The Baker Botts Securities Litigation team 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.
"Baker Botts L.L.P. is outstanding in this area."
Legal 500 US 2014 - Securities: Shareholder Litigation
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 achieving favorable summary judgments and/or jury verdicts. We also frequently represent accounting firms, as well as underwriters in such matters.
Derivative and Fiduciary Duty Litigation:
Baker Botts lawyers often represent companies and their officers and directors in derivative and fiduciary duty lawsuits relating to corporate governance. 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.
DOJ and SEC Enforcement Matters:
We represent officers, directors and corporations in DOJ and 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 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 lawyer in the securities crime unit in the Southern District of New York.
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.
Publications, Speeches & Presentations
Oracle Shareholders Demonstrate Demand Futility in Lawsuit Challenging Oracle’s $9.3 Billion Acquisition of NetSuiteFirm Thought Leadership
Delaware law sets a very high bar that a shareholder-plaintiff must clear to bring a derivative suit on behalf of a company. But that bar is not insurmountable, as recognized by the Delaware Court of Chancery’s opinion in In re: Oracle Corporation Derivative Litigation (No. 2017-0337-SG), decided March 19, 2018.
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
20th Annual IA Compliance: The Full 360 Degree View East - Navigating the Shifting Landscape of IA Compliance
The conference will offer guidance on how to nimbly adjust your compliance program for this shifting regulatory arena so you can avoid embarrassing exam deficiencies and costly compliance missteps.