The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Melange Gavin advises public and private companies and their officers and directors in all aspects of litigation, including major motion practice, fact and expert discovery, and trial. She primarily represents clients in connection with securities class actions; securities fraud; government investigations; merger disputes; shareholder derivative litigation; and other complex, high-exposure litigation.
Melange received her J.D. from Columbia Law School, where she was a Harlan Fiske Stone Scholar and assisted in coaching undergraduate mock trial teams. At Columbia, Melange volunteered at a housing clinic, working with clients facing a variety of housing and tenant law issues.
Colleen Smith, a nationally recognized trial lawyer, helps public companies successfully prevent or navigate litigation related to securities class actions; M&A, activism, and Delaware corporate governance; SEC enforcement matters; and other shareholder disputes.
Before becoming a lawyer, Colleen served as a U.S. naval surface warfare officer on the guided missile destroyer USS Decatur (DDG 73) and was one of the first women to serve in a combatant role.
Describe your practice area and what it entails.
Colleen: I focus on securities and M&A litigation and broader public company and board representation. As Global Vice Chair of both practices, I lead matters involving private securities class actions; M&A and Delaware corporate governance disputes; SEC enforcement issues; and other shareholder matters. My work spans crisis counseling, day-to-day advice to public companies, and high-stakes litigation strategy. I partner with deal teams to mitigate litigation risk in real time, appear in trial and appellate courts, and help clients navigate enterprise-threatening exposure while protecting long-term business objectives and reputation.
Melange: I primarily focus on defending public companies in federal securities class actions brought by shareholders and the increasing slate of Delaware matters involving challenges to transactions and litigation that follow a client’s public listing. I also handle select complex commercial disputes and government investigations.
What types of clients do you represent?
Colleen: I represent public companies across industries, particularly in sectors where stock price volatility can drive litigation risk, including biotech and life sciences, technology, energy, and retail. My clients include public companies from existing Latham relationships on the corporate side, and I regularly take new clients seeking specialized securities and M&A litigation counsel.
Melange: I represent a range of public company clients and individuals. My recent work includes advising an airline, hedge funds and large investment banks, biotech companies, and an energy company. We also routinely represent individuals named in these suits, from board members to special committee members, CEOs, and other executives.
What types of cases/deals do you work on?
Colleen: I handle securities class actions alleging false or mis-leading statements, as well as M&A, activism, and Delaware fiduciary duty disputes; SEC enforcement matters; and other shareholder litigation. On the deal side, I advise boards and deal teams pre-closing on process and disclosure to reduce litigation risk and post-closing on disputes, which often focus on valuation. I also brief and argue appeals and lead trial teams to protect clients from significant exposure.
Melange: My docket centers on federal securities class actions under the Exchange Act and Securities Act. We defend public companies against allegations of false or misleading statements. I also work on Delaware corporate litigation, including fiduciary disputes and shareholder litigation post-initial public offering (IPO) suits in addition to select complex commercial matters. Right now, I’m preparing for an arbitration on a breach of contract and fraud case, which presents an exciting opportunity to go to trial in the non-securities litigation context.
How did you choose this practice area?
Colleen: I began my career focused on appellate work, then broadened into complex commercial litigation. Around my seventh year, I chose to specialize in securities and M&A litigation because the practice offers the intellectual variety of complex commercial cases while integrating closely with corporate transactions and board-level strategy. I enjoy serving as a trusted partner to my clients in the boardroom and courtroom. Having decided on my practice, I joined Latham in San Diego to return to California and build a practice at a firm with deep public company and transactional platforms, an ideal fit for the cross-disciplinary nature of securities and M&A litigation.
Melange: I started in 2020 in Latham’s unassigned program, taking capital markets work during a hot IPO market. Seeing deals from start to finish taught me the registration process and disclosure framework, which provide invaluable context when a newly public company gets sued. I preferred the litigation side and later joined my first securities case, where my background helped immediately. Securities litigation ultimately strikes the right balance: a robust, well-developed body of law; clients and industries that change from case to case; and a mix of brief writing, research, and fact discovery.
What is a “typical” day like and/or what are some common tasks you perform?
Colleen: No two days are the same, but a typical day blends high-level strategy and hands-on lawyering. I spend substantial time on calls with clients and deal teams, advising on crisis issues, live M&A transactions, and ongoing litigation. I lead internal team strategy sessions and set work streams, then roll up my sleeves to revise briefs, review key documents, and prepare for depositions or board meetings as a trusted advisor to boards on process and disclosure.
