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Securities Litigation

Overview

Securities litigators represent individuals and corporations in securities class actions, stock-drop cases, and derivative actions. The work is in some ways similar to criminal defense work, determining what your client has done, whether it violates securities regulations, and how to defend the case. Securities litigators perform internal investigations on behalf of corporate audit committees and represent those audit committees, individuals, and companies in SEC investigations. Securities litigators also advise corporations on director and officer liability insurance issues. The cases can be complicated and involve complex facts patterns; practitioners will spend a lot of time reviewing documents and interviewing witnesses to develop the facts.

Featured Q&A's
Get an insider's view on working in Securities Litigation from real lawyers in the practice area.
Melange Gavin, Associate • Colleen Smith, Global Vice Chair of Securities and M&A Litigation and Public Company & Board Representation—Litigation & Trial
Latham & Watkins

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.

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.

Susan Saltzstein, Co-Deputy of Skadden’s Securities Litigation Group and Co-Head of the Complex Litigation and Trials Group • Mark Foster, Partner
Skadden

Describe your practice area and what it entails.

Susan: My partners and I lead teams that handle some of the most consequential cases in the securities realm: federal and state securities fraud class actions, shareholder derivative suits, high-profile corporate governance disputes, and major regulatory investigations. In practice, I help clients navigate critical, high-pressure situations that could define their future, often as markets react in real time. The work requires strategic judgment, precision, and a deep understanding of how legal issues intersect with the broader business landscape.

Mark: Our focus is on guiding clients through complex, high-stakes litigation that can have significant financial and reputational implications. We represent companies in share-holder class actions and derivative lawsuits. These matters are typically filed in the wake of negative corporate developments and often involve allegations of securities fraud or breach of fiduciary duty.

What types of clients do you represent?

Susan: My clients are incredibly varied, from global brands to innovative, high-growth businesses facing challenges for the first time. Over the past several years, I’ve led or co-led more than 50 major matters for clients, including Booz Allen Hamilton, Unilever, Nokia, Neuberger Berman, Canopy Growth, Johnson & Johnson, Grab Holdings and many others.

Mark: When a publicly traded company’s stock price drops, the entity itself, as well as members of a company’s board and C-level decision makers, often face lawsuits that relate to decisions and disclosures made in connection with a price drop. These clients typically face significant legal and reputational risks, whether due to shareholder litigation, regulatory investigations, or internal governance challenges. Examples of some of my recent clients include Visa, Five9, and ON Semiconductor.

What types of cases/deals do you work on?

Mark: Our work primarily involves shareholder class actions and derivative lawsuits, which can involve complex questions about corporate decision-making, internal controls, and the responsibilities of those in leadership positions, as well as related investigative matters that arise in parallel—all of which demand careful coordination. No two matters are alike, which keeps the work intellectually engaging and underscores the importance of adaptability.

For example, Susan and I co-led the defense of Hawaiian Electric Industries and its officers and directors in securities litigation following the 2023 Maui wildfires. I also recently secured dismissal of a securities class action and stockholder derivative actions against Visa.

Susan: Together, my colleagues and I have defended companies and executives in high-stakes securities class actions, shareholder derivative suits, corporate governance disputes, special purpose acquisition company (SPAC)-related litigation, and cases involving cross-border or parallel proceedings. We also advise boards of directors and committees on disclosure, governance, and litigation-avoidance issues.

Recently, I defended Grab Holdings in a major securities class action arising from the largest-ever de-SPAC; secured the dismissal of breach of fiduciary duty claims against the CEO of Seanergy Maritime; and on behalf of Neuberger Berman, worked on a multifront, expedited defense in federal and state courts to defeat coordinated attempts to enjoin a $12.5 billion business combination. What ties all these matters together is the need to think several steps ahead, anticipate the market and regulatory reaction, and keep the litigation strategy tightly aligned with the client’s business goals. That’s where the work becomes both art and science.

