The securities litigators at Cleary Gottlieb Steen & Hamilton in New York ‘are focused solely on winning'. The practice, which includes former SEC personnel and federal prosecutors, frequently handles Rule 10b-5 claims and other securities fraud cases, and its experience includes defending Petrobras in the largest securities class action of the last ten years. Practice head Roger Cooper is highly regarded by both peers and clients. He recently worked with key partner Jared Gerber to defend pharmaceutical company Allergan in a case concerning alleged misstatements and omissions concerning the health risks associated with certain breast implant products, securing a rare victory on summary judgment. Up-and-coming partner Mark McDonald is increasingly visible in high-profile cases. He recently worked with Victor Hou on the defense of Brazilian engineering and construction conglomerate Odebrecht S.A. in two private securities actions concerning a bribery scandal that resulted in a guilty plea and $2.6bn settlement with the United States Department of Justice as well as settlements with other foreign governments.

Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

  • 'Cleary excels at high-profile securities litigation - often with an international component. The firm has a strong group of securities litigators. Cleary as a firm has a significant international presence; and the ability of its securities litigators to handle complex cases, which frequently have cross-border implications, stands out. Over the years, I have worked with Cleary on securities class actions (we represented different defendants) and seen the strength of the firm's legal strategy, briefing, and oral argument.'

  • 'Roger Cooper, who leads Cleary's securities litigation practice, is excellent. His knowledge of securities litigation, as well as his work - legal strategy, briefing, and oral argument -- is top-shelf. He consistently serves as the lead partner on high-profile, complicated, challenging cases that often make headlines in the legal (and broader) press. In addition, Roger is very collaborative. As I mentioned above, I have worked with Cleary, and Roger specifically, on securities class actions. In those cases, Roger has worked very well with other defense counsel, including me, taking an inclusive approach to litigation. That makes him different from many other securities litigators.'

  • ‘Cleary's securities litigation team has been consistently outstanding for at least the past 20 years, with each generation of leaders training the next one. They work collaboratively among themselves and co-defense counsel, know what they are doing and are focused solely on winning, with the least amount of muss and fuss. They do great work.’

  • ‘In recent years I have worked primarily with Roger Cooper, Cleary's team leader. He is knowledgeable, collaborative, engaged and a genuine pleasure to work with.’

  • 'The team is very experienced and knowledgeable, demonstrates great strategic insight and has a strong execution.'

  • 'Roger Cooper and Lina Bensman stand out.'

Key clients

  • Allergan
  • Assured Guaranty
  • Bed Bath & Beyond
  • Brad Garlinghouse
  • Compass Minerals
  • Goldman Sachs
  • International Flavors & Fragrances Inc.
  • Juul Labs, Inc.
  • National Amusements, Inc.
  • Odebrecht S.A.
  • Petrobras
  • Polychain Capital
  • Ryanair
  • Synchrony Financial
  • T-Mobile
  • Two Sigma Securities, LLC
  • Vale S.A.

Work highlights

  • Representing Allergan plc and several of its former officers and directors in a securities class action brought in the U.S. District Court for the Southern District of New York alleging that the company made misstatements and omissions concerning the health risks associated with certain breast implant products, and the media coverage of the decision recognized it was a “rare” defense victory on summary judgment, given that so few securities class actions even make it to the summary judgment stage and the ones that do often present disputed factual issues.
  • Counsel to Assured Guaranty in an action brought by Lehman Brothers International (Europe) (“LBIE”) in New York state court, in which LBIE originally sought US$1.4 billion based on allegations that AGFP improperly calculated the settlement amount upon termination of numerous credit default swaps (“CDS”) subject to an ISDA Master Agreement, and AGFP asserted counterclaims for breach of contract.
  • Represented Bed Bath & Beyond Inc. and its CEO Sue Gove in defending against a putative securities class action filed in the U.S. District Court for the District of Columbia, alleginging a leader of the meme-stock movement, Ryan Cohen engineered a “pump and dump” scheme by encouraging retail investors on social media to purchase shares of the company in order to generate short-term profits for himself at their expense.

Lawyers

Leading lawyers
The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.

Practice head

The lawyer(s) leading their teams.

Roger Cooper

Other key lawyers

Jared Gerber, Victor Hou, Mark McDonald, Lina Bensman