Seth Aronson
400 South Hope Street
Los Angeles, CA, 90071
Phone: +1-213-430-7486
Fax: +1-213-430-6407
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Bradley J. Butwin
Times Square Tower
7 Times Square
New York, NY, 10036
Phone: +1-212-408-2424
Fax: +1-212-326-2061
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Marc Feinstein
400 South Hope Street
Los Angeles, CA, 90071
Phone: +1-213-430-7274
Fax: +1-213-430-6407
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Jeffrey Kilduff
1625 Eye Street, NW
Washington, DC, 20006
Phone: +1-202-383-5383
Fax: +1-202-383-5414
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Meredith Landy
2765 Sand Hill Road
Menlo Park, CA, 94025
Phone: +1-650-473-2671
Fax: +1-650-473-2601
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Amy Longo
400 South Hope Street
Los Angeles, CA, 90071
Phone: +1-213-430-8351
Fax: +1-213-430-6407
LAWYERS
- Related Practices
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Advanced Marketing Services, Inc.
Advanced Micro Devices
Apollo Management L.P.
Apple, Inc.
Banc of America Securities LLC
Bank of America, N.A.
Chemtura Corporation
Credit Suisse First Boston
Deutsche Bank
Dynegy
ESS Technology Inc.
Fannie Mae
Magma Design Automation, Inc.
Matrixx Initiatives Inc.
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NYSE Board of Directors
Robertson Stephens, Inc.
SanDisk Corporation
Skechers USA, Inc.
Southwest Gas Corporation
Tenet Healthcare Corporation
Trust Company of the West
UBS Securities LLC
Vitesse Semiconductor Corporation
Watson Pharmaceuticals Inc.
Western Digital Corporation
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Securities Litigation
Recent corporate scandals, resulting in greater scrutiny by regulators and private plaintiffs, have increased the risks of securities litigation.
Whatever the controversy, O’Melveny has the resources to defend corporations and their directors and officers. Our lawyers are among a select few who have successfully tried securities-related cases to jury verdict. More often we obtain early dismissal or disposition of securities actions before trial. We recently prevailed in the Second Circuit reversal of class certification in the “IPO Litigation,” the largest consolidated securities class action in US history.
Our experience extends well beyond the courtroom. We represent companies and audit and special committees in internal investigations involving allegations of complex accounting fraud and potential financial restatements. Clients sought our assistance in dealing with questionable stock-option grant practices before the issue made headlines. On the legislative front, O’Melveny played a crucial role in the passage of the Class Action Fairness Act of 2005.
Key Facts
- Our practice includes more than 50 securities litigators in California, New York, and Washington, DC, and we have a leading presence in the busiest securities litigation dockets in the United States — the Second and Ninth Circuits. We defend companies and individuals in securities class actions, derivative lawsuits, and regulatory and enforcement actions brought by the Securities and Exchange Commission (SEC), the National Association of Securities Dealers, the New York Stock Exchange, and securities cases prosecuted by the Department of Justice (DOJ).
- We recently received recognition as one of the top four “Most-Retained Defense Firms” in the United States in a recent survey by Securities Law360.
- In recognizing O'Melveny as among the top securities litigation practices in its 2008 rankings of the nation's leading firms, The Legal 500 United States comments that our practice is "fully conversant with all the major developments in the market, its understanding of the federal securities laws are as good as any firm in the market."
- Our impressive track record includes the defeat of claims implicating the Private Securities Litigation Reform Act of 1995 and the Securities Litigation Uniform Standards Act of 1998.
- We are well-versed in the Sarbanes-Oxley Act of 2002 and have counseled clients to respond in an effective manner and have frequently lectured and written articles on the subject. Our article on Section 304 of the Act was the cover story for the May 2006 issue of the International Financial Law Review.
- Class action litigation frequently proceeds simultaneously with claims for breach of fiduciary duty, common law fraud, and negligent misrepresentation against a company’s directors and officers. Our lawyers have significant experience vigorously defending companies and individuals who find themselves in this situation. Our experience includes recent engagements for Fannie Mae, Vitesse Semiconductor Corporation, Advanced Marketing Services, Inc., and ESS Technology, Inc.
- We give yearly lectures for the Practicing Law Institute (PLI) and provide annual updates for the article, “Shareholder Derivative Actions: From Cradle To Grave,” which is published in PLI’s Corporate Law and Practice Course Handbook series.
- We defend the largest US accounting and law firms in a variety of professional liability matters stemming from securities work.
- When our clients face government enforcement threats in tandem with securities litigation, we partner with lawyers from our Securities Enforcement & Regulatory Counseling and White Collar Defense and Corporate Investigations practices who have an in-depth understanding of SEC and DOJ policies and decision-making.
- The Firm made passage of the Class Action Fairness Act of 2005 a priority, developing the bill’s conceptual framework, assisting in crafting the strategy that moved the bill through Congress, authoring numerous articles in support of the change, and providing congressional testimony in favor of the legislation. In recognition of our efforts, we were the only law firm invited to attend the signing ceremony at the White House.
Practice Strengths
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Accounting Restatements
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Director and Officer Representations
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Going Private Transactions
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Insider Trading
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Mergers and Acquisitions Litigation
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Misdated Stock Options
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Multi-front Litigation
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Proxy Solicitation Litigation
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Representation of Special Committees of the Board of Directors
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Securities Class Actions
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Shareholder Derivative and Breach of Fiduciary Duty Actions
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Underwriter and Financial Institution Representation
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Watson Pharmaceuticals
Diagnostic Products Corporation
Advanced Marketing Services, Inc.
Banc of America Securities LLC (BAS)
In re Skechers U.S.A. Inc. Securities Litigation
Chemtura Corporation
In re Biovail Corporation Securities Litigation
La Senza Corp.
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