P&D’s litigation practice focuses on defending against serious allegations of malfeasance in two domains:
(i) civil and criminal securities fraud, financial fraud, and insider trading; and
(ii) corporate independence, conflict, and corporate governance matters in both public and private corporations.
Sometimes P&D will work directly with the client; other times, law firms will engage us to assist them on particularly complicated questions of law and policy. While we also assist plaintiffs, our specialty lies in defense work—including insider trading, Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), Dodd-Frank, and mail & wire fraud.
Unique Skills That Benefit You
We understand not only the gamut of doctrines in the canon (from the most fundamental to the most esoteric)—but also organizational behavior, including social network analysis and informational cascades within organizations. Understanding how information flows within organizations and the behavioral aspects of such flows is highly useful and relevant in cases involving insider trading, securities fraud, corporate governance, and financial fraud. As a result, we are able to seize on opportunities that attorneys without these backgrounds would miss.
The bottom line is that we help our clients stay out of legal trouble.
Recent defense-side engagements include developing game-changing defenses to felony charges of securities fraud and embezzlement, as well as to allegations of civil enterprise liability. Our plaintiff-side work includes developing successful theories of fraudulent transfers, piercing the veil, and fiduciary duties in bankruptcy and insolvency.