Securities Litigation

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2022 Year-End Securities Litigation Update

Our lawyers provide an overview of major developments in federal and state securities litigation over the past several months.

Client Alert | March 14, 2023

Gibson Dunn Distressed Banks Resource Center

Gibson Dunn has created a Distressed Banks Resource Center to provide resources and regular updates to our clients on recent bank failures.

Client Alert | March 14, 2023

Distressed Bank Update – A New Paradigm

Gibson Dunn's lawyers present the latest updates on news about distressed banks.

Client Alert | March 14, 2023

Delaware Court of Chancery Holds That Corporate Officers Owe a Duty of Oversight

On January 26, 2023, the Delaware Court of Chancery held, for the first time, that corporate officers owe a duty of oversight.  Authored by Vice Chancellor J. Travis Laster, the decision denies a motion to dismiss under Rule 12(b)(6) of the Court of Chancery Rules but leaves open the possibility that the case will be dismissed under Rule 23.1 for failure to plead demand futility.

Client Alert | February 3, 2023

2022 Year-End Securities Enforcement Update

Gibson Dunn's lawyers tackle the important issues in securities enforcement in 2022.

Client Alert | February 2, 2023

Law360 Names Gibson Dunn Among Its 2022 Securities Practice Groups of the Year

Law360 named Gibson Dunn one of its six Securities Groups of the Year for 2022.

Firm News | January 17, 2023

Webcasts: Gibson Dunn’s Annual California MCLE Marathon – 2023

Watch a selection of webcasts from Gibson Dunn's MCLE Blitz 2023.

Webcasts | January 12, 2023

Gibson Dunn Promotes 37 Lawyers to Partnership

Gibson, Dunn & Crutcher LLP has elected 37 lawyers to its partnership, effective January 1, 2023.

Press Releases | November 15, 2022

How Much Information Should Cos. Share With Auditors

Denver partner Monica Loseman and associate Timothy Zimmerman and Washington, D.C. of counsel David Ware are the authors of "How Much Information Should Cos. Share With Auditors" published by Law360 on October 13, 2022.

Article | October 14, 2022

Delaware Court of Chancery Orders Extraordinary Remedy, Unwinding a Transaction By Divesting and Then Transferring Stock Ownership in Subject Company

Our lawyers discuss a recent case in the Delaware Court of Chancery featuring an extraordinary order unwinding a transaction by divesting a party’s ownership of shares in a Delaware corporation and vesting ownership of those same shares in another litigant.

Client Alert | October 10, 2022

Benchmark Litigation US 2023 Gives Top Marks to Gibson Dunn

Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2023 edition and named 69 partners as Litigation Stars and Future Stars across the U.S.

Firm News | October 6, 2022

2022 Mid-Year Securities Litigation Update

This mid-year update provides an overview of the major developments in federal and state securities litigation in the first half of 2022.

Client Alert | September 20, 2022

2022 Mid-Year Securities Enforcement Update

Our 2021 Year-End Review, noted the Division of Enforcement under this Administration had outlined its vision of aggressive, heightened enforcement through an escalation of existing remedies. The first half of 2022 reflected the Enforcement Division pursuing the playbook as forecasted.

Client Alert | August 11, 2022

U.S. Court of Appeals for the Second Circuit Holds That Scheme Liability After Lorenzo Requires Conduct Beyond Misstatements and Omissions

On July 15, 2022, the United States Court of Appeals for the Second Circuit held that Lorenzo v. SEC did not abrogate existing case law holding that scheme liability requires something beyond misstatements and omissions.

Client Alert | July 20, 2022

Gibson Dunn Earns 101 Top-Tier Rankings in Chambers USA 2022

In its 2022 edition, Chambers USA awarded Gibson Dunn 101 first-tier rankings, of which 37 were firm practice group rankings and 64 were individual lawyer rankings. Overall, the firm earned 348 rankings – 104 firm practice group rankings and 244 individual lawyer rankings.

Firm News | June 1, 2022

Ninth Circuit Enforces Forum Selection Bylaw Against Federal Securities Claim

On May 13, 2022, the Ninth Circuit affirmed a ruling that effectively bars plaintiffs from asserting federal securities law claims derivatively when a company has designated a state court venue as the exclusive forum for derivative actions.

Client Alert | May 20, 2022

Gibson Dunn Adds Securities Litigation Partner Jessica Valenzuela in Palo Alto

Gibson, Dunn & Crutcher LLP is pleased to announce that Jessica Valenzuela has joined the firm as a partner.

