Securities Litigation

Ms. Berkowitz litigates complex securities matters in trial and appellate courts throughout the country. Representative examples include:

Merrill Lynch Pierce Fenner & Smith, Inc. v. Manning [Read more here]
In May 2016, the firm prevailed before the U.S. Supreme Court in this important securities jurisdiction case. We represent a group of investors who sued several major financial institutions in New Jersey state court for violations of New Jersey law. The suit alleges that the defendants’ illegal practices precipitated a loss of over $800 million in shareholder value. Led by Merrill Lynch, the financial institutions argued that the federal securities laws prevented plaintiffs from suing in state court. The Court adopted one basis for affirmance of the decision below advanced by our firm (Our Brief | Opinion). Ms. Berkowitz took the lead in crafting a persuasive narrative of the case.

Schueneman v. Arena Pharmaceuticals, Inc. [Read more here]
Ms. Berkowitz led the briefing on appeal in this high-profile, 9-figure securities fraud class action against a publicly traded pharmaceutical company and its executives. In a unanimous 3-0 decision, the Ninth Circuit reversed the district court’s decision dismissing the case with prejudice. The SMLLP team successfully argued that defrauded investors do not need to have a “smoking gun” to hold companies liable for misleading conduct

Jiang v. Federal Insurance Co.
Our firm was retained to seek a preliminary injunction in New York state court that would require a D&O insurance carrier to advance $5 million to a policyholder facing federal criminal charges. Ms. Berkowitz took the lead on briefing (Our Complaint | Our Motion | Our Reply) and she argued the preliminary injunction motion in the Commercial Division of New York Supreme Court.