How did you choose this practice area?

Susan: I like to say securities litigation chose me as much as I chose it. I was drawn to the complexity and stayed because of the impact. I realized that the matters that energized me most were the ones sitting at the crossroads of law, business, markets, and human decision-making. Securities litigation was the one practice where all of those forces collided. The cases weren’t just legal challenges; they were stories about how companies operate, how disclosures shape the market, and how a single decision can influence investor confidence across an entire industry. Securities litigation never sits still. It shifts with market cycles, regulatory priorities, emerging technologies and geopolitical events. You have to be a student of everything: finance, governance, risk, human behavior, and more.

Mark: Similar to Susan, this practice area chose me. As a junior attorney, I was assigned to matters based on firm needs and developed an affinity for this work. I found it engaging and rewarding, so I invested my career in it. I appreciated the predictability of the legal framework combined with the novelty each new case presented. A defining moment came when I successfully persuaded a judge to reconsider a motion he had previously denied after I thoroughly researched and briefed a complex doctrinal issue. That experience confirmed that this was the work I wanted to continue doing.

What is a “typical” day like and/or what are some common tasks you perform?

Mark: My work varies by case phase. At times, I am deeply immersed in researching and writing, drafting or editing briefs, and analyzing case law. Other times, my focus is on communicating with clients, strategizing with co-counsel, or negotiating with opposing counsel. I also spend time developing the factual record, which involves reviewing documents, building chronologies, and preparing witnesses for testimony.

Susan: While no day is ever typical, I am consistently balancing strategy, people, and pressure. My days usually begin with client conversations about the risks they’re facing and what we need to do next. Some days, I might move into a strategy session with my team, a briefing discussion on a fast-moving matter, a deposition prep session, or a meeting with experts on market or accounting issues. Other days, the priority is counseling clients on disclosure questions or governance issues designed to prevent litigation before it arises. I also dedicate a meaningful part of each day to mentoring. I came up through a generation where informal mentorship was invaluable, and I try to pay that forward. Helping associates find their voice, giving them real responsibility, and supporting their development is something I consider a core part of leadership.

What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?

Susan: I encourage aspiring litigators to gain experience working on complex commercial cases, pursue a clerkship if possible, and seek out opportunities that stretch your analytical skills. Cultivate mentors who will invest in your growth and help you build your own voice.

Mark: In addition to Susan’s excellent advice, I recommend regularly reading business-focused publications, such as The Wall Street Journal and The Economist, to stay informed about trends that often influence our work. Dedicating 15–20 minutes a day to this habit can provide valuable context and insight.

What is the most challenging aspect of practicing in this area?

Susan: In securities litigation, the challenges are as complex as the stakes are high; every matter feels like its own ecosystem. One day you’re navigating cutting-edge market issues, and the next, you’re defending a Fortune 500 company in a case the entire industry is watching. That’s what keeps me energized.

Mark: The most challenging aspect is navigating the nuanced landscape shaped by the differing perspectives of judges. Just as lawyers approach cases differently, judges interpret and analyze facts and legal arguments in distinct ways. Anticipating how a particular judge will respond to a set of facts or legal theory is often the greatest variable in any case.

What do you like best about your practice area?

Susan: Securities litigation is like solving a new puzzle every day. The facts evolve, and the markets shift. That’s why I love this work: it’s intellectually demanding and strategically rich, and it has real-world impact.

Mark: I enjoy the balance between working within a stable and predictable body of law while continually applying it to new and evolving issues. Each case introduces new companies, technologies, and challenges, which keeps the work interesting and dynamic.

How do you see this practice area evolving in the future?

Mark: Securities litigation closely follows business trends. As new industries and technologies emerge, they become the focus of related litigation. For example, we are currently seeing an increase in cases involving AI-related claims. Whatever becomes the next major business trend will likely drive future securities litigation as well.

