Corporate Fiduciary and Securities
Bissinger, Oshman & Williams has deep and varied experience dealing with corporate fiduciary, securities, and finance matters for both plaintiffs and defendants. These include cases involving corporate governance, securities fraud, and government investigations and enforcement defense.
Corporate Fiduciary, Control, and Governance Disputes
We have handled some of the largest, and most difficult, fiduciary disputes in the state, and our presentation in those matters extends across the nation, and increasingly internationally. Disputes over corporate control can lead to bet-the-company litigation, with careers often on the line. Likewise, lawyers, executives, and other professionals owe fiduciary duties to their clients, and allegations of breach of those duties can also lead to complex disputes. We have enjoyed marked success – in three areas of note:
- prosecuting fiduciary duty claims on behalf of plaintiff shareholders, including remedies for oppressed minority shareholders, including actions to recover distributions that have been diverted or suspended, as well as actions for shareholders that have been forced out of their companies, deprived of compensation, or forced to sell their shares against their will;
- defending officers and directors against claims of breach of fiduciary duty, including accusations of self-dealing, usurpation of corporate opportunity, and theft; and
- suing and defending law firms and lawyers in complex fiduciary duty and related malpractice claims.
Very few law firms rival our knowledge, experience, and tenacity in pursuing and resolving those issues in a way that will yield the best possible results for their clients. For example, we have substantial experience in matters involving audits of public and private companies. This knowledge and experience include the Auditing Standards promulgated by the Public Company Accounting Oversight Board; the Internal Control-Integrated Framework of the Committee of Sponsoring Organizations of the Treadway Commission (“COSO”); Sarbanes-Oxley § 404 compliance; principles of fraud examination; and related regulatory and professional literature. Similarly, we have extensive experience in valuations and appraisals of business organizations and majority and minority interests in them. Although these matters often require engagement of accounting, forensic audit, or valuation experts, our deep background empowers us to use these experts far more efficiently than the vast majority of lawyers we see. Furthermore, our knowledge allows us to teach the relevant financial concepts to judges, juries, and arbitrators in a logical, intuitive, and memorable way.
We have represented plaintiffs and defendants both in just about any type of financial and investment fraud dispute imaginable. These include matters relating to the aftermath of the technology bubble of the early 2000s, the collapse of energy merchants such as Enron and Dynegy, and the credit crisis of the late 2000s. These disputes have taken place in state court, federal court, and arbitration with the Financial Industry Regulatory Authority (FINRA) and the American Arbitration Association (AAA).
Government Investigations and Enforcement Defense
We have a substantial and continuous practice defending potential and actual targets of government investigations, as well as defendants in such proceedings if they cannot be resolved through some other means of dispute resolution. This includes inquiries, formal investigations, and enforcement actions by the Securities and Exchange Commission (SEC); Financial Industry Regulatory Authority (FINRA), the Commodities Futures Trading Commission (CFTC); National Futures Association (NFA); as well as state securities and banking regulators. We also serve as co-counsel in criminal investigations involving securities, commodities, and other financial criminal statutes.
Corporate Fiduciary Representative Experience
Defense of Oil Field Services Company in Fiduciary Duty Litigation
Martin Shareholder Oppression and Fiduciary Duty Litigation
Petroleum Products Trading Company Shareholder Oppression and Fiduciary Duty Litigation
Fuel Oil Trading Company Shareholder Oppression and Fiduciary Duty Litigation
Successful Defense in Retaliatory Fiduciary Litigation
Largest Legal Malpractice Verdict Ever
Successful Defense of Law Firm Accused of Wrongful Transfer of Securities
Successful Presuit Settlement for Nonprofit Denuded by For-Profit Parent
Summary Judgment for Finance Executive Accused of Theft
Favorable Verdict for Finance Executive Accused of Theft and Breach of Fiduciary Duty
Arbitration Award Denying $19 Million Against Admitted Fiduciary
Securities Representative Experience