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Securities Litigation & Enforcement

Securities Litigation & Enforcement

Securities Litigation & Enforcement

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Overview

Bryan Cave Leighton Paisner’s Securities Litigation and Enforcement group handles all types of matters arising under the US federal securities laws, including investigations by the SEC and other regulatory agencies, class actions and other private civil lawsuits.  We also advise broker-dealers, public companies, investment funds and individuals on compliance matters. We have experience as well in acting as special or independent counsel, representing Audit or Special Committees or as independent monitor. 

The group includes lawyers who have held senior positions at the SEC, United States Attorneys’ Offices, and other government agencies, as well as other lawyers with years of experience advising on and litigating securities matters.  Our clients include corporations, officers and directors, broker-dealers, investment advisers, hedge funds, mutual funds, audit firms, registered persons and others involved in the capital markets.  Our team is located throughout the United States. 

We regularly represent clients in the following areas:  

  • Investigations, enforcement proceedings and disciplinary actions by the SEC, U.S. Attorneys’ Offices, Financial Industry Regulatory Authority (FINRA) and state securities commissions 
  • Private securities litigation, including class and derivative actions, private equity and hedge fund litigation, institutional and high-net-worth customer arbitrations, and litigation over derivatives and structured financial products, mergers and acquisitions and corporate governance 
  • Compliance, including advice on regulatory audits, company policies and codes of ethics 
  • Internal and independent investigations, directed by in-house counsel, audit committees, or other groups of independent directors, or by independent monitors or trustees, receivers or examiners

Areas of Focus

  • Dodd-Frank Whistleblower Program

Experience

  • Conducted a comprehensive independent investigation of the mortgage subsidiary of a U.S. bank as required by an FDIC consent order. As a part of the investigation, among other procedures, we reviewed marketing relationships, compensation policies and vendor agreements for compliance with RESPA and HUD guidelines. Following our report, we also assisted the company in achieving a favorable resolve in resolving subsequent actions by the FDIC.  
  • Represented bank in threatened FDIC enforcement action for alleged violations of Section 5 of the Federal Trade Commission Act and parallel DOJ civil fraud investigation related to bank’s former ACH processing division. Result: No action filed by FDIC or DOJ. 
  • Represented financial services company and various other entities in claims brought as a class action arising out of the multi-billion dollar Ponzi scheme operated by Bernard Madoff.  (D. Col.) 
  • Represented banking clients in numerous actions related to consumer financial transactions in both state and federal courts. These engagements included the favorable resolution of claims brought by parties challenging the existence of liens and asserting allegations ranging from breach of contract, fraud, breach of fiduciary duty, and negligence to a variety of claims under state and federal statutes, such as TILA, HOEPA, RESPA, FDCPA, FCRA, and ECOA.

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