Susan: As Mark notes, the cases we work on shape industries, clarify the rules of the road, and help define how companies communicate with the world. That sense of impact is what makes securities litigation not just a career, but a calling.

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?

Mark: A business background and knowledge of corporate law are important, and taking law school classes or CLEs focused on these areas will provide a good foundation. Familiarity with civil procedure is also essential. As I shared earlier, for those seeking to build their understanding, staying informed through business publications and developing a general awareness of economic and corporate trends can be very valuable.

Susan: Securities litigators need to be fluent in the languages of law and finance. If you can translate between the two, you’re already ahead. You need a deep foundation in securities law, corporate governance, and financial principles. Understanding financial statements, market dynamics, and regulatory frameworks is essential because the cases often turn on these details. Equally important are the fundamentals of litigation: precise writing, persuasive oral advocacy, strategic thinking, and sound judgment under pressure.

Susan Saltzstein is Co-deputy of Skadden’s nationwide securities litigation group and Co-head of the complex litigation and trials group. Susan’s practice focuses on representing U.S. and global corporations (public and private), financial institutions, and individual clients embroiled in complex litigation in federal and state courts. Her litigation experience is broad-based in scope and industry and includes class and derivative actions, board representations, stockholder lawsuits and SEC investigations. Susan has been recognized by various legal industry outlets, including Chambers USA (Band 1), Law360 as a Securities MVP, and Benchmark Litigation as a Litigation Star and one of its Top 250 Women in Litigation.

Mark Foster is a partner in Skadden’s securities litigation group. He represents public companies and their officers and directors in securities fraud class actions, shareholder derivative lawsuits, and shareholder demands and related investigations, among other matters. Mark frequently defends clients against investor lawsuits, defends against breach of fiduciary duty and insider trading allegations, and counsels on disclosure issues. He has been recognized in Chambers USA for securities litigation and Benchmark Litigation as a Litigation Star, and by Lawdragon as one of the 500 Leading Litigators in America.

Helam Gebremariam, Partner—Litigation
Cravath, Swaine & Moore LLP

Describe your practice area and what it entails.

My practice broadly covers complex commercial litigation, and a large portion of my work involves representing clients facing securities litigation in jurisdictions across the country in arbitrations, jury trials, and bench trials: the whole gambit. This includes defending individual and class action litigation for clients who come to the firm with significant and pressing issues—what some might call bet-the-company work—and there are no easy answers to the type of questions they bring to Cravath. Clients reach out to us when they need creative solutions, and one part of my practice that I particularly enjoy is being a confidante and trusted advisor to them throughout the proceedings. 

What types of clients do you represent?

I represent clients around the world and across all industries and stages in their life cycle. Right now, I am working on half a dozen matters for various clients and no two issues are the same. Their unique business interests keep me on my toes, and the variety also keeps my practice interesting as I learn their goals and work with them to reach preferred outcomes. A few examples of clients include those in the healthcare and pharmaceutical, banking and finance, entertainment and streaming, and alcohol and spirits spaces. 

My pro bono work is also incredibly important to me and to my identity as a lawyer. Cravath as a firm values pro bono work highly, and I have had the opportunity to go to trial on behalf of pro bono clients in addition to taking on the full spectrum of other kinds of casework. 

What types of cases/deals do you work on?

Generally speaking, the cases I work on relate to pressing issues for our clients. That can include everything from a client dealing with a sudden drop in its stock price, an expedited merger litigation, or a confidential arbitration that allows clients to resolve sensitive matters privately. And while all of Cravath’s litigators are based in the United States, we represent clients in cases both domestically and internationally—in fact, I wrapped up an international arbitration earlier this year. 

