"‘Team of highly motivated and intelligent lawyers who epitomize effective advocacy."
The Legal 500 U.S. 2022
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 non-jury 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 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.
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.
Contacts
Related Experience
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results
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Cobalt International Energy - Securities fraud class action
Life Insurance Company - Appeal to the Ninth Circuit
Willbros Group - Putative Securities Class Action
Engineering Company Board of Directors - Derivative Shareholder Lawsuit
Oilfield Services Company - Asbestos-Related Claims
Halliburton - Shareholder Class Action Over Boots + Coots Acquisition
Former General Mills Executive - Amira Board Advice
Janvey v. Maldonado - Breach of Fiduciary Duty Jury Trial
Cady v. Key Energy Services, Inc. et al - 10b-5 Securities Class Action
10b-5 Class Action Against a Major Engineering and Construction Company
Global Computer Hardware Corporation - Securities Class Action
Governmental Finance and Insurance Agency - Securities Regulation and Enforcement
Major Sugar Company - Securities Class Action
Former CEO of Auto Parts Manufacturer - Securities Fraud Allegations
News
Baker Botts Surpasses $1 Billion in Recoveries for Victims in Stanford Ponzi Scheme, Second-Largest Ponzi Scheme in History
Baker Botts Continues Washington, D.C. Growth, Welcoming Leading Energy Regulatory and Litigation Partners
Market Recap: Thursday, February 18
Yahoo FinanceYahoo Finance
GameStop Post-Game: Congress, Regulators Probe Robinhood And Reddit
Forbes OnlineForbes Online
SEC Says It’s Monitoring for Abusive Trading Activity in Stocks Like GameStop
Barron'sBarron's
Baker Botts Achieves 80% Increase in Lawyer Recognitions in Legal 500 US 2020
Baker Botts’ Band-1 Lawyer Rankings Increase by 38% in Chambers USA 2020
Baker Botts Earns 10 Band-1 Practice Rankings in Chambers USA 2020
Investors Seek OK Of $44M Settlement With ER Operator
Law360Law360
Baker Botts Named “Texas Litigation Department of the Year” by The American Lawyer
Baker Botts Earns 25 National Tier 1 Rankings in 2019 U.S. News – Best Lawyers “Best Law Firms” Survey
The Top IP Topics to Watch in 2019
Thought Leadership
Officer Fiduciary Liability, Supersized: Delaware Court Extends Duty of Care to Corporate Officers
Client UpdatesSecurities Litigation Update
SEC Updates Guidance on Non-GAAP Financial Measures
Client UpdatesCorporate Update
Second Circuit Insider Trading Decision May Have Broad Impacts on White-Collar Prosecutions
Client UpdatesSecurities Litigation Update
SEC Adopts Significant Changes to 10b5-1 Trading Plans
Client UpdatesCorporate Update
Energy Enforcement Insider: Recent ESG Enforcement Activity, Takeaways from SEC Enforcement Director’s Recent Speech, and Recent Crypto-Related Actions
WebinarSEC Enforcement Director Gurbir Grewal Reflects on Commission's Priorities in Keynote Address During Securities Enforcement Forum in Washington, D.C.
Client UpdatesWhite Collar Update
Energy Enforcement Insider: CFTC Annual Enforcement Results, Cross-Border Cooperation, and Improper Trade Allocation, Plus SEC/DOJ Updates
WebinarEnergy Enforcement Insider: SEC/CFTC Enforcement Fiscal Year-End Roundup and Takeaways
WebinarEnergy Enforcement Insider: Inflation Reduction Act - Key Energy Market Highlights
WebinarExculpation of Officers of Delaware Corporations from Liability for Breach of Fiduciary Duties Now Permitted
Client UpdatesCorporate Update
Energy Enforcement Insider: Expected Fall Actions
WebinarEnergy Enforcement Insider: SEC ESG Enforcement Developments and Trends, Plus CFTC and DOJ Updates
Webinar
Current Trends in Accounting Litigation
Speeches & PresentationsAmerican Law Institute Continuing Legal Education
SEC Issues Investment Adviser Risk Alert Regarding Common Ethics and MNPI Deficiencies
Client UpdatesCorporate Update
Deputy Attorney General Highlights DOJ Enforcement Priorities During NYC Bar Association's 10th Annual White Collar Crime Institute
Client UpdatesWhite Collar Update
SEC Proposes New Rules Targeting SPAC Disclosures
Client UpdatesCorporate Update
Insider Trading Update: Out of the Shadows? - Recent decision approves of novel insider-trading theory.
