Securities Litigation and Enforcement

The Private Securities Litigation Reform Act imposes heightened pleading requirements, mandatory lead plaintiff procedures, automatic discovery stays, and safe harbors for forward-looking statements. It significantly increased the burden for plaintiffs to survive motions to dismiss.

Engage experienced securities counsel immediately, implement a document hold, assess the scope and focus of the investigation, evaluate privilege issues, and develop a cooperation strategy. Early engagement with the SEC staff can shape the investigation's direction.

Derivative actions are brought by shareholders on behalf of the corporation for harm to the company, while class actions assert direct claims for harm to shareholders individually. Derivative plaintiffs must typically make a demand on the board or show demand futility before proceeding.

Parallel SEC investigations and private litigation require coordinated defense strategies, careful privilege preservation, assessment of Fifth Amendment implications for individuals, and strategic decisions about cooperation and settlement sequencing to minimize overall exposure.

Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.

For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.

Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.

Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.