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Public Companies

We know how to help public companies address any securities problems they face, especially regarding enforcement investigations, internal investigations and litigation. We regularly represent public companies, and their officers, directors and board committees, in responding to a wide range of issues, including allegations of financial reporting fraud, fraudulent disclosures, insider trading, FCPA violations, accounting errors, inadequate internal controls, and breaches of fiduciary duty. A number of our lawyers are former SEC attorneys AUSAs, or attorneys from other regulatory bodies, and we also collaborate with our colleagues in other highly regarded practices at the firm to put their industry-specific expertise to use when defending public companies in securities enforcement investigations. As for litigation, our engagements for public companies run the gamut—from defending securities class actions and shareholder derivative litigation to mergers and acquisitions and corporate fiduciary lawsuits.

  • Governmental Investigations, Internal Investigations, and Securities Litigation: Our attorneys have extensive experience defending public companies and related individuals in SEC, DOJ and other governmental investigations involving securities issues, conducting internal investigations and defending shareholder class actions and derivative litigation.

  • Crisis Management in Connection With Securities Matters: Securities investigations and litigation can create a multifaceted crisis for a public company. From disclosure requirements to reputational harm to collateral consequences, we have the expertise to help successfully guide clients through each issue they face.

  • Mergers & Acquisitions and Corporate Fiduciary Litigation: We have broad experience handling M&A and corporate fiduciary lawsuits, including takeover defense litigation as well as cases involving poison pills, auction processes, go-shop and no-shop clauses, and Material Adverse Change provisions in merger agreements.

Experience Highlights

  • Public company in the electronics manufacturing industry in an SEC investigation, internal investigation, NYSE proceeding, and securities class action involving a significant restatement and related financial reporting, accounting, disclosure, internal control, and insider trading issues.
  • Internet services public company in SEC, DOJ and internal investigations involving accounting, financial reporting, disclosure, and related issues.
  • Electronics solutions public company in (i) an SEC investigation involving insider trading issues; (ii) an internal investigation involving campaign finance law matters; (iii) an internal investigation involving FCPA issues; and (iv) counseling involving commercial bribery regulations, export control regulations, Regulation FD, and disclosure issues.
  • Special board committee of a financial services public company both in conducting an internal investigation involving corporate governance, internal control and financial reporting issues, and in handling related SEC, DOJ and other regulatory investigations and shareholder litigation.
  • Audit committee of a publicly held shipping company in conducting an internal investigation involving assets recorded on the company's books, data privacy issues under the GDPR and other issues, as well as handling related SEC and DOJ investigations.
  • Special board committee of an automotive public company in conducting an internal investigation involving whistleblower allegations and issues relating to securities, criminal and other laws and regulations, as well as handling a related SEC investigation.
  • CEO and chairman of a consumer finance public company in a special committee investigation relating to a shareholder demand involving disclosure, corporate governance, valuation, and other issues.
  • CFO of a senior living services public company in SEC, DOJ, state, and internal investigations, and related securities litigation, involving accounting, financial reporting, disclosure, insider trading, and related issues.
  • General counsel of an energy services public company in SEC, DOJ and internal investigations involving FCPA issues.
  • Yelp Inc. and three of its senior officers in a 10b-5 securities class action in the US District Court for the Northern District of California that involves Yelp's revision of forward-looking guidance and related disclosures.

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