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The American Lawyer 2008 Litigation Department of the Year


Industry Expertise:


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Securities Litigation, Enforcement and White-Collar Defense

Overview


Contact: Jack Auspitz , Jordan Eth , Carl Loewenson or Darryl Rains

Morrison & Foerster is a recognized national leader in all aspects of securities litigation, enforcement, and white-collar defense.  For decades, in jurisdictions around the country, we have successfully represented issuers and their officers and directors in private securities litigation, including class actions and derivative suits.  We also have extensive experience representing investment banks, broker dealers, and other professionals in class action and derivative litigation.  Many of our victories are reflected in published judicial decisions that have shaped the law. 

We have also regularly represented issuers and individual officers and directors in civil and criminal government investigations and litigation, including enforcement actions brought by the SEC, the Criminal Division of the Justice Department, and various state Attorneys General.  We also represent Audit Committees and Boards of Directors conducting internal investigations, and advise companies and individuals on issues such as litigation avoidance, stock exchange listing, and liability insurance.   

Our Securities Litigation, Enforcement, and White-Collar Defense Practice Group includes more than 150 attorneys and other professionals in our 17 offices worldwide.  The Group includes prominent attorneys with decades of experience, former federal and state criminal prosecutors, and former SEC enforcement attorneys.  Our staff also includes in-house accounting experts with decades of public accounting experience. 

The Group has represented companies located in the United States and abroad in a wide range of industries, from financial services and consumer products to technology companies in the software, life sciences, and telecommunications fields.  We work closely with recognized experts across the Firm to understand and address our clients’ business, financial, and legal problems. 

Representative Matters

  • Recently won a complete jury defense verdict on behalf of JDSU and former executives in a class action seeking $20 billion for securities fraud and insider trading.
  • Currently serve as counsel for all 310 issuer defendants and directly represent more than three dozen issuers in the IPO Securities Litigation in the Southern District of New York, the largest set of consolidated securities class actions ever brought.
  • Won an acquittal, after a three-week trial, for a former executive of a global pharmaceutical company accused of conspiracy and two other counts under the federal Anti-Kickback statute.
  • Obtained dismissal of all charges against a former chairperson in a criminal case which alleged fraudulent wire communications, wrongful use of computer data, identity theft, and conspiracy.
  • Regularly selected to represent Board Committees in conducting internal investigations.
  • Obtained dozens of dismissals of securities class actions.