When it comes to securities, trust our experience.
The securities sector is complex and heavily regulated; securities cases are rarely crystal clear. Complicated shareholder agreements, changing regulatory rules, and a labyrinth of legal considerations make each case unique.
Buchanan Ingersoll & Rooney's Securities Litigation Group has represented corporations and executives in SEC enforcement proceedings, hostile takeover litigation, shareholder class and derivative actions, and SEC and FINRA investigations. Our clients include commercial banks, underwriters, mortgage insurers, accounting firms, and brokerages.
Broad experience, sharp insights.
- Our group deals regularly with the complexities of the Securities Act of 1933 and the Securities Exchange Act of 1934.
- We handle broker/dealer consumer actions, disciplinary proceedings instituted by self-regulatory organizations (SROs), insider trading allegations, and all manner of securities arbitrations overseen by FINRA, the NYSE and other SROs.
- Some of our attorneys are FINRA arbitrators, which gives them special understanding of the workings of FINRA panels.
- We also provide advice about the Sarbanes-Oxley Act.
Among other engagements, we have represented Stonepath Inc. in obtaining a dismissal of a derivative lawsuit against it — the first time a U.S. court had ruled that a private plaintiff cannot seek disgorgement from a company's officers under Sarbanes-Oxley. We represented Armstrong World Industries, Inc. and Conrail, Inc. in takeover litigation and Amerisource Bergen in a shareholder derivative suit in the U.S. District Court for the Eastern District of Pennsylvania. We've handled matters for Kennametal, General Electric Corporation PLC and the Keane Organization, as well.
Our clients also include individuals and smaller corporations. We've counseled many different types of organizations on FINRA, SEC and litigation matters, and we give the same attention to every client regardless of size. We recognize that litigation isn't always the appropriate course of action — we're always careful to consider whether negotiation might provide a better or more cost-effective outcome for a client.
Other clients, other services.
Our litigators represent brokerage firms before state and federal courts and in various arbitration forums including FINRA and AAA. We've handled matters for, among others, Janney Montgomery Scott LLC, Morgan Stanley Smith Barney and Raymond James Financial Services, Inc. We have dealt with allegations of unauthorized trading, churning, unsuitability, fraud, front running and failure to supervise. We have also handled employment issues for our brokerage firm clients.
Our group provides legal advice to accountants and auditors, issuers of securities and financial services firms. We've handled securities class actions and professional liability cases. We also represent accounting firms and individuals in proceedings before the SEC, PCAOB and AICPA.
Our litigators offer advice on directors and officers (D&O) insurance policies. Because securities litigation is typically expensive, the correct interpretation of these policies is critical to tapping into the necessary funds to enable the litigation to proceed smoothly and successfully. We have years of experience in negotiating with insurers over both coverage and fees.
Collaboration is key.
Because civil investigations sometimes veer into the criminal area, we work closely with our colleagues in the White Collar Defense and Investigations Group, which has included former assistant U.S. attorneys, Department of Justice trial lawyers, FBI agents, SEC officials and state and local prosecutors. And our Corporate Finance Group helps us advise brokerage firms on how best to comply with regulatory laws and regulations. We regularly structure in-house seminars for clients on topics like insider trading, recent SEC regulations and Sarbanes-Oxley. Our litigators are often featured on seminar panels dealing with class actions, securities arbitration, the fiduciary duties of directors and the Private Securities Litigation Reform Act.