Securities Litigation

Publication

Sale of CITGO Going Forward With Strict Deadlines for Participating Judgment Creditors

Wilk Auslander is a dynamic presence in the area of securities litigation. Our work includes defending securities class actions and derivative lawsuits; litigating FINRA arbitrations; and representing broker dealers, registered persons, and other financial professionals in investigations by regulators (including congressional inquiries) and self-regulatory organizations (SROs). We also assist distressed debt holders in enforcement and other proceedings, represent public companies in litigation involving securities issued by such companies, and provide essential risk management solutions for our clients’ securities needs.

Our clients include investment banks, private equity firms, hedge funds, underwriters, and multinational corporations. Wilk Auslander’s experience and knowledge allow us to provide clients with skillful advocacy that develops and executes a strategy tailored to each client’s business and regulatory requirements.

Our securities litigation team vigorously represents our clients in state and federal courts throughout the United States in cases of national importance. We defend class and individual actions under the Securities Act of 1933 and the Securities Exchange Act of 1934, including actions alleging 10b-5 and Sections 11 and 12 liability. We also regularly handle mergers and acquisitions-related litigation.

We have secured numerous successful outcomes for our clients, including dismissals of actions at the pleading stage.

Obtained multiple dismissals of a class action lawsuit against an investment bank and its officers alleging improper communications between a broker-dealer’s research and investment banking divisions. The dismissals were ultimately affirmed by the Ninth Circuit Court of Appeals.
Successfully dismissed several class action lawsuits brought against our clients alleging violations of the Securities Act of 1933.
Represented a hedge fund seeking damages for a large international bank’s failure to return more than $22 million of collateral securing credit default swaps.
Obtained one of the largest awards ever awarded against an individual — in excess of $10.7 million — in a FINRA arbitration.
Secured a favorable multimillion-dollar arbitration award rendered by the London Court of International Arbitration for an investment bank claiming breach of a placement agent engagement agreement arising from the issuer’s failure to compensate the bank for investment services rendered.
Obtained a ruling from the Eleventh Circuit Court of Appeals establishing that only actual owners of securities — not affiliates of owners — are deemed beneficial owners subject to the reporting requirements of §13(d) of the Securities Exchange Act of 1934.
Successfully represented a large fund manager against a large international bank seeking a multimillion-dollar damages award for breach of a series of total return swaps.
Successfully negotiated a settlement on behalf of a public biotechnology company in an action arising from the purported sale by a former principal of restricted stock subject to SEC Rule 144.
Successfully obtained denial of motions to dismiss brought by former officers of the defendant public company in a federal court action brought on behalf of investment funds alleging securities law violations relating to loans made. In denying the motions to dismiss, the court confirmed the viability of the group pleading doctrine.