Securities Litigation

Overview

Lowenstein Sandler’s Securities Litigation Group helps clients leverage litigation to advance or defend their investment strategies and strategic business objectives. We do so by providing top-tier counsel, focused chiefly on class action opt-outs and direct actions, shareholder activism and fiduciary duty matters, litigation arising from mergers and acquisitions, structured finance, and debtholder rights matters.

Well versed in the procedures and nuances of effective litigation and complex investment structures, we are exceptionally well positioned to maximize returns. Our industry-leading reputation is built on nearly two decades of strong partnerships with institutional and private investment funds representing our clients in high stakes litigation. We have developed and implemented high-yield, value-adding litigation strategies for hedge funds, venture funds, credit-focused funds, mutual funds, investment advisers, private investors, real estate firms, shareholder activists, debtholders, and government entities. Our team has also developed proprietary trading and legal-damages analytical tools that enable us to efficiently assess client opportunities and mitigate risk. By proactively identifying and seizing opportunities for litigation, our group has obtained numerous successful recoveries for our clients.

We are aggressive, experienced, highly proficient, and willing to take any matter to trial when necessary to achieve our clients’ strategic goals, while at the same time, very skilled and successful at delivering outcomes that maximize value through negotiated resolutions. In addition to being highly effective litigators, we have deep familiarity with the workings of the financial industry, and we bring that familiarity to bear in all of our professional engagements.

Learn more about these core areas within the Securities Litigation Group:

Class Action Opt-Outs/Direct Actions

Structured Finance Litigation

Activist Shareholder and M&A Litigation

Debtholder Litigation

Practice Leadership

Thomas E. Redburn Jr.
Partner
Chair, Securities Litigation

EXPERIENCE

Class Action Opt-Outs/Direct Actions

Representing multi-billion dollar hedge fund in a securities fraud litigation arising under the Securities Exchange Act of 1934 against Mohawk Industries, Inc.
Representing multi-billion dollar institutional investor in a securities fraud litigation arising under the Securities Exchange Act of 1934 against The Boeing Company.
Representing Shareholder Representative Services LLC and several shareholders in a securities fraud litigation arising under the Securities Exchange Act of 1934 involving use of inflated stock to acquire the shareholders’ former company.
Represented several investor groups in a lawsuit filed against VEREIT, Inc. (f/k/a American Realty Capital Properties, Inc.) and several of its former senior executives. The dispute stemmed from allegations of accounting fraud and settled favorably.
Represented sophisticated institutional shareholder in a direct securities fraud action against Petrobras and others related to its alleged bid-rigging and kickback scheme. The matter was settled confidentially before trial.
Represented several institutional investors in lawsuits against Barrick Gold Corporation related to fraud allegations involving its major South American mining project, Pascua Lama. After quashing the defendant’s attempt to have the court dismiss our claims, the matter was settled confidentially.
Represented fund entities in lawsuits against LendingClub Corporation related to alleged fraud committed by its former CEO and other executives. The matter was settled favorably.
Represented the largest institutional equity investor in lawsuits alleging securities fraud against MF Global and former New Jersey Governor Jon Corzine.
Represented Franklin Mutual Advisors in lawsuits alleging securities fraud against multiple companies, including Beazer Homes and AIG.
Represented Appaloosa Management L.P., Franklin Mutual Advisors, and W.R. Huff Asset Management L.L.C., in lawsuits that arose out of the Adelphia securities scandal. The matter settled favorably.
Represented Pennant Capital Management in a claim against Ocwen Financial regarding multiple alleged frauds perpetrated on investors. The matter settled favorably on the eve of trial.

