities laws as they apply to accountants benefits our public company, financial institutions and broker-dealer clients as well.
Securities Class Actions and Shareholder Derivative Litigation
As the environment surrounding these actions grows increasingly complex, clients look to us for decisive legal strategies that quickly mitigate financial consequences and reputational damage. Bingham lawyers combine extensive litigation experience with a deep understanding of the securities laws and SEC rules, enabling us to develop creative, effective defenses that result in frequent pre-trial dismissals, as well as victories at trial and favorable settlements. We are also adept at handling duplicative, derivative, often overlapping class actions in both state and federal courts.
Regulatory Investigations and Proceedings
Bingham is a go-to regulatory firm for the world’s largest brokerage houses and accounting firms, with extensive experience representing clients before the SEC, state securities commissions, the New York Stock Exchange, FINRA, the Department of Labor, the Public Company Accounting Oversight Board, the FSA (UK) and other regulators. Our lawyers have held senior positions in the SEC’s Division of Enforcement, Office of General Counsel, Division of Market Regulation (now Trading and Markets), the Commodity Futures Trading Commission, NASD (now FINRA), the Boston Stock Exchange, state regulatory agencies and the FSA. We are experienced in handling complex regulatory investigations and proceedings involving disclosure, accounting, insider trading and other issues that affect companies, directors, officers and accountants. Where these include parallel proceedings, we work closely with the firm’s white collar and broker-dealer groups to create appropriate strategies.
Corporate Governance and Risk Avoidance
Recognizing that the best litigations are those that never happen, we work with clients ― primarily Fortune 100 and financial companies ― to develop governance structures and compliance programs that minimize risk profiles while keeping abreast of the dizzying array of regulatory changes and developments in state law. Our lawyers advise on both novel and ongoing issues, including the preparation of disclosure materials; advice and representation to directors and officers, boards, and committees; institutional shareholder issues and pension plans; and strategic and crisis management.
Mergers and Acquisitions Litigation
Together with members of the firm’s corporate group, we work proactively to help structure transactions that minimize the risk of litigation and move quickly to protect clients’ interests if action becomes necessary. Our extensive securities experience provides added strength in the area of transaction-related litigation, including proxy contests, hostile takeovers, executive compensation cases, defense of directors and officers from breach of fiduciary duty claims, and representation of special committees.
Internal Investigations
Bingham frequently assists boards of directors, audit committees and special litigation committees in planning and executing internal investigations of potential violations of securities, banking and other laws, and breaches of fiduciary duty. Our legal team, which includes former in-house counsel as well as prosecutors and regulators at the highest levels of federal and state law enforcement, take a pragmatic, business-focused approach to these investigations, developing appropriately scaled strategies that minimize business disruption and expense.