Day Pitney is a leader in securities litigation, including securities class actions and derivative litigation, securities arbitration, regulatory enforcement proceedings and white collar criminal prosecutions. Public and private companies and their officers and directors, broker-dealers, investment advisors, and accounting firms count on our defense strategies for major securities fraud litigations, including many subject to the Private Securities Litigation Reform Act of 1995.
Our securities litigation team has tried class actions under Sections 10(b) and 20(a) of the Securities Exchange Act and has represented officers and directors in putative class actions. We defend corporations and individuals in derivative actions in state and federal courts, and also help them deal with New York Stock Exchange (NYSE), National Association of Securities Dealers (NASD), Securities and Exchange Commission (SEC) and state investigations and enforcement actions.
Both suitors and targets have sought our counsel in corporate control contests, and individual and institutional investors have relied on us for representation in fraud and derivative claims arising out of failed investments.
Day Pitney has broad experience in the full variety of litigation arising under the securities laws and regulations, including the following:
- Federal and state securities class actions
- Shareholder derivative litigation
- SEC, NYSE, NASD and state regulatory investigations and enforcement actions involving broker-dealers, investment advisors, hedge funds, public and private companies, and individuals
- Investigations and actions involving alleged accounting irregularities
- Public offering and proxy litigation
- Internal investigations
- Representation of special committees
- Sophisticated consulting services, including service as SEC monitor
Our team defends broker-dealers and investment advisors in enforcement proceedings before the SEC, NYSE, NASD and other securities regulators; in arbitrations at self-regulatory organizations; and in parallel criminal proceedings before the U.S. Department of Justice and offices of state attorneys general. We also help them deal with private civil litigation in the federal and state courts.
Our lawyers also have significant experience in matters involving broker-dealer regulation, investment advisor regulation, investment company regulation, public company disclosure, insider trading, mutual fund market timing and late trading, and general securities fraud.
Sophisticated Consulting Services
Clients also retain our securities litigation lawyers in a consulting capacity to handle a variety of issues. For example, we recently acted as independent consultant to an NYSE specialist firm pursuant to joint orders of the SEC and NYSE; served as plan administrator to monitor a broker-dealer''s SEC-ordered distribution of $50 million to mutual fund investors; and published a white paper on behalf of a major technology vendor and service provider concerning the SEC''s electronic record-keeping rule.
Integrated Securities Representation
Day Pitney has a broad securities law practice, representing a wide variety of business enterprises in public and private offerings of debt and equity securities. In addition to counseling companies raising capital through securities offerings, we assist our diverse publicly owned corporate clients in complying with the regulatory requirements of the Securities Exchange Act of 1934, including the periodic reporting, proxy and insider trading provisions of the 1934 act as well as the evolving implications of the Sarbanes-Oxley Act. Our Securities Litigation practice group works closely with our White Collar Defense and Internal Investigations practice group to bring an extra dimension and perspective to matters. Clients are particularly pleased by our ability to marshal a multidisciplinary team to respond on extremely short notice to significant problems. On numerous occasions, they have called on us to respond to such matters as threatened or actual regulatory actions, injunctive proceedings, or corporate takeover scenarios.