Press Releases | May 17, 2022

Webcast: Managing Purchase Price Adjustment Disputes

In this recorded webcast, Gibson Dunn lawyers and an accounting expert examine purchase price adjustments in detail. The webcast includes discussions of the following: - A review of the issues that arise in negotiating purchase price adjustment provisions, and drafting tips for corporate counsel - A discussion of the common sources of post-closing adjustment disputes, and accountants’ views on how these disputes may be resolved - A litigator’s views on litigating purchase price adjustment disputes

Webcasts | May 10, 2022

2021 Year-End Securities Litigation Update

Federal securities filings continued to slow during the second half of 2021. The volume of new securities cases filed in 2021 fell by 36% compared to 2020, and 51% compared to 2019. Nonetheless, federal and state securities laws continue to develop in the courts. This year-end update summarizes major developments since our last update in August 2021.

Client Alert | February 22, 2022

2021 ERISA Litigation Update

This year’s Annual ERISA Litigation Update summarizes key legal opinions and developments to assist plan sponsors and administrators navigating the rapidly changing ERISA litigation landscape.

Client Alert | February 22, 2022

Webcast: The Rise of International Class and Collective Actions

Class actions have gradually taken root outside the US in recent years. We highlight common pitfalls and early advocacy problems that defendants typically face in these new regimes and provide an overview in which direction international class actions will develop in the years to come.

Webcasts | January 13, 2022

Delaware Chancery Court Decision Provides Reminders for MLP Transactions

Our lawyers discuss a recent Delaware Court of Chancery decision that offers useful reminders to participants in Master Limited Partnership transactions about the limits of acceptable conduct under standard partnership agreement provisions. 

Client Alert | November 23, 2021

Gibson Dunn Promotes 27 Lawyers to Partnership

Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has elected 27 new partners, effective January 1, 2022. 

Press Releases | November 4, 2021

Gibson Dunn Named Among 2022 Litigation Powerhouses Lists by BTI Consulting Group

BTI Consulting Group recognized Gibson Dunn as a Complex Commercial Litigation Powerhouse and a Securities and Finance Litigation Powerhouse.

Firm News | November 4, 2021

Benchmark Litigation US 2022 Gives Top Marks to Gibson Dunn

Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2022 edition and named 79 partners as Litigation Stars and Future Stars across the U.S.

Firm News | October 13, 2021

2021 Mid-Year Securities Litigation Update

As part of a mid-year update, Gibson Dunn lawyers highlight what you need to know in securities litigation developments and trends for the first half of 2021.

Client Alert | August 30, 2021

2021 Mid-Year Securities Enforcement Update

Gibson Dunn lawyers look at the significant developments in securities enforcement from the first six months of 2021, and consider what to expect from new leadership at the U.S. Securities & Exchange Commission and the Enforcement Division.

Client Alert | July 20, 2021

Gibson Dunn Adds Securities Litigation Partner James Farrell in New York

Gibson, Dunn & Crutcher LLP is pleased to announce that James J. Farrell has joined the firm as a partner in the New York office. Farrell, formerly a partner at Latham & Watkins LLP, will continue his complex civil litigation practice, with an emphasis on securities and professional liability litigation.

Press Releases | July 9, 2021

Gibson Dunn Earns 94 Top-Tier Rankings in Chambers USA 2021

In its 2021 edition, Chambers USA awarded Gibson Dunn 94 first-tier rankings, of which 33 were firm practice group rankings and 61 were individual lawyer rankings.

Firm News | May 20, 2021

Court Holds That Federal Securities Law Claims Are Subject to Delaware Exclusive Forum Bylaw

On April 27, 2021, a federal court in the Northern District of California dismissed federal and state law claims brought derivatively on behalf of The Gap, Inc., holding that the California proceedings were foreclosed by a forum selection bylaw designating the Delaware Court of Chancery as the exclusive forum for derivative suits. 

Client Alert | May 3, 2021

Webcast: Shareholder Litigation Developments and Trends

In this webcast, a panel of Gibson Dunn lawyers highlights recent developments and trends in the constantly evolving and complex area of shareholder litigation.

Webcasts | April 28, 2021

Congress Codifies SEC Disgorgement Remedy in Military Spending Bill

New York partner Avi Weitzman and of counsel Tina Samanta are the authors of "Congress Codifies SEC Disgorgement Remedy in Military Spending Bill," [PDF] published by Wall Street Journal in February 2021.

Publications | February 25, 2021

2020 Year-End Securities Litigation Update

As part of a year-end update, Gibson Dunn lawyers highlight what you most need to know in securities litigation developments and trends for the second half of 2020.

Client Alert | February 16, 2021

Federal Court Issues First Decision Dismissing Pandemic-Related Securities Class Action Lawsuit

A California federal court issued the first decision in the country in a securities class action arising out of the COVID-19 pandemic, dismissing the case on the ground that the issuer could not have anticipated the extent of the pandemic in early January 2020.

Client Alert | February 1, 2021

Ninth Circuit Upholds Broad Protection for Corporate Officers Making Forward-Looking Statements

On January 26, 2021, the U.S. Court of Appeals for the Ninth Circuit reaffirmed the broad protections afforded to corporations and their officers when speaking about a company’s future plans and projections.