Melange: As a fifth-year associate, my day blends writing, research, and case management. I review briefs with partner and client edits, conduct targeted legal research, and manage discovery, synthesizing document review results into deposition outlines and preparing witnesses. When trial looms, we shift into pre-hearing work: submitting briefs to the court, assembling exhibits, arguing pre-trial motions, and handling other pre-trial tasks. Internally, I help set case strategy, plan witness order, and begin crafting opening statements and slides, focusing on how to present evidence clearly and persuasively.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Colleen: Take the classes you find most engaging, as ultimately interest drives excellence. The most valuable skills for associates coming into a securities litigation practice are proactivity and ownership: Become the master of the facts and the case law and don’t wait to be told what to do. Ask for writing and briefing opportunities and embrace the document work that comes your way as story building. Learn the timeline, the witnesses, and the operational context. You can learn much on the job through strong training and mentorship, especially if you seek out these opportunities.
Melange: Take classes you genuinely enjoy. Civil Procedure is the one 1L course I find I use on a regular basis given my practice, and Evidence has proven extremely helpful when preparing for trial. Most training happens at the firm, so seek writing reps early and often, develop strong fact skills through document review, and volunteer for deposition prep and/or other stand-up opportunities when presented to sharpen your instincts and ready you for new matters.
What do you like best about your practice area?
Colleen: I love the intellectual variety and strategic impact. In securities class actions, the legal framework remains constant, but the facts demand deep dives into new industries. One case might involve oncology trials, oil pipelines, or retail forecasting. On the deal side, I’m in the boardroom advising on fiduciary duties and process, helping mitigate litigation risk in real time. That mix keeps the work fresh and allows me to be a trusted advisor in bet-the-company situations.
Melange: First, the people: our practice group has a strong focus on associate development and some of my favorite colleagues at the firm are in this group. The firm invests heavily in associate development and stand-up opportunities, including billable matters when possible and consistently through pro bono. Second, the clients: I find it engaging to represent companies you read about in the news, meet the people behind them, and help navigate significant exposure. Each matter offers a new business to learn, a distinct factual record, and strategic questions that keep the work varied and rewarding.
What are some typical tasks that a junior lawyer would perform in this practice area?
Colleen: Junior lawyers become masters of the case: researching analogous precedents, reviewing key documents, building timelines, owning the factual narrative, and supporting deposition strategy. True development comes from real opportunities, so we create them: Juniors cross-examine in deposition prep, present witnesses and documents to mock juries, and argue discovery motions. We run simulated M&A litigation and mediation war games to build calm under pressure. Under senior mentorship, juniors take depositions and argue motions. Our view is that true development comes with experience, so the best mentors look for ways to get their teams real opportunities.
Melange: Junior associates quickly jump into legal research and writing, frequently focusing on the factual record and document review, which enables juniors to learn the story and become the go-to resource for certain aspects of a case. Junior associates can become the point person for witnesses and help the partner put together the best possible prep materials so they’re prepared for depositions or trial. These early responsibilities add real value not just to the practice but to your own career growth.
What are some typical career paths for lawyers in this practice area?
Colleen: A securities litigation practice leads to an array of career paths. Many colleagues join the SEC’s Division of Enforcement to conduct investigations and trials, and some move between the SEC and private practice. Others go in-house at public companies, managing litigation, advising on disclosures and earnings scripts, and counseling on deals, often progressing to deputy general counsel (GC) or GC. Because securities litigation spans litigation, capital markets, M&A, and white collar, lawyers can pivot into broader commercial litigation or corporate advisory roles. Appellate opportunities also come up, opening doors across corporate and government settings.
How important is it for securities litigators to have a business background and understanding of corporate law, and what should junior attorneys do if they don’t?
Melange: A business background helps but isn’t required. Our team routinely brings in lawyers without this experience and provides robust training and mentorship to get them up to speed. I was a business major without prior work experience, and I learned most of what I use on the job. To skill up, talk to lawyers in the group and stay current on client news and legal developments (I recommend setting alerts for your clients and industries) to track events in real time. Combine this awareness with steady writing and discovery reps, and your confidence and fluency will grow quickly.