Two recently closed cases I worked on included representing Tesla CEO and board member Elon Musk in a complete trial victory that defeated a $13 billion stockholder derivative suit related to Tesla’s acquisition of SolarCity, and representing affiliates of Bacardi in actions brought by SCLiquor LLC, majority-owned by rapper Shawn “Jay-Z” Carter, in the Delaware Court of Chancery and other state and federal courts related to the value of SC’s 50% ownership interest in cognac brand D’Usse. All disputes between the parties were settled when Bacardi acquired a majority interest in D’Usse.

How did you choose this practice area?

I have always had a natural inclination to want to advocate on behalf of others, whether it was for my younger siblings or in student government. That desire is what drove me to pursue the law as a career and is something I really enjoy about my day-to-day responsibilities as a litigator: having that relationship with a client, being able to earn their trust, and helping guide them through their decision-making. 

Being trained as a generalist litigator also helped me think deeply about the sort of career I wanted. The idea of being a factfinder really appealed to me, and as an associate at Cravath, I was able to touch a little bit of everything before becoming a partner and having the opportunity to specialize more. My substantive exposure to many of the litigation practice areas has made me a much better lawyer. 

What is a typical day like and/or what are some common tasks you perform?

No two days are exactly the same, which is one of the aspects of my practice that I enjoy the most. Even within the securities litigation space, I have the opportunity to work with an amazing variety of clients in different industries, and each matter has unique facts and issues to resolve. In a normal workday, getting through my tasks can sometimes feel like “organized chaos” in the sense that in that span of time, I might go from drafting briefs and preparing for arguments to speaking with clients and answering their questions. It is important also to note that I am never doing this by myself—teamwork is instrumental to how we operate at Cravath, and I am constantly providing feedback to and receiving updates from a core team of associates whom I work closely with on every single matter.  

What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?

Apply for that clerkship; you won’t regret it. My time spent at the Southern District of New York was perspective-shifting and truly impacted how I approach my work today—you are exposed to a wide variety of casework, both criminal and civil, which directly translates to the client work that might come across your desk at any given time. And while you are absorbing the ins and outs of and becoming familiar with court proceedings, you are also being exposed to various styles of advocacy, both in writing and in oration. That is critical exposure for a young attorney.  

What do you like best about your practice area?

I love that every case is different. You rarely encounter the same thing twice, and this is especially true at Cravath, where clients bring us only their most difficult questions in search of bespoke solutions. 

What misconceptions exist about your practice area?

People sometimes think that attorneys decide to become litigators because we are adversarial or because we love conflict—that’s not my experience. I was driven to this practice by a desire to help clients effectively navigate through their business and legal challenges in a way that helps them realize their goals. Yes, we of course can be very staunch advocates for our clients, but you also have to remember that it is a very small community—especially in the securities litigation space—and hostility toward opposing counsel doesn’t get you results. Most lawyers recognize that what we say, and how we behave, is in ultimate service of our clients, so I think people would be surprised to see how collegial the practice of law can be. 

What kinds of experience can summer associates gain in this practice area at your firm?

At Cravath, we treat our summer associates as if they are first-year associates at the firm. They do the same sort of substantive work—there are no “busy” or “fake” assignments here—and get a real taste of what Cravath will look like if they decide to return full time. Speaking from my own summer associate experience many years ago: There is no room for observers here. From day one, summers are expected to contribute strategically, legally, and critically to our work for our clients. It is in our culture as a firm that we value everyone who is brought on to a team, no matter the stage of their career. 

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?

Having a business background is important to deeply understanding your clients’ interests and goals—and it is something you can build over time—but what is even more crucial is your responsibility to keep learning and seeking out relevant ideas and thought leadership. Financial papers such as The Wall Street Journal, Financial Times, and Bloomberg are a great place to start, as are offerings from the American Bar Association and Practising Law Institute. Staying current with these sources will help you better understand the opportunities and challenges your clients face more generally, and help you better contextualize the particular matters you’re handling for them.

