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  1. Securities litigation: defense
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Cravath, Swaine & Moore LLP in New York ‘certainly belongs in the top echelon of securities litigation firms’. Its continues to play a major role in high-profile cases such as In re Akorn, Inc Securities Litigation, in which head of litigation Daniel Slifkin, Antony Ryan and David Stuart are representing Akorn in a case alleging misrepresentation by the company and its board. The firm’s respected regulatory enforcement team is handling an SEC investigation into Akorn’s accounting restatements. Michael Paskin and Timothy Cameron’s recent highlights include Willis v Big Lots, Inc, et al, in which plaintiffs allege Big Lots made false statements about its financial performance and that executives earned $37m from insider trading. Richard Clary’s strong track record in RMBS matters continues with cases for Credit Suisse such as People of the State of New York v Credit Suisse Securities (USA) LLC, et al.Robert Baron is acting for Deutsche Bank Securities and Credit Suisse Securities; Evan Chesler and Karin DeMasi are handling the appeal of a class action against DreamWorks Animation; and Sandra Goldstein won dismissal of a case against ADT Corporation’s former CFO. The regulatory enforcement team has standout practitioners in Rachel Skaistis, John Buretta and Benjamin Gruenstein.

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In New York, Davis Polk & Wardwell LLP has ‘a highly experienced team that draws on the firm’s strong corporate and capital markets practices’. James Rouhandeh and Lawrence Portnoy are co-chairs of the team, which has ‘an extraordinary list of successes’. Rouhandeh and Charles Duggan defended the 33 underwriters of Facebook’s IPO in a consolidated class action and persuaded the court that they were not insiders subject to the disgorgement of short-swing trading profits. Rouhandeh has served as counsel to Morgan Stanley in more than 50 lawsuits relating to the financial crisis and his recent victories include the dismissal of a case brought by Dexia Holdings concerning $620m in RMBS holdings. Edmund Polubinski reached a settlement in a securities class action for all 33 underwriters - including Citigroup and JP Morgan - of the IPO of Hospital Corporation of America. Portnoy’s highlights included defending IBM in a class action. Brian Weinstein has ‘a great track record acting for investment banks’ and secured a victory for Morgan Stanley in two RMBS putback litigation cases.

Gibson, Dunn & Crutcher LLP has a ‘robust securities litigation practice and the excellence of its results speaks for itself’. ‘Great litigatorJonathan Dickey in Palo Alto and Thad Davis in San Francisco stepped down as co-chairs of the practice to devote themselves to client work; Meryl Young in Orange County and Robert Serio in New York now steer the group. Serio’s highlights included helping Och-Ziff Capital Management, which has over $45bn in assets, to conclude high-value cases with the SEC and DOJ arising from Foreign Corrupt Practices Act (FCPA) investigations. Dickey’s biggest win was securing the final dismissal of all securities fraud claims against Herbalife. Mark Kirsch in New York scored a decisive win for Coty Inc in a class action alleging that its pre-IPO statement was false and misleading. The case was dismissed with prejudice. San Francisco-based ‘young superstarBrian Lutz worked with Young to defend Quiksilver in a class action following the disclosure of improper revenue recognition. For litigation and enforcement work, clients recommend Paul Collins in Palo Alto and Joseph Warin in Washington DC, respectively.

A leading firm for Wall Street banks’, Paul, Weiss, Rifkind, Wharton & Garrison LLP’s New York-based team is ‘without peer on all criteria in litigation and regulatory matters, certainly a firm that is at the top table’. The firm has ‘extraordinary depth in litigation generally and in securities litigation specifically’. Firm chair Brad Karp (who ‘always has a good read on the merits of a case’), Susanna Buergel and Richard Rosen secured the dismissal of an $800m claim against Citigroup for fraud and negligent misrepresentation of subprime mortgage exposure. ‘We trust his judgment implicitly’ say clients of ‘“ne plus ultra” litigatorDaniel Kramer, who ‘has great, practical business sense’. He acted for ADT Corporation in securing the dismissal of a stock-drop case filed in Florida. Martin Flumenbaum, Andrew Ehrlich and Claudia Hammerman are also recommended. Charles Davidow in Washington DC is highly recommended for both enforcement work and litigation. He played a key role in defending Merck in cases relating to its pain medication Vioxx. The firm has also played a key role in cases arising from the alleged manipulation of financial benchmarks and settled a key Libor-related matter for Deutsche Bank.

Equally at home in securities litigation or government investigations’, the team at Shearman & Sterling LLPworks hard to deliver top-notch work and an extraordinary level of customer service’. The firm has ‘a dynamic young group of lawyers led by senior statesmen’ and has developed a strong client base among accounting firms and Wall Street banks. New York-based head of litigation Adam Hakki, Daniel Lewis and San Francisco-based Patrick Robbins are representing underwriters of SunEdison and TerraForm Global securities in class actions alleging failure to disclose liquidity problems. Hakki and Lewis also secured an appellate victory for Credit Suisse and Jefferies in In re Tremor Video Securities Litigation. Hakki and Agnès Dunogué won for Barclays and Citigroup in cases arising from the IPO of Nationstar Mortgage Holdings, and for Credit Suisse and Citigroup in a class action regarding Endocyte’s IPO. The firm continued to play a key role in MBS and Libor-related matters. Clients praise Jaculin Aaron, Stuart Baskin and Brian Polovoy, who ‘has a great way of explaining the issues’.

Securities litigation is a premier practice at the firm’, say clients of Sidley Austin LLP, where the lawyers are ‘among the best at what they do and can handle difficult matters economically with spot-on advice’. The firm has ‘seamless national coverage with enough people power, brain power and experience to defend bet-the-company cases’. The firm’s deep bench includes Yvette Ostolaza in Dallas (‘obviously smart and deeply experienced’), who defended Trinity Industries in a class action brought in Texas; Chicago-based Hille Sheppard and the ‘thoughtful, creative and practicalSara Brody in San Francisco, who both handled a securities class action for renewable energy company SunEdison; New York-based Andrew Stern, who is a ‘persuasive advocate that provides strategic direction and terrific execution’ and handled a 1934 Act class action for Cigna Corp; Walter Carlson and James Ducayet in Chicago, who represented Las Vegas Sands in a stock-drop class action in Nevada; and Norman Blears in Palo Alto, who is ‘extremely knowledgeable and takes the drama out of stressful situations’. San Francisco-based Jaime Bartlett is a rising star. The firm regularly represents leading accounting firms in regulatory enforcement matters.