Successfully won tens of millions of dollars on behalf of certificate holders of commercial mortgage backed securities trusts on appeal before the United States Court of Appeals for the Second Circuit.
Counsel for a government entity in a $3 billion mortgage-backed securities matter involving fraud and misrepresentation.
Secured summary judgment motion on behalf of senior certificate holder Appaloosa Management L.P. in a commercial mortgage-backed securities trust in a dispute over allocation of trust monies among certificate holders.
Representing Appaloosa Management L.P. in claims arising out of commercial mortgage-backed securities that relate to a $5 billion sale of a prominent property in New York City.
Represented sophisticated borrowers in negotiations and potential litigation against commercial mortgage-backed securities trusts.
Representing numerous real estate investment firms in matters affecting commercial mortgage-backed securities arising from the COVID-19 pandemic.
Representing residential mortgage servicer in consumer litigation involving servicing practices.
Represented a European commercial bank as plaintiff and defendant in connection with multiple claims and lawsuits arising out of structured vehicles and the 2008 financial crisis.
Represented a major insurance company in connection with fraud claims concerning mortgage-backed securities in New Jersey state court.
Representing a multi-billion dollar hedge fund in litigation relating to claims arising out of commercial mortgage-backed securities trusts.

Representing the former CEO of a large company sold for hundreds of millions of dollars in a litigation alleging breach of representations and warranties and other claims arising from the merger transaction.
After trial, received one of only a few above-deal-price awards for a public company in an appraisal case in the past several years, as counsel for large institutional investors in Delaware Chancery Court; the group pursued their statutory right to appraisal of their $200 million stake in the company following the acquisition of Regal Entertainment Group by Cineworld Group PLC.
Representing a hedge fund in arbitration proceedings pertaining to a partnership divorce.
Representing a hedge fund in a litigation pertaining to its contractual rights to acquire shares of a large high-tech corporation.
Representing an activist shareholder in a dispute regarding unseating members of the board of a large company.
Represented large institutional holder in fiduciary duty litigation involving the failed SunEdison/Vivint merger and its impact on SunEdison’s yieldco subsidiary TerraForm Power, Inc.
Represented hedge fund shareholder in fiduciary duty litigation challenging acquisition of Kindred Healthcare.
Counseling numerous investors in connection with implications of terminated mergers and ensuing litigation during COVID-19 crisis.

Represented a group of senior noteholders and secured $20 million in additional value from the restructuring of an international semiconductor company, Global A&T Electronics Ltd. (GATE).
Represented sophisticated investment fund challenging nonconsensual third-party releases in bankruptcy plan on constitutional grounds. Litigated matter through appeal to the Court of Appeals for the Third Circuit.
Represented group of institutions in litigation involving debt instruments issued by Freescale Semiconductor, Inc.

OUR TEAM

Maya Ginsburg
Counsel

Michael B. Himmel
Partner

Christopher Porrino
Partner

Thomas E. Redburn Jr.
Partner

Gavin J. Rooney
Partner

VIEW ALL RELATED PROFESSIONALS

NEWS & INSIGHTS

Practice Leadership

Thomas E. Redburn Jr.
Partner
Chair, Securities Litigation

Honors & Awards

Chambers USA: America’s Leading Lawyers for Business
Ranked in Band 1 in New Jersey for Securities Litigation

CLICK HERE FOR AWARD INFORMATION & METHODOLOGY

No aspect of this or any advertisement has been approved by the Supreme Court of California, the District of Columbia Court of Appeals, the Supreme Court of New Jersey, the New York State Court of Appeals, or the Utah Supreme Court.

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Securities Litigation

Overview

Class Action Opt-Outs/Direct Actions

Structured Finance Litigation

Activist Shareholder and M&A Litigation

Debtholder Litigation

Practice Leadership

EXPERIENCE

Class Action Opt-Outs/Direct Actions

Structured Finance Litigation

Shareholder Rights, Activist Strategy, and Mergers and Acquisitions Litigation

Debtholder Litigation

OUR TEAM

NEWS & INSIGHTS

Practice Leadership

Honors & Awards

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PRIVATE EQUITY / Firm News

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Securities Litigation

Overview

Class Action Opt-Outs/Direct Actions

Structured Finance Litigation

Activist Shareholder and M&A Litigation

Debtholder Litigation

Practice Leadership

EXPERIENCE

Class Action Opt-Outs/Direct Actions

Structured Finance Litigation

Shareholder Rights, Activist Strategy, and Mergers and Acquisitions Litigation

Debtholder Litigation

OUR TEAM

NEWS & INSIGHTS

Practice Leadership

Honors & Awards

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Alternative Data = Better Investment Strategies, But Not Without Concerns

Alternative Data = Better Investment Strategies,
But Not Without Concerns