Securities Class Action Defense and Shareholder Litigation

Our Securities Class Action Defense and Shareholder Litigation practice group represents a broad range of clients ranging from individual officers, directors and stockholders to corporations, partnerships, investment funds, institutional investors, stock brokers and accounting firms. We assist clients with all aspects of corporate and securities litigation including:

• Securities Class Actions and Parallel ERISA Class Actions
• Shareholder Disputes and Derivative Actions
• Proxy Contests and Corporate Control Litigation
• Merger and Acquisition Litigation

Our securities litigation lawyers work closely with our White Collar Criminal Defense Practice Group in connection with Securities Exchange Commission actions and with our Corporate/Securities Practice Group in connection with fiduciary duties, corporate governance, internal investigations and special board committee work. They work closely with our Insurance Coverage Litigation Practice Group in connection with director and officer indemnification and insurance coverage issues. Also, they work with lawyers in other practice areas as part of a coordinated, multidisciplinary ERISA and Other Benefits Litigation Practice Group to provide clients with comprehensive legal services regarding disputes involving ERISA, including actions brought under ERISA that mirror the factual allegations of parallel securities fraud class actions.

Expertise
Our lawyers have significant experience in all areas of corporate and securities litigation, including class actions and derivative suits. We have extensive experience litigating against the most active plaintiff securities class action law firms in the nation, including Milberg, LLP and Coughlin Stoia Geller Rudman & Robbins, LLP. We litigate before federal and state courts and self-regulatory bodies and handle investigations by, and enforcement proceedings before, federal and state regulatory agencies.

Added Value
Our lawyers devise creative and sensible strategies designed to further our clients’ corporate goals as well as their litigation objectives. We invest time learning the intricacies of our clients’ businesses to enhance the quality of our advice and to foster long-term relationships. We work with clients and their insurers to maximize coverage under all implicated policies. We also employ the firm’s top-ranked, state-of-the-art technology from the outset of every case to facilitate teamwork and eliminate duplicative efforts, to preserve and organize information, and to keep our clients well-informed.

Industry Experience
We serve as counsel for numerous publicly-held corporations as well as those whose stock is traded over-the-counter. Our clients come from a variety of industries including: wireless communications, fiber-optic transmissions, information technology, e-commerce, consumer finance, consumer loan securitizations, mortgage-backed assets, oil and gas, mining, chemicals, investment banking, underwriting, and broker-dealers.

Some of the significant decisions attorneys in this practice area have obtained include:

Dismissal/Summary Judgment Opinions in Securities Fraud Suits

• Pedroli v. Bartek, 564 F. Supp.2d 683 (E.D. Tex. 2008)
• Energytec, Inc. v. Proctor, 516 F.Supp.2d 660 (N.D. Tex. 2007)
• Krim v. pcOrder.com, Inc., 402 F.3d 489 (5th Cir. March 1, 2005)
• In re Alamosa Holdings, Inc. Sec. Litig., 2005 WL 712001 (N.D. Tex. Mar. 28, 2005)
• Krim v. pcOrder.com, Inc., 2003 WL 21076787 (W.D. Tex. May 5, 2003)
• Berger v. Beletic, 248 F. Supp. 2d 597 (N.D. Tex. 2003)
• In re Capstead Mortgage Corp. Sec. Litig., 258 F. Supp. 2d 533 (N.D. Tex. 2003)
• Sherman v. Triton Energy Corp., 124 S.W.3d 272 (Tex. App. - Dallas, 2003)
• Alcina v. pcOrder.com, Inc., 230 F. Supp. 2d 732 (W.D. Tex 2002)

Dismissal/Summary Judgment Opinions in Shareholder Derivative Suits

• In re Schmitz [Lancer Corporation], 285 S.W.3d 451 (Tex. May 22, 2009)
• King v. Bartlett [Flowserve Corporation], No. 600991/2007 (S.Ct. N.Y. Co., Jan. 2, 2008)
• King v. Bartlett [Flowserve Corporation], 3:06-CV-0453 (N.D. Tex., Mar. 14, 2007)

Denials of Class Certification

• Umsted v. Intelect, Inc., 2003 WL 79750 (N.D. Tex. Jan. 7, 2003)
• Kase v. Salomon Smith Barney, Inc., 2003 U.S. Dist. LEXIS 16659 (S.D. Tex. Aug. 21, 2003)
• Krim v. pcOrder.com, Inc., 210 F.R.D. 581 (W.D. Tex. 2002)