It is hard to argue with its place in the top tier of firms’, say clients and peers of Simpson Thacher & Bartlett LLP. Jonathan Youngwood, who leads the securities litigation group, and Palo Alto-based Jonathan Kreissman are representing Twitter in two putative class actions alleging misrepresentation of user-tracking metrics. Youngwood and Los Angeles-based Chet Kronenberg continued to represent SeaWorld Entertainment in a class action claiming it underreported the negative impact of documentary film Blackfish. Co-head of the firm’s global litigation practice Paul Curnin secured the dismissal of a securities fraud class action against MDC Partners that alleged it had overstated goodwill and reported earnings. Joseph McLaughlin and George Wang secured the reversal of a class certification in a 10b-5 claim against Best Buy and its executives. Wang and Lynn Neuner also obtained the dismissal of a class action against Weight Watchers International on the grounds that plaintiffs failed to show actionable reporting misstatements or omissions. Peter Kazanoff is ‘especially well regarded’ and won victories in key Ponzi-scheme cases. Thomas Rice is described as ‘a worthy adversary, a very smart lawyer’. Above named lawyers are based in New York unless otherwise stated.

At Skadden, Arps, Slate, Meagher & Flom LLP in New York, Jay Kasner (who is ‘a major force in securities litigation’) is head of the firm’s national practice. He and Scott Musoff are ‘terrific, they are among the most able lawyers at a very strong firm’. Together they represented 14 underwriters of Petrobras securities, successfully obtaining the dismissal of Securities Act claims arising from the company’s global note offering and subsequently securing a stay in pending shareholder litigation until an appeal of class certification is decided at the Second Circuit. For News Corp and Rupert and James Murdoch they also defeated a motion to reconsider prior dismissals of securities class actions arising out of the improper newsgathering practices of newspapers The Sun and The News of the World. Their long list of successes also includes achieving dismissal with prejudice of a putative securities class action against Vivint Solar and The Blackstone Group, which alleged that the former’s registration statement misled investors. Susan Saltzstein, who achieved a favorable settlement for Covisint in a class action challenging its IPO, is also recommended.

In recent years, Sullivan & Cromwell LLP’s New York office has established itself as one of the powerhouses of financial crisis-related securities litigation and its list of significant victories for clients continues in the financial services sector and beyond. Robert Giuffra (who is ‘deservedly seen as a leading light’) obtained the dismissal with prejudice of an investor lawsuit against Goldman Sachs claiming that the bank overpaid its board by $2bn in the run up to the financial crisis. Jeffrey Scott successfully defended Barclays in a case brought by investors in the LX dark pool. Richard Klapper defended both Barclays and Goldman Sachs in cases alleging securities fraud and convinced the Second Circuit to grant separate petitions for class certification. The cases raise important issues about evidentiary standards for rebutting the fraud-on-the-market presumption. Richard Pepperman and Washington DC-based Daryl Libow scored a victory for BP at the Fifth Circuit in shareholder litigation arising from the Deepwater Horizon oil spill by securing a summary judgment in four matters on the basis that the plaintiffs had failed to show loss causation or damages. The firm also handled high-value matters for Volkswagen, BHP Billiton and Fiat Chrysler.

Cahill Gordon & Reindel LLP is ‘highly responsive, excellent at client preparation and has a strong team at partner and associate level’. The firm’s strength is representing investment banks and Herbert Washer, who leads the firm’s litigation and regulatory practices, and David Januszewski played central roles in defending Credit Suisse Group in cases alleging manipulation of Libor and other financial benchmarks during the financial crisis. Januszewski and Charles Gilman are handling several matters for Deutsche Bank, including high-frequency trading and trust preferred securities cases. Washer, Januszewski and David Wishengrad represented Barclays in a credit default swap case. Floyd Abrams represented McGraw Hill Financial and Standard & Poor’s Financial Services in several lawsuits across the US relating to the credit rating of mortgage-backed securities. Washington DC-based regulatory enforcement specialist Bradley Bondi has ‘in-depth knowledge of the SEC and how to deal with it’. He represented David Weishaus in an SEC insider trading case. Named attorneys are based in New York unless otherwise stated.

Cleary Gottlieb Steen & Hamilton LLP has ‘a stable of brilliant and scholarly lawyers with deep knowledge of even the most esoteric areas of law’. The firm has a role in some of the highest-profile securities fraud cases in the market, such as the Petrobras litigation, in which New York partners Roger Cooper and Lewis Liman are defending the company. Cooper and Lawrence Friedman won the dismissal of a putative class action that alleged securities fraud by client Atlantic Power Corporation and certain executives in statements about the company’s debt and sustainability. Meredith Kotler and Jared Gerber helped secure dismissal of all claims against Barclays Bank and Barclays Capital in a case arising from a foreign bank’s $123m investment in CDOs. Last year, the firm saw the end of its work for more than 40 bank underwriters of Lehman Brothers securities when the Second Circuit affirmed the dismissal of the only remaining action. The SEC’s enforcement division’s former chief litigation counsel Matthew Solomon recently joined the team in Washington DC.

For the biggest, hardest problems it has an enormous track record of success’, say clients of Debevoise & Plimpton LLP. While the firm’s securities litigation team is not the largest in New York it ‘punches above its weight and has a presence on some of the most prominent matters in the market’. Litigation department co-chair John Kiernan has standout litigators in his team, including Maeve O’Connor and Edwin Schallert, who represented Prudential Financial in two key matters; in Burton v The Prudential Life Insurance Company of America, they secured dismissal of a putative class action that raised issues of first impression concerning the interpretation of provisions in the California Insurance Code. O’Connor also represents insurance company MetLife. The firm’s workload covers diverse industry sectors. For example, Bruce Yannett and Washington DC-based Colby Smith are acting for mining company Barrick Gold in a class action alleging securities fraud. O’Connor and Schallert successfully defended the former CFO of Hertz in a class action alleging misstatements of the company’s financial position. In a significant development, the firm’s regulatory enforcement practice saw the return of former SEC Chair Mary Jo White and former SEC enforcement director Andrew Ceresney in early 2017.

At Dechert LLP, firm chairman and ‘terrific lawyerAndrew Levander is representing former Hertz Global CEO Mark Frissora in a class action alleging the company made false and misleading financial statements. Global litigation head Matthew Larrabee is respected for cases in the financial services, mutual fund, hedge fund, technology and healthcare industries. David Kistenbroker, who splits his time between New York and Chicago, defended Endocyte against claims the company made false and misleading statements about experimental drug Vynfinit. He also defended Exide Technologies in a $500m case alleging that it concealed the extent of its environmental liability. Also involved in the Endocyte case was the notable Joni Jacobsen. David Kelley, who joined from Cahill Gordon & Reindel LLP and is a former US Attorney, adds significant regulatory enforcement experience. Michael Kichline in Philadelphia is representing Ocean Power Technologies in a consolidated 1934 Act class action. Named attorneys are based in New York unless otherwise stated.

