Robert Burford and Brent Perry and the attorneys at Burford Perry LLP deal with securities litigation on a daily basis. In 2017, they successfully defended a corporate executive accused of violations of the Texas Securities Act and provided representation for individuals accused of federal securities regulatory violations. On the other side of the docket, they represent individuals who are victims of securities fraud involving millions of dollars.
Robert Burford’s practice has included high profile defense successes in the Azurix Securities Litigation and large recoveries for the Houston Police Officers Pension System. Brent Perry has handled multimillion dollar matters involving stock price manipulation and investment banking misrepresentations and fraud.
Securities law is incredibly complex. Parties involved in securities litigation often have a lot at stake, and emotions run high. All securities litigation needs to be handled with discretion and finesse. At Burford Perry LLP, our attorneys have extensive experience on both sides of the docket – defending those accused of securities fraud, and representing the victims of securities fraud. This gives us unique insight into how the other side thinks. Our attorneys are uniquely qualified to help you resolve your securities litigation issues.
The elements of a private securities fraud claim are, in general, (1) a material misrepresentation (or omission), (2) scienter, i.e., a wrongful state of mind, (3) a connection with the purchase or sale of a security, (4) reliance, often referred to in cases involving public securities markets (fraud-on-the-market cases) as ‘transaction causation’; (5) economic loss; and (6) ‘loss causation,’ i.e., a causal connection between the material misrepresentation and the loss. Owens v. Jastrow, 789 F.3d 529, 535 (5th Cir. 2015). Fraud claims can be initiated by state or federal regulatory agencies or by private parties. Individuals often encounter securities law fraud when they are solicited for large investments by persons they believe they can trust.
The relationship between individuals purchasing securities and parties selling securities is meant to be beneficial. Each party owes certain duties to the other. There are extensive regulations imposed by state law and by federal agencies like the U.S. Securities and Exchange Commission (SEC) that define the relationship. Common causes of securities litigation include:
There are numerous federal and state laws regarding securities. Accusations of misconduct require thorough investigations by seasoned professionals. Experienced securities litigation lawyers will be able to coordinate with government agencies, discreetly conduct investigations, and protect the interests of their clients. There is no one way to resolve securities disputes. Individuals or companies entering into securities litigation need lawyers who can analyze all relevant facts and craft unique and beneficial resolutions.
Sometimes securities litigation can be resolved in out of court settlement negotiations, but other times only court proceedings or arbitration can bring a resolution to the matter. Regardless of the avenue of resolution, the securities litigation lawyers at Burford Perry LLP are aggressive advocates for our clients. We’ve won substantial verdicts for our clients in the courtroom and in arbitration and negotiated significant settlements.