Dow Lohnes litigators represent companies and individuals in securities litigation throughout the United States, including cases alleging, among other things, violations of the antifraud provisions of Section 10(b) of the Securities Exchange Act of 1934, the realization of short-swing profits under Section 16(b) of that Act, and control person responsibility under Section 20(a) of that Act. These cases have involved complicated and novel issues regarding the application of securities laws to business transactions and complex factual scenarios spanning many years. As a result of this experience, Dow Lohnes litigators have an intimate knowledge of the procedural and substantive issues that may arise in such litigation, including the provisions of the Private Securities Litigation Reform Act and the Securities Litigation Uniform Standards Act. Dow Lohnes litigators also have represented clients in investigations before the SEC and NASD. Representative cases include:
- Representation of company in largest Section 16(b) case in history, where plaintiff sought over $600 million in alleged short swing profits arising from exercise of hybrid derivative.
- Representation of company in connection in a class action asserting Section 20(a) control person claims alleging securities fraud relating to alleged false and misleading statements of internet service provider.
- Representation of media company asserting Section 10(b) claims against defendant seller of stock relating to allegedly false and misleading statements concerning financial statements.
- Representation of individuals in investigations by SEC regarding, among other things, alleged Section 10(b)(5) and insider trading violations.