Practice Areas
FLETCHER HELD REPRESENTS CLIENTS IN THE FOLLOWING TYPES OF MATTERS:
Securities Litigation
Represents issuers, underwriters, audit and special committees, directors, CEOs, CFOs, and other officers in securities class actions, shareholder derivative cases, IPO litigation, M&A cases, bondholder disputes, and takeover cases. Scott and Kenneth have obtained numerous dismissals of securities fraud class actions on motions to dismiss. Other cases were settled satisfactorily to the defendants with supplemental disclosures or little or no money paid, particularly in merger challenge cases.
Government Enforcement
Defends officers, directors, committees, and companies in government enforcement actions, informal inquires, and litigation brought by the SEC, DOJ, and other regulators involving accounting and disclosure issues, FCPA allegations, insider trading, and other compliance matters. In many cases, we have persuaded government agencies not to file any actions against our clients. In others, we have negotiated favorable settlements after making Wells submissions and other arguments to government agencies. In still others, we have obtained favorable results in court.
Internal Investigations
Conducts internal investigations on behalf of companies, audit committees, and special committees addressing whistleblower complaints, enforcement actions, shareholder derivative claims, and shareholder demands; also serves as counsel for individuals and groups of officers, directors, and employees in internal investigations. As a litigation boutique with nearly 75 years of combined experience and few corporate conflicts, we are particularly well suited to handle internal investigations for audit committees and special committees.
Commercial Litigation and Arbitration
Represents companies and individuals in complex business disputes and commercial arbitrations including cases alleging breach of contract, fraud, breach of fiduciary duty, conversion, defamation, negligent misrepresentation, tortious interference, joint venture disputes, and trade secret misappropriation. For example, Scott working with others prosecuted the three-week AAA arbitration of a dispute over the ownership and operation of an international gas and power trading and marketing company, and the panel awarded ownership rights to Scott’s major energy client and rejected opponent’s $1.3 billion damages claim. Kenneth defended an individual investment professional against RICO, fraud, and breach of fiduciary duty claims concerning a real estate investment in a two-week jury trial in which the jury rejected the RICO and fiduciary duty claims and apportioned client only 1% liability on the remaining claim.
Bankruptcy and Trustee Litigation
Represents companies, bondholders, officers, directors, and creditors in adversary proceedings and works with bankruptcy counsel in pre-bankruptcy litigation and regular bankruptcy proceedings. For example, Scott represented the former CEO of a renewable energy company in an adversary action alleging fraud and breach of fiduciary duty claims. The case settled at no cost to the client. Kenneth represented selected former officers and directors of a physician-owned hospital who were sued in an adversary proceeding for breach of fiduciary duty by the liquidating trustee. The case was settled satisfactorily.
Counseling and Advice
Counsels and advises companies and individuals; also serves as panel counsel for groups of officers or directors when conflicts arise.