Helam Gebremariam is a partner in Cravath’s Litigation Department, where she focuses her practice on complex civil litigation related to securities and shareholder derivative suits and antitrust and contractual disputes. She is a partner liaison to the firm’s African American/Black Affinity Group and a member of the Pro Bono Committee. 

Helam received a B.A. in Political Science from Columbia College in 2007 and a J.D. from New York University School of Law, where she was Editor‑in‑Chief of the Law Review and an AnBryce Scholar, in 2010. After graduating from law school, Helam served as a law clerk to Judge Robert P. Patterson, Jr., of the U.S. District Court for the Southern District of New York. She previously served as Senior Counsel to Deputy Attorney General Sally Q. Yates at the U.S. Department of Justice and as Senior Counsel in the Office for Access to Justice.

Helam is a member of the NYU School of Law Board of Trustees and an Executive Board Member of the NYU Law Alumni of Color Association. She also serves on the Board of Directors of the Immigrant Justice Corps and on the Board of Trustees of the Vera Institute of Justice.

Christin Hill, Partner • Michael Komorowski, Associate—Securities Litigation, Securities Enforcement, and Investigations + White Collar Defense
Morrison Foerster

Describe your practice area and what it entails.

Christin: I defend companies, executives, and directors when they are sued by their shareholders, or when they face inquiries by the Securities & Exchange Commission (SEC). MoFo has been a national leader in securities litigation for decades, with particular expertise in the Northern District of California. Many of the leading Ninth Circuit securities litigation precedents are cases we have won.

Michael: I work in Morrison Foerster’s Securities Litigation, Enforcement, and White Collar Defense Group. My work touches on all aspects of the group’s matters, including securities class actions, derivative and other shareholder suits, deal litigation, government enforcement actions, internal investigations, and white collar criminal defense.

Companies and their officers and directors are at risk of litigation when the stock price falls dramatically. If that happens, investors may sue, alleging fraud. Directors of a company being acquired may be sued once the deal is announced. A special committee may hire us to conduct an internal investigation into a suspected accounting irregularity. All of this and more come across my desk.

Rarely, though, is my work on a matter limited to a single one of these categories. It’s common that a securities class action will prompt a follow-on derivative case. Simultaneously, we may defend the client in a parallel SEC or DOJ enforcement action. Not only is this work inherently interesting—learning a client’s business or understanding a company’s position in the financial markets is part of the job—but thinking through the interaction among these various potential private and government actions is particularly exciting. Any move you make on one front will have implications on another.

What types of clients do you represent?

Christin: Many of our clients are public companies in the technology space. I’m currently defending Oracle, Unity Technologies, and Meta in litigation. We recently won dismissal of a case for Amazon.

Michael: Everything from early-stage to mature public companies and their officers and directors.

What types of cases/deals do you work on?

Christin: I primarily work on securities class actions, derivative actions, and SEC enforcement actions. Securities class actions occur when a company’s stock price drops and shareholders sue, alleging that the company violated the securities laws by misleading investors. Derivative litigation is when shareholders sue, alleging that the board of directors breached their fiduciary duties to shareholders. SEC enforcement actions are when the SEC is investigating potential harm to investors, or when the SEC charges a company with violating the securities laws.

Michael: Most of my practice is on the litigation side: securities class actions, deal litigations, derivative suits, and the like.

How did you choose this practice area?

Christin: I always knew I wanted to be a litigator because I love writing. But I didn’t know what type of litigation I wanted to do. One of my very first case assignments as a first-year associate was a securities class action. I liked it right away. I liked that we represented individuals: the executives of the company. It helped to put a face to the defense. I also liked that we were dealing with a specific regulatory regime, rather than common law claims. It felt more concrete. I’ve been doing securities litigation ever since.

Michael: My background before law school was in writing, research, and teaching. I was drawn to this area partly by a longstanding interest in economics and partly by the deep thinking the subject matter requires. When, as a summer associate, I got a taste of the work and the chance to meet some of the terrific MoFo lawyers in this space, I was hooked.

