The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Brittany Rogers defends companies and their officers and directors in high-profile lawsuits in state and federal court. Brittany’s diverse practice spans securities litigation, corporate governance disputes, and complex business litigation, with a particular emphasis on securities class actions, derivative suits, and fiduciary duty litigation. She has an impressive track record of obtaining early dismissals in securities matters and successfully defending clients who face multiple overlapping lawsuits in different jurisdictions.
Brittany also represents companies, boards, and special committees in government and internal investigations, where she has significant experience advising on conflicts and privilege issues. She is also dedicated to pro bono work involving social impact litigation and the representation of underserved litigants.
At O’Melveny, Brittany emphasizes teamwork, efficiency, and the primacy of her clients’ goals. Her commitment to excellence, leadership, and citizenship has been recognized with the Warren Christopher Values Award, the highest honor awarded by O'Melveny. In addition to her legal work, Brittany serves as O’Melveny’s Firmwide Work Advisor Partner, and she is a longtime member of the Los Angeles office’s Employment Committee. Outside of the firm, Brittany is the President-Elect of the Federal Bar Association, Los Angeles Chapter.
Describe your practice area and what it entails.
My practice focuses on defending companies and their officers and directors in high-stakes lawsuits in state and federal court.
My work spans securities litigation, corporate governance disputes, and complex business litigation, with an emphasis on securities class actions, derivative suits, and fiduciary duty litigation.
What types of clients do you represent?
I generally represent companies and their officers and directors when they are sued over complex business transactions, stock offerings or sales, and alleged securities fraud. Often, these are public companies subject to federal securities laws, but I also represent private companies and their officers and directors in connection with similar disputes.
What types of cases/deals do you work on?
I work on a variety of cases. The majority of my practice is focused on traditional securities litigation and breach of fiduciary duty lawsuits, but I also apply my knowledge of corporate structures and dynamics to more traditional civil litigation, including mass torts, financial services cases, and administrative proceedings.
Past cases include:
- Securing pre-discovery dismissals of securities class actions and derivative lawsuits filed against clients in various industries, including a multinational semiconductor company, a commercial real estate credit REIT, a leading global real estate and investment management firm, and an energy services company.
- Representing a Nasdaq-listed company in an appeal to the U.S. Supreme Court, resulting in a unanimous decision for O’Melveny’s client that significantly limited the scope of equitable tolling in securities class actions across the country.
- Obtaining summary judgment on behalf of a national law firm that faced civil RICO, false advertising, and tort claims filed by a competitor.
- Coordinating high-profile board-level investigations at public and private institutions and defeating multiple attempts to obtain attorney-client privileged materials and attorney work product generated during those board-level investigations.
- Defending a national bank and its executive officers in multiple consumer class actions challenging banking practices, mortgage servicing policies, and customer fees.
- Obtaining pre-discovery dismissal of civil RICO action against natural resources company.
- Representing a U.S.-based technology company in a tax investigation by the European Commission.
How did you choose this practice area?
I chose my practice area based on a combination of factors. I genuinely like the work, and I very much enjoy helping my clients navigate a complex area of law. Securities litigation is also an intellectual field, heavy on briefing and economics arguments, and I enjoy that aspect of it as well.
What is a typical day like and/or what are some common tasks you perform?
There is no typical day in my line of work. Whether it’s counseling clients on urgent questions, working on briefs at the trial court or appellate level, conducting witness interviews or fact investigations, or planning trial strategy, every day is different.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Financial literacy is an important part of securities litigation, but that does not require formal financial education. Staying current on business news and economic developments is key, and it can be as simple as reading the news regularly.
What do you like best about your practice area?
I enjoy the intellectual challenge and the help we provide our clients. Often, these are high-exposure cases, both in terms of dollars and in terms of publicity. They can also be very personal. These cases often attack the credibility of hard-working, decent people doing their best for shareholders and their companies, based on nothing more than a stock drop driven by market or business forces.
What misconceptions exist about your practice area?
People often think that securities litigation is highly technical and difficult to master. It may be somewhat technical, but it is not difficult to learn. And once you know the basics, you can apply them to most cases as long as you’re staying current on legal developments.
What are some typical tasks that a junior lawyer would perform in this practice area?
Junior lawyers are involved in all aspects of our securities cases. They research legal arguments, draft discovery requests and responses, draft motions, prepare deposition outlines, appear at depositions, manage discovery, interact with clients, and work with witnesses.
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?
It’s helpful to have an understanding of business organizations, basic finance, and securities regulation, but it is certainly not required at the outset. I had no idea in law school that I would end up a securities litigator, and I did not take any of the generally recommended courses. I learned on the job. All you really need is a good mentor and a desire to learn.