Securities Litigation

Guiding Clients Through Complex Litigation, Investigations and Related Business Challenges

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Our team applies judgment honed over hundreds of matters to guide clients through complex litigation, investigations and related business challenges.

Many of the world’s most innovative technology and life sciences companies have trusted Fenwick to successfully handle their thorniest securities litigation and related investigations. Our lawyers understand that securities litigation can pose significant strategic, financial and reputational challenges, and we partner with clients to develop creative, efficient and effective litigation strategies and resolutions.

Our clients include companies of all sizes, from startups to some of the world’s largest companies. They depend on our counsel in matters that range from routine to highly complex—including litigation and investigations that could threaten a company’s survival.

Our team of more than 20 lawyers has successfully defended companies, boards and individuals in hundreds of securities class actions, shareholder derivative cases and M&A litigation.

We also handle investigations and enforcement actions by the SEC, the Justice Department, and state attorneys general across the United States. Our lawyers (who include former federal prosecutors and SEC enforcement attorneys) have extensive experience representing companies and audit committees in internal investigations involving complex accounting, disclosure, the Foreign Corrupt Practices Act and insider trading issues.

Because our team includes seasoned litigators as well as lawyers experienced in handling internal and external investigations, we offer big-picture advice aimed at anticipating potential litigation or enforcement actions. Thanks to years of experience, we can provide this top-tier counsel efficiently and with a deep understanding of the industry-specific challenges that shape our clients’ goals. We also have outstanding relationships with the Big Four accounting firms, all major D&O insurers, and regulators, and we leverage the extensive experience of our own corporate and crisis management specialists to provide broad, nuanced advice.

  • Securities Class Actions. We pride ourselves on our track record of persuading courts to dismiss cases at the pleading stage. Even on those occasions where a matter survives a motion to dismiss, we bring our expertise to bear through discovery and up to summary judgment, helping to reach favorable resolutions for clients even in the most challenging cases.
  • Shareholder Derivative Actions. Our partners have decades of experience successfully defending shareholder derivative actions claims in courts throughout the country, including the Delaware Court of Chancery. With a slate of clients at all stages of growth, we scale our approach to provide novel strategies for clients who value creativity and innovation.
  • Investigations and Enforcement. Our partners have extensive experience representing companies and audit committees in internal investigations, including those involving complex accounting, disclosure, the Foreign Corrupt Practices Act and insider trading issues. Our securities litigators and our securities enforcement and white collar & regulatory defense ​lawyers represent companies and individuals in formal and informal governmental proceedings before the SEC and the Justice Department. We have represented a wide array of companies, ranging from late-stage “unicorns” to Fortune 100 corporations, in regulatory investigations throughout the world. Many of these representations never become public because we successfully investigate and resolve the matter, assist with remediation, or convince the government to close investigations without action.
  • Corporate Governance. Our partners are nationally recognized for their experience in corporate governance matters, and routinely advise boards and management teams on emerging issues, compliance programs and procedures, and implementation of best practices.
  • Crisis Management. Securities litigation can pose significant strategic, financial and reputational challenges. We advise clients on developing internal and external litigation and communications strategies to navigate the regulatory scrutiny that can accompany securities litigation and investigations.

  • Securities Class Actions. We pride ourselves on our track record of persuading courts to dismiss cases at the pleading stage. Even on those occasions where a matter survives a motion to dismiss, we bring our expertise to bear through discovery and up to summary judgment, helping to reach favorable resolutions for clients even in the most challenging cases.
  • Shareholder Derivative Actions. Our partners have decades of experience successfully defending shareholder derivative actions claims in courts throughout the country, including the Delaware Court of Chancery. With a slate of clients at all stages of growth, we scale our approach to provide novel strategies for clients who value creativity and innovation.
  • Investigations and Enforcement. Our partners have extensive experience representing companies and audit committees in internal investigations, including those involving complex accounting, disclosure, the Foreign Corrupt Practices Act and insider trading issues. Our securities litigators and our securities enforcement and white collar & regulatory defense ​lawyers represent companies and individuals in formal and informal governmental proceedings before the SEC and the Justice Department. We have represented a wide array of companies, ranging from late-stage “unicorns” to Fortune 100 corporations, in regulatory investigations throughout the world. Many of these representations never become public because we successfully investigate and resolve the matter, assist with remediation, or convince the government to close investigations without action.
  • Corporate Governance. Our partners are nationally recognized for their experience in corporate governance matters, and routinely advise boards and management teams on emerging issues, compliance programs and procedures, and implementation of best practices.
  • Crisis Management. Securities litigation can pose significant strategic, financial and reputational challenges. We advise clients on developing internal and external litigation and communications strategies to navigate the regulatory scrutiny that can accompany securities litigation and investigations.

  • Adobe
  • Box
  • Chegg
  • Cisco Systems
  • Diamond Foods
  • Equinix
  • Fitbit
  • GoPro
  • Imperva
  • Intuit
  • King
  • Natus Medical
  • NortonLifeLock
  • Tencent Holdings
  • Tesla
  • Uber
  • Vocera Communications

  • Adobe
  • Box
  • Chegg
  • Cisco Systems
  • Diamond Foods
  • Equinix
  • Fitbit
  • GoPro
  • Imperva
  • Intuit
  • King
  • Natus Medical
  • NortonLifeLock
  • Tencent Holdings
  • Tesla
  • Uber
  • Vocera Communications

"Fenwick provides thoughtful and practical advice on all aspects of disputes—from the first moment of the claim through settlement—and clients always have access to the most senior lawyers to walk them through their strategy. The firm is regularly engaged by leading technology companies to handle bet-the-company cases."

The Legal 500

2019 Edition

Recognition Recognition Recognition

Recognition Recognition Recognition

Recognition
Chambers USA

Consistently ranks our securities litigation practice as one of the country’s best, noting that the team particularly shines for its “in-depth experience in handling post-IPO class action claims” and for its “expertise in regulatory investigations and defending enforcement actions.”

The Legal 500

Regularly identifies Fenwick securities litigation defense lawyers as leading practitioners, including Jennifer Bretan, Michael Dicke, Catherine Kevane and Dean Kristy.

Recognition
Chambers USA

Consistently ranks our securities litigation practice as one of the country’s best, noting that the team particularly shines for its “in-depth experience in handling post-IPO class action claims” and for its “expertise in regulatory investigations and defending enforcement actions.”

The Legal 500

Regularly identifies Fenwick securities litigation defense lawyers as leading practitioners, including Jennifer Bretan, Michael Dicke, Catherine Kevane and Dean Kristy.

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