Client UpdatesSecurities Litigation Update
SEC Proposes Changes to Insider Trading Rule
Client UpdatesSecurities Update
SEC Proposes Amendments Rolling Back 2020 Rules Governing Proxy Voting Advice
Client UpdatesCorporate Update
SEC Staff Limits Companies' Ability to Exclude Shareholder Proposals from Company Proxy Statements and Reverses Prior Guidance
Client UpdatesCorporate Update
Board Communications Cheat Sheet - What Every Director Should Know
Client UpdatesNinth Circuit Cuts Investors in Direct Listings Some ‘Slack’ in Pursuing Securities Act Claims
Client UpdatesSecurities Update
SEC's Third Earnings Per Share Action in Less Than a Year Highlights the Commission's Continued Focus on Earnings Management Practices and Litigation Contingencies Disclosures
Client UpdatesSecurities Update
SEC Charges Parties to SPAC Combination for Misleading Disclosures and Due Diligence Failures
Client UpdatesCorporate Update
The Supreme Court Requires Rigorous Examination of Class Action Certification for Stock-Drop Suits Alleging Falsity of Generic Company Statements
Client UpdatesSecurities Litigation Update
Environmental Evolutions: Follow the ESG Road: The Next Step (and the Next) on the SEC ESG Path
PodcastSEC Removes PCAOB Chair and Announces Plans for Board Overhaul
Client UpdatesSecurities Update
SPAC Litigation and Enforcement Update: Spring 2021
Client UpdatesClient Update
Government Investigations and Securities Litigation – You Better Watch Out!
Speeches & PresentationsPanel, IEL’s 72nd Annual Oil and Gas Law Conference
Acting SEC Chair Issues Statement on Commission's Approach Toward Climate-Related Disclosure
Client UpdatesCorporate Update
Meme Stock Mania: SEC Provides Guidance to Companies Experiencing Volatile Trading
Client UpdatesSecurities Update
Time for Plan(et) B? Why Securities Litigation is a Misguided Attempt at Regulating Climate Change
External Article33 Geo. Envtl. L. Rev. 1
Considerations for a Biden Administration – SEC Enforcement and Securities Litigation
VideoConsiderations for a Biden Administration - White Collar & Corporate Investigations
VideoConsiderations for a Biden Administration
Client UpdatesFull Fifth Circuit to Decide Whether Constitutional Challenges to SEC Enforcement Actions Can Be Brought in Federal District Court
Client UpdatesSecurities Litigation Update
SPACs to the Future: What Types of Litigation May Arise for SPACs and SPAC Targets?
Client UpdatesLitigation Update
Defending an SEC Investigation
Speeches & PresentationsCo-host, Lawline, CLE
Supreme Court Cautiously Upholds SEC’s Ability to Obtain Disgorgement in Federal District Court Proceedings
Client UpdatesSecurities Update
SBA's New EZ Loan Forgiveness Application Makes PPP Loan Forgiveness Easier for Some Borrowers; More Businesses Become Eligible for the PPP; and Owner-Borrowers get Clarification on a Path to Full Forgiveness
Client UpdatesCorporate Update
The Southern District of New York Holds that Syndicated Loan Is Not a Security
Client UpdatesCorporate Update
SBA Extends Paycheck Protection Program "Safe Harbor," While DOJ and Treasury Ramp Up Enforcement
Client UpdatesLitigation Update
Staying Ahead of the Curve: Securities Law Considerations for Q1 2020 Earnings Season
Client UpdatesSecurities Update
Glass Lewis Clarifies Guidance on Poison Pills
Client UpdatesCorporate Update
Four Securities Enforcement and White Collar Issues to Watch in a Post-Pandemic Environment
Client UpdatesISS Issues New Guidance on Poison Pills
Client UpdatesCorporate Update
"Poison Pill" Defenses in Current Corporate Environment
Client UpdatesCorporate Update
Delaware Supreme Court Decides Facial Validity of Federal Forum Provisions
Client UpdatesBaker Botts Securities Litigation Update
Communicating with Investors - What Public Companies Impacted by Volatile Commodity Pricing or COVID-19 Related Demand Uncertainty Need to Know
Client UpdatesSecurities Litigation Update
Trump’s Proposed Budget Threatens Audit Watchdog’s Enforcement Functions
