Baker Botts' securities litigators are a part of Baker Botts' top-ranked trial team, which has been recognized by The National Law Journal as one of the top 10 litigation defense practices in the country. Our experience stretches across the country – including most of the federal circuits as well as state courts all over the United States – and encompasses all facets of securities litigation and arbitration. Our representations often include parallel proceedings and our lawyers are accustomed to handling internal investigations, enforcement proceedings and any accompanying litigation. When teamed with the intensive industry knowledge of our corporate lawyers, the result is a thorough, aggressive and creative representation of our clients. Our securities litigators are easily distinguished from most of their peers by the fact that all have actually tried multiple jury and nonjury cases to conclusion.
Class Action Securities Fraud
Our trial lawyers routinely represent issuers of securities, along with their officers and directors, in class action securities fraud cases. We have an outstanding track record of resolving these cases by obtaining dismissals on the pleadings, defeating class certification, and winning summary judgments and/or jury verdicts. In fact, three of the leading Fifth Circuit cases following the comprehensive 1995 amendments to the federal securities laws, Nathenson v. Zonagen, 267 F.3d 400 (5th Cir. 2001), Abrams v. Baker Hughes, Inc., 292 F.3d 424 (5th Cir. 2002), and Kapps v. Torch Offshore, Inc., 379 F.3d 207 (5th Cir. 2004) are cases in which the Fifth Circuit affirmed dismissals or summary judgments on behalf of our clients. We also frequently represent accounting firms, as well as underwriters in such matters.
Derivative and Fiduciary Duty Litigation
Baker Botts lawyers often represent corporate officers and directors in derivative and fiduciary duty lawsuits relating to corporate governance. Recently, we obtained a favorable jury verdict for Pennzoil's former directors after a three-week jury trial in a case where the plaintiff class alleged damages in excess of $610 million against them for failing to disclose all material information to the shareholders prior to their approving the sale of Pennzoil to Shell Oil Company and for breaching their fiduciary duties.
We also continually counsel special litigation committees investigating derivative claims and special committees evaluating offers from majority shareholders, management buy-outs and other similar scenarios.
Contests for Corporate Control
Our lawyers routinely advise companies on acquisitions and proxy issues and handle cases stemming from contests for corporate control.
SEC Enforcement Matters
We represent officers, directors and corporations in SEC enforcement matters, including options practices, insider trading, accounting issues, mutual fund practices and IPO allocations. We also help audit committees conduct independent investigations relating to derivative claims, whistle-blower allegations and potential securities law violations. The firm's lawyers include a former SEC general counsel and other former SEC staff members, a former branch chief of enforcement at the SEC's Northeast Regional Office in New York, and a special assistant United States attorney in the securities crime unit in the Southern District of New York.
Broker-Dealer Representation
We routinely represent broker-dealers in arbitrations brought by customers, former employees and competitors, as well as in investigations before the SEC, NASD, NYSE and state securities boards.