Greenberg Traurig, LLP’s geographically broad and talented team has strengthen significantly in recent times. From the West Palm Beach office, Joseph Coates leads the local securities litigation group and Bradford Kaufman is co-chair of firm’s wider securities litigation team, while Daniel Tyukody in Los Angeles leads on securities class actions. In New York, William Briendel and Robert Horowitz are the heads of the broker-dealer litigation practice. Washington DC-based Elaine Greenberg, whose experience includes 25 years at the SEC, joined from Orrick, Herrington & Sutcliffe LLP. Louis Solomon, who is now co-head of the firm’s international litigation practice, joined in New York from Cadwalader, Wickersham & Taft LLP along with colleagues Hal Shaftel and Colin Underwood. The firm’s highlights included Tyukody’s defense of Bridgepoint Education in a class action based on allegations that the company intentionally manipulated its accounting processes to influence its stock price. Clients also recommend Karl Dial’s team in Dallas; Hilarie Bass and David Coulson in Miami; and Terry Weiss in Atlanta.

Kirkland & Ellis LLP has ‘a top-notch team that delivers phenomenal client service’, say clients, who appreciate its ‘ethical and energetic representation’. On behalf of the board of SAIC, Mark Filip, who works from Chicago and Washington DC, obtained the complete dismissal of matters arising from the CityTime fraud committed by two low-level employees. Chicago-based Robert Kopecky and Joshua Rabinovitz are defending General Motors in four derivative actions relating to the company’s recall of ignition switches. Highlights for Andrew Clubok in New York included defending Facebook in a series of securities class actions, derivative suits and government investigations in the wake of its IPO. He secured the dismissal of all derivative suits. Clubok’s team for the class actions included the ‘deal-orientedElizabeth Deeley in San Francisco. Joseph Serino in New York and Susan Davies in Chicago are defending a class action for BASF Metals alleging conspiracy to manipulate platinum and palladium prices. Clients also recommend New York-based former SEC director of enforcement Robert Khuzami.

Latham & Watkins LLP is ‘very strong on the West Coast’ and also has strength in depth in its New York office. In New York, Jeff Hammel and Richard Owens are representing the British Bankers’ Association in a large multi-district litigation (MDL) relating to the alleged manipulation of Libor. Christopher Clark and veteran James Brandt are defending a 10b-5 class action for Credit Suisse Securities concerning a complex derivatives transaction. Miles Ruthberg chairs the New York litigation and trial department and is representing Deloitte & Touche against a $3.5bn negligent misrepresentation claim brought by Freddie Mac in Florida. The firm has ‘one of the leading practices for the representation of accounting firms’ and Peter Wald in San Francisco is advising Deloitte as the auditor of capital management firm Aequitas in a class action alleging false and misleading statements about the company’s sales. The firm’s deep West Coast bench includes Brian Glennon in Los Angeles - who co-chairs the firm securities litigation practice with Hammel and Clark - and Orange County’s Michele Johnson. The Chicago office also has a strong team, which includes Sean Berkowitz.

Morgan, Lewis & Bockius LLP has ‘a track record of success and great efficiency’ and is seen as ‘one of the top SEC enforcement practices’. Jordan Hershman and Jason Frank in Boston successfully served as lead counsel to FreddieMac in mortgage-backed securities cases. Charlene Shimada in San Francisco handled several IPO-related cases, notably in the pharmaceuticals sector. She also advised underwriters, including Jeffries and RBC Capital Markets, on a 1933 Act class action; a motion for settlement is pending. Kenneth Schacter in New York often handles insider trading cases. His highlights included defending GPS manufacturer Deere & Company against allegations that it concealed its receivers were subject to interference from telecoms company LightSquared’s proposed network, which was later denied regulatory approval and subsequently went into administration. Marc Sonnenfeld in Philadelphia secured a motion to dismiss at the Sixth Circuit for General Cable Company in a case that accused the defendants of fraudulently inflating the company’s stock price. In Chicago, Merri Jo Gillette and SEC veteran Peter Chan are among many recommended partners.

Orrick, Herrington & Sutcliffe LLP has a strong presence in its home turf of California and is also growing stronger in Washington DC and New York. In recent moves, former US Attorney Melinda Haag rejoined the firm’s San Francisco office and Robert Stern joined from O’Melveny & Myers LLP, splitting his time between Washington DC and New York. San Francisco-based practice head James Kramer (who excels in stock-drop cases and ‘has boundless energy and can charm judges and opponents like magic’) advised Resonant in a securities class action brought by investors who accuse the company of failure to disclose problems meeting technology development milestones. Kramer and experienced trial lawyer Robert Varian represented 23andMe in nine class actions arising from alleged failure to validate its saliva-collection kits. Kenneth Herzinger is recommended for SEC enforcement cases and class actions. Los Angeles-based Michael Tu and San Francisco-based senior associate Alex Talarides are also recommended. The firm’s regulatory enforcement practice has been strengthened following the merger of its securities litigation and white-collar defense practices into one group. Jason Halper joined Cadwalader, Wickersham & Taft LLP.

Paul Hastings LLP has an extensive network across the country and is known for ‘good people, good coverage and great response times’. The firm has ‘an incredibly robust practice in SEC enforcement work and DOJ investigations’ as well as a strong bench of litigators. Douglas Flaum in New York and Peter Stone in Palo Alto are co-chairs of the global securities litigation practice. The firm has an impressive roster of investment bank clients and New York-based global litigation chair Barry Sher and Joshua Hamilton in Los Angeles obtained the dismissal of all claims against the underwriters of the SeaWorld Entertainment IPO, including Goldman Sachs and JP Morgan. Sher and Flaum represented UBS in securities fraud litigation relating to the NS Repack CDO. New York’s Kevin Logue secured the dismissal of two complaints against Brookfield Investment Management in a high-profile case that raised questions about statutes of repose. Los Angeles-based William Sullivan, who is known for his ‘experience, understanding and sound advice’, obtained confirmation that the DOJ will not bring charges against individual executives of Countrywide in relation to mortgage-backed securities. Samuel Cooper in Houston is also recommended.

Wachtell, Lipton, Rosen & Katz has great depth in its securities litigation team, which is led by ‘exceptional lawyerWilliam Savitt and Jonathan Moses. The firm regularly acts in high-stakes litigation for blue-chip corporate clients such as Facebook and JP Morgan. Savitt, Bradley Wilson and rising star Ryan McLeod are representing outside directors and the board of Facebook in connection with a putative class action challenging the proposed reclassification of the company’s common stock in order to increase Mark Zuckerberg’s philanthropic activities. Savitt also represented Lionsgate in obtaining the dismissal of a securities class action alleging that the company had misled investors by not disclosing a pending SEC investigation. In Lima v Vivint Solar Inc,Paul Vizcarrondo and Carrie Reilly achieved a victory for underwriters of Vivint Solar’s IPO by obtaining the complete dismissal with prejudice of all claims. John Saverese has long represented JP Morgan in Madoff-related litigation, which continued in 2016.

