Securities litigation is a complicated area of the law that calls for knowledgeable lawyers who are familiar with the many facets and intricacies of commercial litigation. All types of sophisticated business litigation, including electronic payments, commercial collections, M&A litigation, corporate planning, as well as securities litigation, are expertly handled by securities litigation attorney.
One illustration is the 1933 Securities Act, which, in order to combat securities fraud, mandates fair and comprehensive disclosure of the nature of any securities offered either domestically or on international exchange markets. The 1934 Securities Exchange Act is another; since its passage, self-regulatory bodies like FINRA, the New York Stock Exchange, the NASDAQ stock market, and the Chicago Board of Options have been permitted to emerge.
What are securities?
Simply put, securities are exchangeable financial assets that often take the form of stocks or debts. These could be traded between public or private businesses. Stocks, hedge funds, bonds, and even loans, in the case of lenders, are typical instances. In the United States, securities are governed by a number of laws as well as regulations.
The Process of Securities Cases
A variety of situations can give rise to securities cases, including insider trading, alleged misstatements in contracts, securities fraud, and willful disregard for rules. Unauthorized trades made without the knowledge of the majority of shareholders are just a few examples. A U.S. district court, state court, or federal court will hear each matter after an internal investigation and arbitration.
Lawsuits Involving a Class
Multiple plaintiffs file a lawsuit known as a class action, sometimes known as a securities fraud class action. Typically, these are investors who purchased or sold publicly traded shares within a predetermined window of time, known as a class period, and experienced a financial crisis or other damages as a result of the defendant’s violation of the securities laws or another fiduciary obligation.
When necessary, the securities litigation team will fight for your rights as a defendant and submit a motion for charges or dismissal. The litigation attorneys also collaborate with the plaintiff’s attorney to dissuade them from initially launching a claim based on insufficient evidence.
Adaptive Cases
In matters like derivative actions, attorneys will defend white collar defendants involved in criminal litigation or civil litigation. These lawsuits are brought by a shareholder of an organization, usually against a third party who is thought to have committed wrongdoing within the company. The knowledgeable Barr & Young Attorneys thoroughly dissect accusations and shareholder requests to defend clients against them and take every precaution to keep them out of a drawn-out trial court procedure.