Securities Litigation

The integrity of company financial accounts is now the subject of unparalleled scrutiny and public attention in the wake of some notable corporate scandals in recent years. The regulatory framework around financial reporting and the duties of company directors and officers have been dramatically extended and the penalties for non-compliance are greater than ever.

Indian companies with a US listing are subject to especially active regulation by the Securities and Exchange Commission (SEC) in the US. In addition, these companies and their directors and officers are exposed to the risk of class action lawsuits where accounting misstatements or irregularities emerge.

Working closely with our US counterparts, who regularly testify in front of the SEC, our securities litigation team specialises in assisting SEC registered companies and their lawyers by providing the expertise to manage and mitigate securities litigation and regulatory compliance risks. Our team of specialists has assisted clients in many of the major issues in recent years.

• You face shareholder class-action litigation in the United States
• You are subject to an informal or formal investigation by the SEC or the Department of Justice (DoJ) in the United States
• You are subject to whistle-blowing allegations
• You are required to conduct a Section 10A investigation
• You are required to comply with Section 404 of Sarbanes Oxley

How we can support you

• Expertise at working with companies and their legal counsel to provide both a factual and insightful analysis of the issues in question
• Electronic discovery assistance using our forensic technology specialists
• Ability to quickly coordinate an international team to investigate any issue, which allows the situation to be brought under control as efficiently as possible
• Innovative, expert advice and analysis regarding damages and settlements
• Extensive experience in preparation of expert reports, testimony in front of the SEC and trials
• A full understanding of the regulatory demands allows our forensic experts to collate the relevant evidence and present it in the most effective way to minimise any financial and collateral damage
  

Our securities litigation services include

• SEC investigation defence
• Class-action litigation defence
• Second Look – this risk management tool assesses compliance with new regulatory rules and laws on financial reporting, such as Section 404 of Sarbanes Oxley and IFRS, and corporate governance
• Conducting Section 10A investigations for companies.