Weil, Gotshal & Manges LLP’s New York-based team is ‘responsive, detail-oriented and secures outstanding results across the board’. Clients say that ‘the advice always makes sense from a legal and business perspective’, describing John Neuwirth and Joseph Allerhand as ‘reliable, proactive and worth the hourly rate’. Neuwirth achieved a decisive court of appeals victory for Sanofi with the dismissal of a high-profile securities fraud class action concerning the results of clinical trials for a multiple sclerosis drug. Allerhand scored three victories for Fairway Group Holdings in matters relating to its 2013 IPO. Miranda Schiller and Gregory Silbert defeated a $57m claim against Vivendi in one of the largest securities fraud class actions to be tried to judgment. Highlights for former federal prosecutor Jonathan Polkes included a victory for Morgan Stanley when a New York federal jury issued a verdict of no liability in private insider trading claims brought by a Russian billionaire. Stephen Radin and Stacy Nettleton are among the other respected partners. Jim Quinn left the firm.

Litigation boutique Williams & Connolly LLP in Washington DC is ‘one of the few firms outside New York that is having a big impact in securities litigation’. It is known for its robust style that stems from its ‘deep expertise and a focus on litigation that means, right from the start, cases are prepared for trial rather than settlement’. Veteran litigator Brendan Sullivan led the defense of Bank of America in a case brought by the US government that alleged that it defrauded Fannie Mae and Freddie Mac by selling loans that breached contractual warranties. On appeal, a $1.3bn penalty awarded in district court was overturned. Robert Van Kirk acted for The Carlyle Group in connection with the failure of the $22bn MBS vehicle Carlyle Capital Corporation in securities class action and derivatives claims seeking over $1bn in damages. Kannon Shanmugam is advising Nasdaq on In re Facebook IPO Securities and Derivative Litigation. Dane Butswinkas and Steven Farina reduced settlement from $3.7bn to $1.5bn in Lawrence E Jaffe Pension Plan v Household International Inc. Hackney Wiegmann is also recommended.

Based mainly out of Washington DC, WilmerHale’s team is ‘excellent for high-value, bet-the-company matters and has an excellent business sense and terrific depth’. William McLucas is chair of the securities practice, which provides ‘outstanding service and practical, useful advice’. Among the three practice vice chairs, Christopher Davies is taking the lead in the defense of securities fraud actions against blood-testing company Theranos; Fraser Hunter in New York is defending RBS in all US litigation concerning alleged manipulation of Libor; and Boston-based Andrea Robinson is representing a Big Four accounting firm in SEC investigations. Michael Bongiorno in New York and Peter Kolovos in Boston are ‘aggressive when they need to be but can also provide good advice on complex and challenging matters’. Matthew Martens in Washington DC, a former head of the SEC’s trial unit, is highly recommended. Clients also praise Timothy Perla and ‘brilliant legal mind and superb strategist’ John Batter in Boston and New York-based enforcement lawyer Lori Martin.

The merger of Arnold & Porter and Kaye Scholer to form Arnold & Porter Kaye Scholer LLP combined a strong regulatory enforcement practice with a skilled securities litigation team. ‘A great team offering excellent advice and a first-rate service that proactively finds practical solutions’, say clients. Veronica Rendón Callahan in New York and Michael Trager in Washington DC, who count leading accounting firms among their clients, are co-chairs of the practice. New York-based Vincent Sama is ‘a standout superstar litigator who combines superior knowledge with impeccable judgment and terrific business instincts’, says a client; Catherine Schumacher and Daphne Morduchowitz are also recommended. All three handled the court of appeals defense of former AIG CFO Howard Smith against claims that the company concealed losses and inflated reserves. Gilbert Serota in San Francisco secured dismissal of a class action against Yelp that alleged failure to disclose unreliable views on its online platforms. Washington DC-based Scott Schreiber, Arthur Luk and counsel Adam Rienhart are also recommended.

One of the best mid-sized firms, with the experience and skill to handle complex matters’, Cohen & Gresser is ‘very professional and knowledgeable and its lawyers have good judgment while being hard-nosed but pleasant litigators’. The ‘smart, experiencedMark Cohen leads the team and is ‘a real combination of trial lawyer, commercial litigator and client counselor’. Daniel Tabak frequently advises key client Goldman Sachs on regulatory investigations, while the investment bank also calls upon C Evan Stewart for complex litigation matters. Lawrence Gresser, Nathaniel Read and Gale Dick are highly recommended, as is ‘experienced trial lawyer’ Stephen Sinaiko, who joined from Kramer Levin Naftalis & Frankel LLP to add significant expertise in class actions and regulatory enforcement matters. All named attorneys are based in New York.

Covington & Burling LLP has ‘an excellent litigation department with very knowledgeable lawyers who are highly experienced but also quick learners’. The firm has ‘great instincts for how judges and opposing counsel will react’. In New York, Mark Gimbel (who is ‘a great listener and his thoughtful approach is of great value’) and William Phillips chair the practice. They are handling a motion to dismiss a class action against SandRidge Energy CEO James Bennett that alleges misrepresentation of the value of oil and gas assets. David Kornblau, Nancy Kestenbaum, Washington DC-based Bruce Baird and San Francisco’s Tammy Albarrán are noted for government investigations and litigation. Gimbel and Robert Wick are advising JPMorgan Securities in an MDL alleging collusion to manipulate the market for US Treasury securities.

DLA Piper LLP (US)continues to grow its credibility’ thanks in part to its ‘dogged and determined style’. John Clarke in New York and James Mathias in Baltimore (who is ‘a leading player in REITs cases’) co-chair a practice with a nationwide presence. Timothy Hoeffner in New York obtained dismissal of complaints seeking $7bn in damages from Deloitte & Touche for alleged negligent misrepresentation in Adelphia Communications’ financial statements. In San Diego, Robert Brownlie and Shirli Weiss are recommended. Brownlie represented Southwest Water Company in a long-running matter in which the Ninth Circuit denied plaintiffs’ rights to reopen securities fraud claims. Perrie Weiner in Los Angeles secured the dismissal of claims against Resonant Inc IPO underwriter MBD Capital. Stellman Keehnel and ‘superstarAndrew Escobar in Seattle secured the dismissal of a class action against real estate database company Zillow. Also recommended are ‘fantastic litigatorJohn Hillebrecht in New York and SEC enforcement lawyer Ryan O’Quinn in Miami.

Fried, Frank, Harris, Shriver & Jacobson LLP has a strong track record in high-stakes litigation and the firm continued to build its team in 2016 with the hire of Scott Luftglass from Davis Polk & Wardwell LLP. James Wareham in Washington DC is global chair of the litigation department and alongside New York-based Israel David he obtained a notable victory for Aerie Pharmaceuticals in a 10b-5 case that alleged the company made false and misleading statements relating to candidate drug Rhopressa. Wareham and James Anklam, who is also based in Washington DC, are representing Perrigo Company in a case alleging that its former CEO failed to disclose problems with the integration of Omega Pharma Invest. In the New York office, William McGuinness and Stephen Juris are counsel to the underwriters, including Goldman Sachs and Deutsche Bank Securities, in matters relating to MaxPoint Interactive’s IPO.