Client Alert | January 29, 2021

Webcast: Update on COVID-19-Related Developments in Securities Litigation and Corporate Best Practices

In this webinar, Gibson Dunn and Cornerstone Research will provide an update on COVID-19-related securities litigation filed since the pandemic began and corporate best practices

Webcasts | December 15, 2020

Chancery Court Ruling Confirms High Bar to Pleading a Nonexculpated ‘Revlon’ Claim

San Francisco partner Brian M. Lutz and Orange County associate Colin B. Davis are the authors of "Chancery Court Ruling Confirms High Bar to Pleading a Nonexculpated 'Revlon' Claim" [PDF] published by Delaware Business Court Insider on November 11, 2020.

Publications | November 11, 2020

Benchmark Litigation US 2021 Gives Top Marks to Gibson Dunn

Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2021 edition and named 66 partners as Litigation Stars and Future Stars across the U.S.

Firm News | October 16, 2020

Law360 Names Eight Gibson Dunn Partners as 2020 MVPs

Law360 named eight Gibson Dunn partners among its 2020 MVPs. Law360 MVPs feature lawyers who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” The list was published on October 4, 2020.

Firm News | October 5, 2020

Securities Litigation Partner Craig Varnen Joins Gibson Dunn in Los Angeles

Gibson, Dunn & Crutcher LLP is pleased to announce that Craig Varnen has joined the firm’s Los Angeles office as a partner. Varnen, formerly a partner at Irell & Manella, will continue to focus on securities litigation and other complex litigation at Gibson Dunn.

Press Releases | September 1, 2020

An Oversight Claim By Any Other Name Is Reviewed Under ‘Caremark,’ Says GoPro

Washington, D.C. partner Jason Mendro and associate Jeffrey Rosenberg are the authors of "An Oversight Claim By Any Other Name Is Reviewed Under 'Caremark,' Says GoPro," [PDF] published by Delaware Business Court Insider on August 12, 2020.

Publications | August 20, 2020

New York Attorney General’s Office 18-Month Round-Up

The New York Attorney General (“AG” or the “Office”) has a broad range of powers to launch investigations and bring actions on behalf of the State or its consumers in a wide variety of areas.  The AG’s prerogatives can have a profound impact on corporations, nonprofits, individuals, and investors.  This 18-month round-up is a summary of major cases and initiatives that have occurred under the leadership of New York State’s 67th Attorney General, Letitia James.

Client Alert | August 18, 2020

2020 Mid-Year Securities Litigation Update

As part of a mid-year update, Gibson Dunn lawyers highlight what you most need to know in securities litigation developments and trends for the first half of 2020.

Client Alert | August 10, 2020

Webcast: Potential Implications of the COVID-19 Pandemic for Securities and Derivative Litigation

In this webcast, Gibson Dunn and Cornerstone Research discuss the potential implications of the COVID-19 pandemic for securities and derivative litigation.

Webcasts | May 14, 2020

Gibson Dunn Earns 84 Top-Tier Rankings in Chambers USA 2020

In its 2020 edition, Chambers USA: America’s Leading Lawyers for Business awarded Gibson Dunn 84 first-tier rankings, of which 31 were firm practice group rankings and 53 were individual lawyer rankings.

Firm News | April 24, 2020

Delaware Supreme Court Unanimously Upholds Federal-Forum Provisions

In Salzberg, et al. v. Sciabacucchi (“Blue Apron II”), a unanimous Delaware Supreme Court, with Justice Valihura writing, confirmed the facial validity of federal-forum provisions (“FFPs”)—provisions Delaware corporations adopt in their certificates of incorporation requiring actions arising under the Securities Act of 1933 (the “1933 Act”) to be filed exclusively in federal court.

Client Alert | March 20, 2020

Webcast: Shareholder Litigation Developments and Trends

In this webcast, a panel of Gibson Dunn lawyers highlights recent developments and trends regarding shareholder lawsuits, including filing and settlement trends and activity in the U.S. Supreme Court and state courts.

Webcasts | March 11, 2020

Supreme Court Holds That Unread ERISA Plan Disclosures Do Not Give Participants Actual Knowledge Of The Information Disclosed

On February 26, 2020, the U.S. Supreme Court unanimously held that a fiduciary’s disclosure of plan information alone does not trigger ERISA’s three-year limitations period in fiduciary breach cases.

Client Alert | February 26, 2020

2019 Year-End Securities Litigation Update

Gibson Dunn lawyers highlight securities litigation trends and developments for the second half of 2019.

Client Alert | February 18, 2020

Mark Kirsch Named to City & State 50 Over Fifty

City & State Magazine named New York partner Mark Kirsch among its 2020 50 Over Fifty Awards honorees. The list was published in January 2020. Mark Kirsch focuses on complex securities, white collar, commercial and antitrust litigation.

Firm News | January 22, 2020