Securities & Commodities Litigation
Benesch attorneys have decades of experience favorably resolving securities and commodities disputes and defeating related claims so clients can get back on track. Our team provides sophisticated representation to publicly traded companies — as well as their officers and directors — in defense of securities claims brought in connection with secondary offerings, debt offerings and for various claims of fraud.
With a track record of success in high-stakes cases, our attorneys work proactively to resolve matters before they escalate while delivering powerful advocacy when litigation arises.
We work closely with clients to navigate regulatory challenges, mitigate litigation risks and defend against complex securities and commodities claims. Whether managing federal and state class actions, handling CFTC investigations or responding to SEC subpoenas, we bring a strategic, business-minded approach that aligns with our clients’ operational goals.
Experience and Creativity to Resolve Any Claim That May Arise
Our attorneys have successfully resolved wide-ranging securities and commodities related cases alleging everything from insider trading, stock manipulation, securities fraud and other white-collar offenses to breach of fiduciary claims, corporate mismanagement/corporate governance challenges, securities class actions, shareholder disputes and derivative lawsuits, stop-drop claims, whistleblower allegations and alleged violations of the Securities Act, the Securities Exchange Act and the Investment Company Act.
- Securities Litigation & Shareholder Disputes: Defending clients facing securities fraud claims, derivative lawsuits, stock-drop cases and governance challenges.
- Commodities & Derivatives Enforcement: Representing market participants in CFTC and exchange investigations, enforcement actions and compliance matters under the Commodity Exchange Act.
- Regulatory & Compliance Counseling: Advising financial institutions, hedge funds and trading firms on SEC and CFTC compliance.
- Government & Internal Investigations: Handling SEC, DOJ and state securities department inquiries, as well as internal corporate investigations.
Experience
- Represented a “Big Four” accounting firm in securities fraud claims by bondholders and stockholders stemming from disclosure of multibillion-dollar accounting fraud by an audit client. Claims settled following three years of fact discovery.
- Represented a cable set-top manufacturer in a series of securities fraud class actions stemming from disclosure of accounting fraud by a customer. Prevailed on motions to dismiss all claims and all actions.
- Represented cable set-top manufacturer and officers against securities fraud claims. Plaintiffs sought over $2 billion in alleged damages.
- Represented a Fortune 50 financial institution against claims of predatory lending in violation of the Fair Housing Act.
- Represented Fortune 50 financial institution in putative class action alleging manipulation of multibillion-dollar Treasury market.
- Represented a Fortune 100 technology company against claims of securities fraud. Class plaintiffs sought damages in excess of $7 billion. Settled case with motions for summary judgment pending following three years of fact and expert discovery.
- Represented broker-dealers in a securities fraud class action alleging improper short trading. Obtained voluntary dismissal of claims.
- Represented underwriters in securities fraud litigation alleging misrepresentations in connection with IPO. Secured voluntary dismissal of claims against underwriters prior to commencement of discovery.
- Represented a Fortune 50 banking institution in shareholder and bondholder litigation following a multibillion-dollar acquisition. Claims settled on eve of trial following three years of fact and expert discovery.
- Represented broker-dealers in a putative class action alleging improper “naked” short selling. Secured voluntary dismissal of claims with prejudice.
- Represented a Fortune 100 technology company against securities fraud claims. Plaintiff sought over $20 billion in damages. Prevailed on motion to dismiss and secured dismissal with prejudice.
- Represented a Fortune 100 company against claims of aiding and abetting breach of fiduciary duty claims following an acquisition.
- Represented underwriters in securities fraud litigation alleging misrepresentation in connection with an IPO. Settled claims prior to commencement of discovery.
- Obtained dismissal of a multi-billion dollar federal securities fraud claim arising from activities in an unrelated litigation, and successfully defended that dismissal on appeal.
- Obtained dismissal for a global financial institution of claims arising from an allegedly improper drawdown on a series of international letters of credit.
- Consulted with a national financial institution regarding its ediscovery practices and litigation response.
- Led special litigation committee’s investigation of a bank holding company’s shareholder’s breach of fiduciary duty allegations arising from a capital transaction.