Katten Muchin Rosenman LLP is ‘driven, practical and more positive than other defense firms’, says one client. Practice co-head Bruce Vanyo, based in Los Angeles and New York, is ‘a top-notch strategist whose reputation as an ethical and fair defense lawyer is invaluable’. For Amarin Corporation, he obtained the dismissal of a 10b-5 class action arising from the FDA’s failure to approve the wider use of cholesterol drug Vascepa. He also acted for Angie’s List in two putative class actions alleging misrepresentation of the company’s financials. Christian Kemnitz defended Rosenthal Collins Group in litigation after its investment manager pleaded guilty to running a Ponzi scheme that lost $30m for clients. Michael Diver in Chicago is highly recommended. In New York, Jason Vigna joined from Skadden, Arps, Slate, Meagher & Flom LLP and William Regan moved to Hogan Lovells US LLP.

At Mayer Brown, ‘the level of service is top tier’, according to one client, who also praises the firm’s ‘pragmatic approach, experienced team and solid advice’. Joseph De Simone, Richard Spehr and Steven Wolowitz lead the practice from New York. De Simone’s highlights included defending Bank of China (Hong Kong) against claims relating to a transfer of $35m by Chinacast CEO Tze Ngon from the company’s US accounts. Wolowitz led the defense of Société Générale in class actions alleging manipulation of the USD Libor. Christopher Houpt, Michael Martinez and ‘thought-leader and very skilled trial lawyerMatthew Ingber acted as key advisers to Bank of New York Mellon in MBS-related cases. New hire Daniel Stein, from the US Attorney’s office, leads the firm’s global regulatory and investigations group. In Chicago, Michele Odorizzi is ‘as smart as they come and has an unrivaled ability to distill complex issues down to manageable arguments’.

Milbank, Tweed, Hadley & McCloy LLP in New York has a strong bench led by head of litigation and arbitration George Canellos and practice group leader Daniel Perry. Clients describe the firm as having ‘one of the leading 1940 Act practices in the country’. Sean Murphy and rising star Robert Hora represented AXA Equitable Life Insurance Company in a derivative action under the 1940 Investment Act in a precedent-setting excessive fee case where the claims were dismissed with prejudice after a 25-day trial. Firm chairman Scott Edelman secured the dismissal of several lawsuits against Citibank arising from allegations of currency exchange fraud. David Gelfand’s highlights included representing Rabobank in a class action alleging manipulation of Libor. Jed Schwartz, Thomas Arena and Antonia Apps are recommended. James Benedict retired.

Clients praise Morrison & Foerster LLP for its ‘subject matter expertise and clear communication with clients’, calling it ‘outstanding in all respects’. The practice has three co-heads in Jordan Eth in San Francisco, Joel Haims in New York and Demme Doufekias in Washington DC. Eth, Haims and Los Angeles-based Dan Marmalefsky successfully represented BlackBerry in multiple securities fraud actions relating to statements about the launch of BlackBerry 10 devices and ensured plaintiffs’ motion to reconsider the claims was dismissed. Judson Lobdell in San Francisco is defending a stock-drop class action for online marketplace Etsy. San Francisco-based Anna Erickson White and Erik Olson in Palo Alto are also recommended. In the Washington DC office, Jessie Liu, who joined from Jenner & Block LLP, defended a Fortune 100 aerospace company against allegations of false claims.

O’Melveny & Myers LLPscores five out of five for the talent of its lawyers’. New York-based head of securities litigation Jonathan Rosenberg won the dismissal of a qui tam action for ACE/Chubb entities against False Claims Act allegations. Matthew Close (who ‘ranks high for his skill and his customer services’) is also recommended, as is Seth Aronson, who represented former American Apparel CEO Dov Charney in a shareholder derivative action and an SEC investigation; both are based in Los Angeles. Jeffrey Kilduff and Shannon Barrett in Washington DC persuaded the court to dismiss a stock-drop complaint against Evercore Trust Company for alleged imprudent monitoring of the JCPenney 401(k) plan’s stock option. In New York, Allen Burton acted for Fifth Street Finance in 1934 Act class actions and derivative lawsuits, and Bradley Butwin, Andrew Bednark and Bill Sushon are also recommended. Robert Stern joined Orrick, Herrington & Sutcliffe LLP.

Proskauer Rose LLPmakes sure its clients’ needs are met and has a proactive approach thanks to an incredibly nimble team’. Ann Ashton and Ralph Ferrara in Washington DC are ‘top-notch strategists with experience in all kinds of litigation and enforcement matters’. They advised Fifth Street Asset Management on class actions and derivative actions concerning allegations that it overvalued investments. Ferrara is now acting as lead outside counsel for the Financial Oversight and Management Board of Puerto Rico, which is charged with helping the territory achieve fiscal responsibility. In New York, new hire Joshua Newville, previously senior counsel in the SEC’s enforcement division, adds considerable skills in regulatory matters. Highlights for Stephen Ratner and practice co-head Gregg Mashberg included securing a victory for The Depository Trust Company in a long-running case that found its processes and procedures were fair to micro-cap issuers. Practice co-head Jonathan Richman is also recommended.

Ropes & Gray LLPknows what it is doing in litigation and enforcement matters and always does an excellent job’. The firm’s ‘top-notch lawyers’ include Randall Bodner in Boston and Anne Johnson Palmer in San Francisco, who together represented Keurig Green Mountain in a federal securities case that was voluntarily dismissed when the evidence of confidential witnesses was proven to be unreliable. Boston-based Christopher Green is leading the defense of Sarepta Therapeutics in a case seeking $1bn in damages following setbacks in the filing of a new drug application. The case is now on appeal before the First Circuit. The firm has a strong pharma practice that generates 10b-5 cases and a leading 1940 Act practice representing funds. John Donovan is leading the defense of numerous fund advisers including Pimco in excessive fee litigation. Donovan and David Hennes are advising biopharmaceuticals company Chiasma on a class action.

At Willkie Farr & Gallagher LLP, New York-based accounting expert and securities litigation practice chair Michael Young is ‘clearly a leader in his field, combining real trial experience with organizational talent’. Washington DC-based senior counsel Richard Bernstein’s highlights included representing Facebook in a consolidated securities class action concerning its IPO under the Securities Act of 1933. Todd Cosenza in New York handles securities class actions as part of his complex financial litigation practice. He has secured numerous victories for Lehman Brothers Holdings, the most recent being the successful motion to expunge RMBS claims relating to 726,000 loans. Martin Seidel joined from Cadwalader, Wickersham & Taft LLP.