Client UpdatesBaker Botts Regulatory Update
Changes to PCAOB Quality Control Standards Could Lead to More Exposure for Audit Firms
Client UpdatesRegulatory Update
Issues for U.S. Directors on Foreign Boards
Client UpdatesBaker Botts Litigation Update
Texas Supreme Court Clarifies Requirements for Arbitration Agreements: Arbitrability of Class Claims is an Issue for Courts to Decide Unless the Arbitration Agreement Clearly Provides Otherwise
Client UpdatesBaker Botts Client Update
Enforcement Landscape
Speeches & PresentationsPanelist, Compliance Vision 2021 Symposium, Regulatory Compliance Association
Disgorgement on the Chopping Block Again: Supreme Court to Decide Whether the Federal Securities Laws Authorize the SEC to Seek Court Ordered Disgorgement
Client UpdatesBaker Botts Securities Update
SEC's Mylan Settlement Shines a Light on Disclosure of Litigation Contingencies
Client UpdatesSecurities Litigation Update
Delaware Supreme Court Rejects “Rote” Reliance on Market Price in Reversing “Troubling” Post-Merger Appraisal Ruling
Client UpdatesBaker Botts Client Update
U.S. Supreme Court Holds that “Disseminating” But Not “Making” False Statements Can Still Constitute Securities Fraud
Client UpdatesSecond Circuit Affirms Insider Trading Conviction
Client UpdatesBaker Botts Client Update
Supreme Court to Review Standard for Challenging Tender Offers Under the Securities Exchange Act
Client UpdatesSecurities Litigation Update
Partial Federal Government Shutdown Affects SEC Operations: What You Need to Know
Client UpdatesBaker Botts Client Update
Return of the MAC? Akorn v. Fresenius
Speeches & PresentationsACC Houston, M&A Practice Group CLE
Supreme Court Finds SEC ALJs are Inferior Officers Subject to the Requirements of the Appointments Clause
Client UpdatesSecurities Litigation Client Update
Oracle Shareholders Demonstrate Demand Futility in Lawsuit Challenging Oracle's $9.3 Billion Acquisition of NetSuite
Client UpdatesSecurities Litigation Update
U.S. Supreme Court Unanimously Affirms Plaintiffs' Ability to Bring Certain Federal Securities Class Actions in State Court
Client UpdatesSecurities Litigation Update
Supreme Court Narrows Dodd-Frank Whistleblowers: Holds Only Those Who Go to SEC Are Protected
Client UpdatesSecurities Litigation Update
Supreme Court to Decide Whether Sec ALJs Are Inferior Officers Subject to the Requirements of the Appointments Clause
Client UpdatesSecurities Litigation Update
FINRA’s 2018 Priorities Letter: Increased Exam Transparency, More Tools for Firms, and a Focus of Retail Investment Fraud
Client UpdatesSecurities Litigation Update
Delaware Supreme Court Reaffirms High Standard for Pleading Demand Futility in a Director Oversight Case
Client UpdatesSecurities Litigation Update
Events
Recent
Securities Enforcement Forum 2020
Baker Botts is proud to sponsor the virtual Securities Enforcement 2020 on Wednesday, October 28th.
Webinar: Understanding the Drop in Oil Price and its Impacts
Baker Botts will be hosting a webinar on the legal issues surrounding the recent sharp price fall in crude oil and will be joined by Mark Finley from Rice University's Baker Institute.
Association of Corporate Counsel 2019 Annual In-House Symposium
Baker Botts lawyers Tom O'Brien, David Genender, Jessica Pulliam and Jordan Kazlow will be speaking at the ACC 2019 Annual In-House Symposium on April 26th.
Baker Botts Webinar: Legal Issues Associated with Production Projections
Baker Botts will be hosting a webinar that discusses Legal Issues Associated with Production Projections on Tuesday, January 15th.
Baker Botts and Lazard Webinar: Key Current Trends and Best Practices for Preparedness
Please join Baker Botts partners, Travis Wofford and Danny David, along with Mary Ann Deignan and Christopher Couvelier from Lazard’s Shareholder Advisory practice and Doug Fordyce from Lazard’s Houston office, as they provide an update on the state of shareholder activism and related legal developments.
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.