What is a typical day like and/or what are some common tasks you perform?

Christin: I write a lot. Our matters are particularly susceptible to a motion to dismiss. So, we spend a lot of time writing motions to dismiss. As a partner, I’m involved in a fair amount of client counseling with the goal of avoiding litigation.

Michael: Each day is unique. On any given day, I might be writing a motion to dismiss, interviewing a witness as part of fact gathering for a case or an internal investigation, working with an expert on a report or testimony, presenting to a client, or preparing for a hearing.

What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?

Christin: Strong writing skills are essential to success as a litigator. Each class is an opportunity to practice writing. Clerkships can also be a good way to develop as a writer.

Michael: The most important things are strong writing skills and an equally strong curiosity about how companies and markets work. A formal background in economics or finance is not necessary. I don’t have one. But any classes in these areas would be a plus. Corporations, securities litigation, and accounting courses are all good options.

What do you like best about your practice area?

Christin: I like that our matters are high stakes and often newsworthy. When the CEO is personally named in a lawsuit seeking billions of dollars in damages, the leadership team pays attention. Our cases are often written about in the legal and business press.

Michael: I’m constantly learning, not just developing the typical skills you think of—how to take and defend depositions, what to say to the judge about a discovery dispute, how to present to a client—but also taking deep dives into my clients’ businesses. The high stakes and sometimes sprawling nature of many of our matters mean that I’ve been fortunate to work with excellent lawyers. They are generous with their time and have helped me to grow.

What are some typical tasks that a junior lawyer would perform in this practice area?

Christin: Our junior associates are responsible for legal research and may write the first draft of a brief. We also rely on our junior associates to be the master of the facts. We expect them to know the documents better than anyone else on the team.

Michael: A lawyer just starting out may conduct legal research, develop the team’s understanding of the facts, and handle discovery responses. There is no substitute for becoming the master of the facts, and a junior lawyer is in an excellent position to dive in and help the team understand what’s important.

How do you see this practice area evolving in the future?

Christin: I’m interested to see the role that AI plays in legal writing in the future. So far, most newsworthy examples of using AI in legal writing have been cautionary tales with very bad outcomes such as AI inventing fake cases. But as AI evolves, I expect that AI work product will improve dramatically. I’m interested to see a future where AI creates the first draft of a brief.

Michael: On the private side, plaintiffs’ attorneys will adapt their cases to the latest business trend: SPACs, crypto, ESG statements, you name it. They will continue to think up creative ways to allege fraud. On the government side, I expect continued intense scrutiny from the SEC and other agencies that regulate markets.

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?

Christin: There is no requirement to have a business background or understanding of corporate law. As long as you’re curious and interested, you can learn everything you need to know on the job.

Michael: Curiosity about business and markets is a must. A formal background in these areas isn’t. Find a publication you like that offers sophisticated business news and make a habit of reading it. The Economist, New York Times DealBook, and The Wall Street Journal are all good options. Try to get experience with as many kinds of cases in this area as you can.

Christin is a partner in MoFo’s San Francisco office and a member of the Securities Litigation, Enforcement, and White Collar Defense Practice Group. She has extensive experience representing clients in securities class actions, derivative actions, and other complex civil litigation, as well as in government and internal investigations. Before joining MoFo, Christin served as senior counsel at Uber Technologies, where she managed civil litigation and was a lead member of Uber’s global compliance team. Christin grew up in the Bay Area and attended UC Davis as an undergraduate, then Stanford Law School.

Michael Komorowski represents companies and their officers and directors in securities class actions, shareholder litigation, and government-facing investigations. His clients have included companies and individuals in technology, manufacturing, logistics, and financial services (including crypto). Before law school, he taught English literature and writing at several universities. Outside the office, he can be found hiking and backpacking in Northern California.

Brittany Rogers, Partner—Litigation
O'Melveny & Myers LLP

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.

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.

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