Superb, smart, incredibly articulate’ group chair James Smith is ‘an excellent lawyer with great judgment and leads a very strong litigation team’ at Winston & Strawn LLP. New York-based Smith and Richard Reinthaler and Los Angeles-based John Schreiber (who is ‘an excellent strategic partner who provides exceptional strategy’) are representing Omnicare in a review of the Sixth Circuit decision regarding statements of personal opinion and the grounds for liability in securities class actions. Smith and Schreiber are also leading the defense of RCS Capital in a 10b-5 stock-drop case. Clients also praise New York’s Stephen Sheinfeld (a ‘very smart, knowledgeable and tough negotiator and trial attorney who is dedicated to his clients’), newly promoted Ian Eisner, Chicago-based Caryn Jacobs and Robert Sperling, and Casey Berger in Houston.

At Baker Botts L.L.P., ‘the level of service is outstanding and the product is of the highest caliber’. David Sterling chairs the litigation department from Houston and Seth Taube in New York leads the firm-wide securities and shareholder litigation practice. Sterling and ‘deep, creative thinker and skilled litigatorDanny David (who is ‘experienced, thoughtful and has great insight’) defended Key Energy in a 10b-5 case alleging misrepresentation of the company’s FCPA compliance. Sterling and Jessica Pulliam in Dallas acted for Halliburton and its CEO in a class action alleging the company misrepresented its liability for, inter alia, asbestos-related claims and the benefits of its merger with Dresser Industries. Securities litigation specialist Jonathan Shapiro joined in San Francisco from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C..

Cadwalader, Wickersham & Taft LLP has ‘a strong core team for securities litigation’, despite several departures. Louis Solomon, Hal Shaftel and Colin Underwood moved to Greenberg Traurig, LLP; Gregory Markel joined Seyfarth Shaw LLP; and Martin Seidel joined Willkie Farr & Gallagher LLP. One significant hire is Jason Halper in New York from Orrick, Herrington & Sutcliffe LLP, who is ‘an excellent litigator - responsive and engaged’. Also in New York, newly promoted Nathan Bull has ‘has great skills and can write beautifully’, and Jonathan Hoff is acting for Salix Pharmaceuticals in a class action that alleges the company made false and misleading statements regarding its wholesaler inventory levels and its financial results.

Dentons has a deep bench of talent and is ‘very cost effective because of its national and global reach’. In New York, practice head Sandra Hauser and Patrick Gennardo successfully defended Metropolitan Life Insurance in five federal class actions alleging the company misrepresented its financial status, while Reid Ashinoff advised Genworth Financial on a stock-drop case alleging materially false statements in relation to a partial IPO. In Chicago, Stephen Senderowitz and Rachel Cannon won a high-profile ‘spoofing’ case in federal district court for proprietary trading firm 3Red Trading. In Washington DC, Nancy Grunberg (who is ‘client-oriented and outstanding on response times, business acumen and value for money’) is recommended for SEC matters.

Silicon Valley-headquartered Fenwick & West LLP has ‘credible and substantive knowledge of the technology and life sciences sectors and a deep understanding of clients’ needs’. In San Francisco, Susan Muck and Kevin Muck ‘work hard, know the facts of a case inside and out, and are savvy about managing litigation’. Former Associate Regional Director for enforcement at the SEC Michael Dicke and Jay Pomerantz, who splits his time between Mountain View and the firm’s recently opened New York office, are recommended. The firm’s highlights included securing for GoPro the dismissal of state and federal shareholder litigation relating to its 2014 IPO.

Goodwin’s national practice has built a reputation for favorable results in MBS matters and investment advisory cases involving excessive fees. Clients praise its ‘proactive approach and high-level strategic advice’. Grant Fondo in Silicon Valley is among the partners defending insider trading claims in Securities and Exchange Commission v Ashish Aggarwal, et al. Mark Holland in New York and Washington DC-based Michael Isenman are representing JPMorgan Investment Management in an excessive fees case. Also recommended are Derek Cohen (who is ‘a true star, smart and creative’) and Brian Pastuszenski in New York and Boston-based Todd Cronan.

Hughes Hubbard & Reed LLP has three co-chairs of its securities litigation group: New York-based William Maguire and Edward Little and Washington DC-based Kevin Abikoff. Maguire and Sarah Cave represented accounting firm PricewaterhouseCoopers in litigation arising out of its audits of funds that invested with Bernard Madoff Securities, including a federal class action that was dismissed in the New York Appellate Division. New York-based Christopher Kiplok’s highlights included several matters for the trustee in the SIPA liquidation of Lehman Brothers. Washington DC-based Roel Campos chairs the firm’s securities enforcement practice, which also includes Terence Healy and New York’s Marc Weinstein.

Jones Day has an experienced team that includes former chiefs of the securities fraud unit in the US Attorney’s office for the Southern District of New York in Charles Carberry and Washington DC-based Peter Romatowski. Also in Washington DC, Joan McKown is a former chief counsel for the SEC’s enforcement division. In New York, Robert Micheletto and Kelly Carrero represented Harman International in a securities fraud class action alleging false disclosures, and Jay Tambe advised Deutsche Bank on matters arising from emerging market CLO and CDS deals. Tambe and Boston-based Traci Lovitt are among the partners acting for Wells Fargo in RMBS cases. Patricia Villalreal in Dallas is recommended. Robert Gaffey retired.

King & Spalding LLP has a team spread across eight US offices that is ‘supportive, experienced, always quick to respond and extremely patient in explaining details’. Paul Bessette and Israel Dahan are representing FXCM in a class action alleging misrepresentation of the risk of the Swiss National Bank allowing the franc to trade freely against the euro. Peter Isajiw is acting for directors of Digital Domain Media Group in securities fraud and class action lawsuits concerning alleged misstatements. James Capra’s highlights included advising PwC Brazil in connection with the Petrobras corruption scandal. William Johnson, Austin-based Michael Biles and Dixie Johnson in Washington DC are all recommended. Warren Pope and Michael Smith in Atlanta defended misrepresentation claims against Galectin Therapeutics. Named attorneys are based in New York unless otherwise stated.

New York firm Kramer Levin Naftalis & Frankel LLP is ‘a go-to firm for significant matters - timely, responsive and thoughtful of the business implications’. Gary Naftalis and Barry Berke lead the practice, and former plaintiff lawyer John Coffey is also highly regarded. Coffey is representing Pershing Square Capital Management in a class action alleging insider trading in relation to its attempt to acquire Allergan. Michael Dell, who has 30 years’ experience as a trial and appellate lawyer, acted for the Securities Industry and Financial Markets Association (SIFMA) in the appeal of an $806m settlement against Nomura Holding America in MBS-related litigation. Jonathan Wagner, Alan Friedman and Arthur Aufses are also recommended.

McDermott Will & Emery LLP’s team spans offices across the US and is strong in both SEC enforcement matters and securities litigation. Frederic Firestone in Washington DC leads the firm’s SEC defense practice and co-chairs the FCPA practice. He won a complete victory for John Flannery in an SEC enforcement action arising from communications to investors during the subprime mortgage crisis. In Chicago, experienced trial lawyer Steve Scholes is representing the former manager and former chief risk officer of AlphaMetrix Group in litigation arising from the company’s financial failure. Jeffrey Stone is also recommended.

