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Antitrust | Complex Business Litigation | Government Enforcement | Insurance
Intellectual Property | Securities Litigation
What do we do?
We represent public and private companies and their directors and officers in high-stakes, prominent securities and shareholder litigation throughout the nation. We are also regularly called upon by our clients to defend claims related to hostile take-overs, "poison pills" and fiduciary duty claims. Our litigators frequently serve as general or special counsel to public companies and their boards. We are leading players in the defense of the investment management industry, which has faced ever-increasing litigation and regulatory scrutiny in recent years. Ropes & Gray has defended more mutual fund complexes and their independent trustees in market timing, late trading and excessive fee claims than any other law firm.
We also represent clients under investigation by the Securities and Exchange Commission or other regulatory bodies, and in related civil and criminal actions in federal and state court. For a further description of our securities enforcement work, click here.
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Rachel
Rubenson (Columbia Law School '07) and Dan Maher (New York
University School of Law '02) work on the State Street litigation
described below. Both are alumni of our summer program. |
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What have we done lately?
- Representing State Street Corporation in several purported
class and individual actions arising out of the subprime mortgage
crisis. Plaintiffs allege that State Street breached its fiduciary
duties as investment manager by exposing certain active fixed
income funds to mortgage-related financial instruments that adversely
affected the funds' investment returns.
- Successfully defending the fees of the Oakmark Funds in the U.S. Supreme Court case of Jones v. Harris Associates (decided March 2010), which set the standard by which "excessive fee" claims under Section 36(b) of the Investment Company Act are measured, endorsed the primacy of independent fund directors in setting fees, and rebuffed attempts by plaintiffs' lawyers to encourage increased judicial scrutiny of fees. For a description of an associate's role in this matter, click here.
- Representing Genzyme Corporation in multiple securities and derivative proceedings in Massachusetts state and federal courts alleging that the company issued misleading statements, or failed to disclose material information, relating to supply and manufacturing issues allegedly affecting the production of and revenue for several Genzyme products.
- Representing Brooks Automation and its current officers and directors in a variety of proceedings relating to the company's stock option grant practices, including investigations conducted by the DOJ and the SEC. For a description of an associate's
role in this matter, click here.
- Representing Freddie Mac officers sued in securities fraud and derivative class actions where plaintiffs allege that defendants failed to disclose adequately the extent to which Freddie Mac was exposed to or risked loss from subprime and other nontraditional mortgage-related securities. For a description of an associate's role in this matter, click here.
- Representing certain members and former members of the Board of Directors of EMAK Worldwide, Inc. in a shareholder derivative action where the main plaintiff is alleging that the defendants violated their fiduciary duties of care and loyalty, committed fraud, and violated the California consumer protection statute.
- Representing Green Mountain Coffee Roasters in a shareholder class action claiming that Plaintiff is entitled to an equitable assessment of attorneys’ fees from Green Mountain Coffee as the acquirer of co-defendant Diedrich Coffee, Inc.
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Thomas Brown (Harvard Law School '06) works with partner
and Securities Litigation Practice Group leader Randy Bodner on
multiple actions in state and federal court defending former Freddie Mac officers from charges of securities fraud. |
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