Securities litigation is a multifaceted, highly specialized area of practice. Legal claims against brokers and brokerage institutions may involve allegations of negligence, breach of fiduciary duty, fraud, breach of contract, misrepresentation, investment suitability, lack of diversification, margin violations, churning, failure to execute orders, and the failure to supervise, to name a few. KMK attorneys are equally capable of representing both defendants and investors, having acted as both lead and local co-counsel in a number of securities class actions.
Our team of Business Litigation attorneys benefit from substantial experience in matters with billions of dollars in dispute. That experience helps us guide clients through litigation and arbitration to advance their objectives.
Common types of representation are outlined below.
Securities Class Actions
These often involve great expense and can include complaints seeking vast damages. Frequently, alleged breaches of the securities laws impact multiple investors with common interests. In addition to its wealth of securities litigation experience, KMK offers cutting-edge expertise in the emerging law of electronic discovery that has become a critical facet of securities litigation and arbitration involving large institutions.
The investment industry has historically required most investors to sign agreements that render arbitration compulsory. Recent Supreme Court rulings have impacted the enforceability of such agreements. KMK has achieved significant results for defendants and investors in a number of arbitration proceedings. A major factor in our success is our knowledge of the particular evidentiary and procedural nuances of arbitration advocacy as opposed to courtroom representation.
KMK also undertakes actions for stakeholders concerning corporate control, shareholder rights, and officer/executive actions, representing both claimants and defendants. Shareholder derivative actions often arise as a result of perceived improper use of corporate assets by executives or officers, actions contrary to the fiduciary duties owed by such insiders, and the misuse of proxy voting rights or other actions related to the direction of the company and its assets.