Doug Henkin has a national trial, arbitration, regulatory and appellate practice concentrating on federal and state court securities and complex commercial litigation, including class and representative litigation. He also focuses on complex cross-border litigations, including securities and mass tort litigations involving contemporaneous disputes in the courts of the U.S., Canada and England, and is skilled in disputes involving technology and complex financial instruments. He also has significant experience relating to technology and security issues pertinent to cybersecurity, including data encryption, data protection, and privacy.
- Representation of former CEO of major Canadian oil company in connection with U.S. and Canadian class actions and regulatory proceedings
- Representation of former mortgage originator and issuer of residential mortgage-backed securities in litigations demanding that issuer repurchase substantially all loans that formed the basis for certain residential mortgage-backed securities
- Advising clients regarding cybersecurity issues, including system breaches and data exfiltration, ransomware, encryption, and security review and enhancement, including representing client in litigation regarding unauthorized data exfiltration
- Reinsurance Companies — representation of three of the world’s largest reinsurers in connection with UK and U.S. litigation relating to a large reinsurance policy in connection with complex asbestos bankruptcy restructuring
- Representation of NYSE options markets and another options market in achieving dismissal of claims by market makers that market makers were improperly charged payment for order flow fees
- Submission U.S. Supreme Court amicus curiae brief for NYSE in Merrill Lynch v. Manning
- Submission of Second Circuit amicus curiae brief for NYSE in connection with class action litigation against Nasdaq regarding the IPO of Facebook
- Representation of NYSE markets in ongoing challenges to the pricing of their market data fees
- Standard Investment Chartered, Inc. v. Nat’l Ass’n of Secs. Dealers, Inc., 637 F.3d 112 (2d Cir. 2011) — representation of NYSE in trial and appellate proceedings in putative class action challenging the creation of FINRA; courts held NYSE was immune from claims relating to the formation of FINRA (including proxy fraud claims)
- Representation of mutual fund management companies and their officers and directors in litigations in NY and Delaware seeking to assert RICO and state law claims that certain investments in securities publicly traded on the London Stock Exchange were “illegal” under U.S. law; achieved the first with-prejudice dismissal of this type of case (which was also brought against other mutual funds regarding similar investments)
- Representation of underwriters in U.S. state, U.S. federal court and Canadian court class actions relating to the IPO of Smart Technologies Inc.
- Representation of underwriters in Fait v. Regions Financial Corporation, which established that a plaintiff seeking to bring claims under the Securities Act of 1933 that statements of opinion were false must plead that a defendant did not in fact believe those statements when they were made
- Representation of underwriters in Flag Telecom Securities Litigation, in which the United States Court of Appeals for the Second Circuit accepted discretionary review of class certification decision and, on appeal, dismissed the vast majority of potential claims against the underwriters
- Representation of director of major insurance broker in achieving dismissal of securities class action claims relating to broker’s alleged bid-rigging
- Achieved defense verdict after trial in representation of investment bank and technology company in case asserting misrepresentation in connection with the sale of the technology company’s stock from a bankruptcy estate
- Representation of large gold mining company and its officers in securities class actions relating to the company’s use of commodity derivatives in its gold hedgebook
- Representation of one of the world’s largest banking institutions in a case concerning high-yield short-term notes
- Representation of one of the world’s largest securities firms in connection with various Orange County litigation matters
- Representation of one of the world’s largest electronics companies in a patent dispute concerning computer displays
- Representation of technology company in its defense of a securities class action suit brought after it was required to restate its financials following a change in accounting methodology mandated by the SEC
- Representation of plaintiff class in action against the New York City Department of Education that resulted in entry of consent decree, payment of significant monetary awards to class members, and the creation of an entirely new unit of the DOE
Publications, Speeches & Presentations
Wolters Kluwer Securities Regulation Daily
U.S. Supreme Court Unanimously Affirms Plaintiffs’ Ability to Bring Certain Federal Securities Class Actions in State CourtFirm Thought Leadership
In an opinion released March 20, 2018, the Supreme Court of the United States settled a long-disputed question regarding the ability of state courts to hear certain class action securities claims filed under federal law and whether such actions can be removed to federal court.
Securities Litigation Update
Baker Botts will host a comprehensive CLE program in our Washington office on October 24, 2017.
The inaugural Reverb Conference, hosted by Colorado Innovation Network and Sound Ventures (a Liberty company), is a conference organized to foster connections between national tech startup firms and government.
The American Public Power Association will host the Legal & Regulatory conference in Long Beach, California, October 16th through October 19th.