New York-based litigation boutique Morvillo Abramowitz Grand Iason & Anello P.C. is ‘fantastic, a very fine firm with significant trial experience’. Strong in securities enforcement, it has ‘a top white-collar team that helps clients with securities litigation thanks to really smart advocates’ such as Edward Spiro and Judith Mogul. Spiro is representing the former CEO of Petrobras in a securities class action relating to an alleged bribery scheme. Spiro also defended directors of Merck in derivative litigation concerning clinical trial results. Mogul and Robert Anello secured an initial win for the former CEO of a European investment management firm for losses from an alleged US stocks scheme. Lawrence Iason and Elkan Abramowitz are also recommended.

A firm you want to have on speed dial’, Richards Kibbe & Orbe LLP in New York is ‘outstanding value for money and the partners pride themselves on their industry knowledge’. Shari Brandt, Rowan Gaither and Matthew Riccardi ‘solve difficult problems with practical advice’. Brandt and Gaither defended interdealer broker ICAP in a class action arising from an alleged conspiracy to manipulate the ISDAfix swaps benchmark rate, and are handling the defense of the same client against claims that it manipulated the price of futures contracts tied to the Yen Libor benchmark. Daniel Zinman and Alex Soloman are also recommended. Steven Paradise joined from Vinson & Elkins LLP. The firm’s clients include Black Diamond Capital Management and executives of RBS Securities.

Securities litigation is a strong area for Schulte Roth & Zabel LLP, which has an excellent presence among hedge funds and private equity houses. Martin Perschetz and William Gussman advised Merck’s former chief scientist on the Vioxx securities class action, the settlement of which was confirmed last year. Charles Clark is ‘a real star’ in the SEC enforcement space and was involved in significant regulatory investigations in the pharmaceuticals industry. Michael Swartz is ‘at the forefront of his practice area’ in M&A and securities litigation. Gary Stein is also recommended for regulatory matters, as are Washington DC-based Howard Schiffman and Eric Bensky, who defended a broker-dealer in an SEC investigation into fraud and insider trading. Named attorneys are based in New York except where stated otherwise.

Vinson & Elkins LLP’s team, led out of Dallas by John Wander and Michael Holmes, is ‘constructive, responsive and pleasant to work with’. Holmes, New York-based Clifford Thau and Austin-based Jennifer Poppe were among the partners who represented consumer finance company EZCorp in a 10b-5 case alleging the company made false and misleading statements. Also recommended is Michael Charlson in San Francisco, who led the defense of Vivus in a stock-drop case arising from the FDA’s failure to approve obesity drug candidate Qsymia. Steven Paradise joined Richards Kibbe & Orbe LLP.

White & Case LLP scored a significant victory for Toshiba Corporation with the dismissal of a securities class action in California brought by purchasers of American depository receipts referencing Toshiba stock. Owen Pell, Washington DC-based Christopher Curran and Los Angeles-based Bryan Merryman successfully argued that under the US Supreme Court’s ruling in Morrison v National Australia Bank Ltd, the US Exchange Act does not apply to foreign issuers. Commercial litigation practice leader Glenn Kurtz, Douglas Baumstein and Miami’s James Robinson are also recommended. Named attorneys are based in New York unless otherwise stated.

At Andrews Kurth Kenyon LLP, the team is led by Dallas-based Bradley Foster and new arrival in New York from Foley & Lardner LLPMark Mandel, who is also former chief of the New York office of the SEC’s broker-dealer enforcement division. Foster, Matthew Nielsen in Dallas and Austin-based David Whittlesey are representing insurer Bowen, Miclette & Britt in a $7bn international class action. The firm’s other highlights included defending former McGinn Smith owner Thomas Livingston in SEC administrative proceedings.

Baker & Hostetler LLP has ‘excellent knowledge of defense representation, good depth in the team and skills that inspire confidence’. In New York, experienced litigator Geoffrey Coll has over 20 years’ experience in class actions, and clients praise the ‘knowledge and desire to win’ of Marc Powers and the ‘strong work ethic’ of associate Jonathan Blattmachr. Coll represented trustees of Virtus Opportunities Trust in a $100m class action alleging misrepresentation of the performance of investment strategies by mutual funds. Jessie Gabriel is an up-and-coming name.

Clifford Chance is ‘terrific at defending securities fraud investigations’ and clients highlight Robert Houck as ‘very commercially minded and a vigorous advocate’. He is defending Bank of Montreal in an MDL comprising more than 40 class actions against primary dealers alleging they colluded to manipulate the auction and resale of US Treasury debt securities. He is also representing ICBC Standard Bank in a class action alleging manipulation of platinum and palladium price benchmarks. Clients also praise the ‘extraordinarily talented and smartEdward O’Callaghan and Chris Morvillo, who is representing the founder of Autonomy in cross-border matters. Named attorneys are based in New York.

Cooley LLP is ‘dominant in the technology space’. Peers describe it as ‘an outstanding firm with very talented lawyers for technology matters on the West Coast’, including the ‘very impressive’ John Dwyer in Palo Alto and Stephen Neal in San Francisco. Also singled out for praise is ‘very strong lawyer’ Lyle Roberts in Washington DC. The firm acted as co-counsel for global semiconductor company AMD in a securities class action in California alleging the company made false and misleading statements about the production and demand for a combined CPU and graphics processor.

Freshfields Bruckhaus Deringer LLP in New York is leading the defense of a Rothschild Bank affiliate in a class action brought by Lehman Brothers seeking to invalidate collateral positions in CDO contracts. Tim Harkness, who led the oral argument in that case, is also representing structured investment vehicle Tensyr in clawback litigation relating to the Madoff Ponzi scheme. Gabrielle Gould’s highlights included acting for Citigroup in a securities fraud matter arising from unrated junk bond sales. Marshall Fishman joined Goodwin.

Jenner & Block LLPis not a legal factory but gives highly personalized advice’. ‘The depth and diversity of its partners’ experience stands out’, say clients. ‘Excellent tacticianStephen Ascher in New York ‘offers strong representation when the stakes are high and everything is on the line’. Howard Suskin in Chicago is also recommended. The firm’s highlights included defending a world famous financial services company accused of not disclosing risk in a co-brand relationship.

Norton Rose Fulbright US LLP has a strong reputation among both energy companies and financial institutions. Houston-based global head of dispute resolution and litigation Gerard Pecht is representing oilfield technology company Flotek Industries in a securities class action and SEC investigation concerning allegations that its core software product did not work as advertised. Peter Stokes in Austin represented the former CFO of QRX Pharma in a 10b-5 case alleging material misrepresentation of the efficacy of a new drug. Rodney Acker in Dallas is also recommended.

