Securities Litigation
When corporate transactions or stock price drops trigger headwinds for public companies, our range of services—from board counseling and pre-litigation strategy through trial and appeal—help clients achieve favorable results.
When corporate transactions or stock price drops trigger headwinds for public companies, our range of services—from board counseling and pre-litigation strategy through trial and appeal—help clients achieve favorable results.
Whether sparked by a short-seller attack, a public disclosure, a major corporate transaction or economic turmoil, shareholder lawsuits and allegations of securities law violations or Delaware fiduciary breaches can put a company under an unwelcome spotlight. These claims raise the specter of adverse publicity, burdensome discovery, intrusive demands, and outsize damages claims. O’Melveny’s securities litigators help clients fight back. We work with Fortune 500 companies, directors and officers, underwriters and financial advisors, and corporate acquirers to limit exposure and refocus the public narrative.
With a core team of dozens of securities litigators on both coasts of the United States, our award-winning Securities Litigation Practice brings a decades-long record of pretrial and trial victories for clients in courts across the country, including the United States Supreme Court. We have successfully defended some of the best-known corporations and officers and directors against headline-making securities and fiduciary breach allegations. Our teams are equally experienced at handling the many types of claims that often accompany securities litigation, such as derivative and other fiduciary duty claims, M&A and other transaction-related litigation, and complex commercial disputes.
We also serve as trusted advisors to companies and their boards in the face of business or regulatory challenges. Our securities litigators know that an early and proactive approach is critical to reducing exposure and protecting not only the company, but also its officers, directors and financial advisors. Drawing on our expertise in governance, corporate law, securities law, and litigation, we work with clients to identify the most effective course of action with the clients’ priorities top of mind. Whether providing counseling to directors in a crisis, conducting targeted internal investigations, or developing novel strategies for responding to risks, our team is here to help.
While we always aim to provide our clients a cost-effective resolution, we never shy away from a necessary fight—our lawyers are among a select few who have successfully tried securities-related cases to jury verdict. We also speak our clients’ language. With teams of bilingual attorneys working in Asia and the US, we have deep experience defending China-based US-listed public companies in securities class actions in US courts.
Negotiated a highly favorable settlement for the company and certain officers and directors ending all litigation relating to a merger, a resolution that included the favorable settlement of a Securities Act class action after contentious litigation.
Dismissal of shareholder class claims that a private-equity firm aided and abetted fiduciary breaches of the seller company’s board members in a billion dollar go-private sale.
Secured dismissal in a putative securities class action for a REIT that owns billions of dollars of real estate loans across the country.
Achieved a series of victories for the former directors, in securities and derivatives litigation arising from the company’s restatement of its financials and subsequent merger.
Successfully defended the company and its directors in a multi-forum ’33 Act litigation alleging that the company’s registration statement contained false or misleading statements.
Successfully defended underwriters in federal and state courts across the country, cementing our reputation as one of the go-to firms defending underwriting syndicates in securities class actions stemming from IPOs and secondary offerings, including: won dismissal of Exchange Act claims against a Goldman Sachs-led underwriting syndicate in a putative class action and parallel state-court action, arising from the IPO of a ride-hailing platform that was forced to delist and pay heavy fines after a PRC investigation found data-privacy violations. We also secured an early dismissal of a secondary public offering underwriting syndicate in the first SPAC-related securities class action alleging that the classification of SPAC warrants as equity was materially false and misleading.
Defended the chief executive officer and ten other executives in obtaining dismissals of state and federal derivative litigation stemming from the biggest natural gas leak in US history.
O’Melveny “brought a clear legal strategy that put us in a favorable position immediately.”
—Client Testimonial, The Legal 500 US
“They are really good people and have the substance to do the job well. When I’m stressed they take that away.”
—Client Testimonial, Chambers USA
“They keep you fully informed and the team is always accessible.”
—Client Testimonial, Chambers USA
“They’re exceptionally high-quality lawyers. They’re good and careful yet aggressive when they need to be. They’re very professional and smart.”
—Client Testimonial, Chambers USA
“Well-respected firm which leverages its recognized strength in litigation in a wide variety of securities cases, including class actions, derivative suits and M&A litigation. Acts for public companies and their directors, as well as underwriters, and regularly engaged by leading financial institutions.”
—Chambers USA