San Francisco-based Sarah Good and Bruce Ericson lead the securities litigation and enforcement team at Pillsbury Winthrop Shaw Pittman, LLP, which has a national scope. Ericson is defending a challenge to the settlement against former Hewlett-Packard CEO Leo Apotheker arising from the company’s acquisition of Autonomy. David Furbush acted for China Gerui Advanced Materials Group in a class action claiming the CEO spent $234m of cash reserves on a collection of antique Chinese porcelain, mislabeled the purchase and caused a 20% stock drop.

At Seward & Kissel LLP in New York, partners Mark Hyland, Michael McNamara and Michael Considine advised an investment manager with over $3bn under management in a case arising from an $800m currency loss. The firm is strong in regulatory enforcement matters and Jack Yoskowitz and counsel Ross Hooper are defending a Bermuda investment manager in Securities and Exchange Commission v Revelation Capital Management, Ltd, which raises issues of US securities law jurisdiction. Bruce Paulsen is also recommended.

Seyfarth Shaw LLP is ‘a strong, up-and-coming firm in this space with a respected practice that shows tremendous creativity and outside-the-box thinking’. The firm has a strong track record in mid-market cases and boosted its bench significantly with the hire of leading light Gregory Markel in New York from Cadwalader, Wickersham & Taft LLP. Will Prickett in Boston defended directors and officers of Nanosphere in cases brought after the announcement of its acquisition by Luminex Corp. Andrew Boutros, who operates from Chicago and Washington DC, is ‘exceptional, the real deal - very thorough, meticulous and client-focused’.

Stradling Yocca Carlson & Rauth in Newport Beach is ‘an excellent boutique for high-end corporate advisory and litigation work’. ‘Consummate professional’ John Cannon and ‘real up-and-coming young partner’ Jason de Bretteville successfully defended Spectrum Pharmaceuticals in a stock-drop case seeking $100m in damages and alleging that the company did not disclose the risk to sales from a generic competitor to its cancer drug, Fusilev. Kathleen Marcus is also recommended.

Vedder Price in Chicago is ‘outstanding in every area with fast response times and a high level of expertise’. Chair of the financial services group Thomas Cimino is representing former Akorn CFO Tim Dick in a 10b-5 case concerning restatements of the company’s financial position. Chair of the government enforcement group Junaid Zubairi is acting for a high-level automotive sector executive in regulatory investigations into sales reporting practices. Recent highlights for Randall Lending include advising former directors of First United Bank in a Federal Deposit Insurance Corporation (FDIC) investigation.

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Legal Developments worldwide

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  • EU and Malta Securitisation Market

    Following the US subprime crisis that began in 2007, the notion of securitisation has suffered from bad press that tainted its reputation. However, securitisation is still considered as an essential component to continued economic recovery and for well-functioning financial markets.
  • PATENTABILITY OF SOFTWARE IN SINGAPORE

     leading_lines_newsletter_dec_2017
  • DOJ Makes the Pilot Program Permanent and Announces FCPA Corporate Enforcement Policy

    The US Department of Justice ("DOJ") had announced a pilot program [1] ("Pilot Program") on April 5, 2016, which created new mitigation opportunities for companies that (i) voluntarily self-disclosed, (ii) cooperated fully, and (iii) took timely and appropriate remedial actions in FCPA matters that fell within the Fraud Section's mandate. The Pilot Program was to remain in effect for 1 year, starting from the day of its announcement. On March 10, 2017, the Acting Assistant Attorney General, Kenneth A. Blanco, announced in a speech that the Pilot Program would continue in full force until the DOJ reached a final decision on whether to extend it, and what revisions, if any, should be made to it. [2] The evaluation period of the Pilot Program ended on November 29, 2017, when Deputy Attorney General Rod Rosenstein announced the new FCPA Enforcement Policy ("Policy"), which effectively makes the Pilot Program permanent with some revisions. According to Deputy Attorney General Rosenstein, the FCPA Unit received 30 voluntary disclosures during the time period that the Pilot Program was in force, as opposed to 18 voluntary disclosures that were received during the previous 18-month period. The Policy has been incorporated into the United States Attorneys' Manual in order to "be readily understood and easily applied by busy prosecutors" as opposed to being promulgated in memorandum format. [3]
  • Effects of State of Emergency Law in Turkey On Prison Sentences Under Criminal Execution Laws

    With the Statutory Decree No.671 dated August 17, 2016, and the recent changes with Regulations No.29987 and No.29824 on Regulation Regarding an Amendment on Placement to Open Punishment Execution Facilities effecting execution of the Law No.5275 on Punishment Execution Law has introduced significant changes.
  • [SOUTH KOREA] Supreme Court Affirms Lower Decision, Finding Invalid the Regulations on Foreign ...

    Supreme Court Affirms Lower Court Decision, Finding Invalid the Regulations on Foreign Exchange Report on Incorporation of Offshore Subsidiary by an Offshore Company
  • Disputes on Health-Related Commercial Advertisements under Consumer Law

    Introduction
  • [SOUTH KOREA] New Administration’s Key Environmental Policies

    To step forward as an environment-friendly government, the Moon Jae-in Administration has announced its key environmental policies, including improving safety in chemical substances and household chemical products, and reinforcing implementation measures of the Paris Agreement.  Under the “sustainable development” paradigm, the new administration will continually promote new regulations to protect the environment and strengthen its enforcement of environmental regulations.
  • [SOUTH KOREA] Lower Court Issues Favorable Decision for 27,000 KIA Motors Employees in an ...

    Lower Court Issues Favorable Decision for 27,000 KIA Motors Employees in an Ordinary Wage Case 
  • SyCipLaw TMT Bulletin: “More Philippine Data Privacy Act: Are you Ready for Phase II?”

    Controllers and processors who have completed Phase I registration with the National Privacy Commission (NPC) will now have to gear up for Phase II. Phase II involves providing the NPC certain information on the organization’s compliance with the Data Privacy Act (DPA).
  • Crowdfunding - The Path towards a regulatory Framework

      The importance and feasibility of crowdfunding platforms is increasing in stature and importance for current and future the entrepreneurs. Malta has recently acceded to the rising trend by creating its first crowdfunding platform, ZAAR, a reward-based crowdfunding platform who has recently been awarded with the first prize in its section at the National Enterprise Support Awards 2016 also as well as being one of the local projects that have represented Malta at the European Enterprise Promotion Awards 2016, held in Slovakia. Nonetheless start-ups based in Malta with global aspirations often rely on international platforms. An increase in interest has emerged amongst the art and culture community as well in social entrepreneurship projects. Crowdfunding in Malta is still at the early stages of development. Despite this, there are endless opportunities for local entrepreneurs and the local business community. Research has shown that through international crowdfunding platforms, monies have been raised for projects in the field of gaming consoles, apps and software as well as for artistic projects.  Testimony to this is a new game design studio in Malta, that launched its first game, Politicks, raised financing through the crowdfunding platform Indiegogo.

Press Releases worldwide

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