ALEX KAPLAN has developed a distinguished nationwide practice representing clients in high stakes litigation and threatened disputes, with a particular focus on securities litigation, litigation relating to mergers and acquisitions, corporate governance issues, proxy contests and board committee investigations. Alex represents financial institutions, private equity firms, hedge funds, accounting firms, corporations and individuals in a range of matters, and his experience has included lawsuits concerning Enron, WorldCom, stock options backdating, auction rate securities, mortgage-backed securities, sales practices concerning derivative instruments, the intersection between best execution, payment for order flow and high frequency trading, as well as “stock drops” following restatements and other events. Further, Alex has in-depth experience representing clients in a wide variety of mutual fund-related matters, including excessive fee actions arising under the Investment Company Act of 1940, disclosure actions under the 1933 and 1934 Acts and in connection with responses to shareholder demands on mutual fund boards.
Alex also routinely represents clients in a variety of commercial cases, including contractual disputes, bankruptcy and insolvency issues, real estate matters and insurance products. Alex additionally represents clients in connection with regulatory investigations, including by the SEC, FINRA, the Department of Justice/U.S. Attorneys’ offices and state regulators. Such issues have involved, for example, the use of “expert networks,” the dissemination of equity research, sales practices and disclosure. Alex regularly counsels private equity firms and hedge funds on risk and diligence issues.
Alex’s advocacy on behalf of clients has earned him acknowledgment in industry publications. He is recommended by The Legal 500 in Financial Services: Litigation and was named by New York Super Lawyers magazine to its Rising Stars list.
Alex’s experience includes serving as lead or co-lead counsel for clients in the following matters:
- Multiple retail brokers in putative class actions alleging securities fraud concerning best execution, payment for order flow and high frequency trading
- Mutual fund distributor and underwriter in lawsuits arising out of the spike in the CBOE Volatility Index (VIX)
- Investment bank in connection with lawsuits relating to M&A transactions
- Private equity firm in connection with lawsuits relating to a going private transaction
- Broker-dealer in a putative securities class action concerning purported misstatements regarding the sale of structured products to brokerage customers
- Mutual fund advisor in actions asserting violations of Section 36(b) of the Investment Company Act of 1940 based on allegations that it received excessive compensation from traditional mutual funds and funds of funds
- Large financial institution in individual actions brought by the FDIC, a Texas pension fund, and a Federal Home Loan Bank in connection with offerings of mortgage-backed securities
- Company and its officers in a putative shareholder class action litigation alleging violations of the federal securities laws arising from purported false and misleading statements, which allegedly resulted in the artificial inflation of the value of the company’s securities
- Insurance company in numerous court and arbitration proceedings arising from disputes concerning insurance contracts
- Financial institution in an adversary proceeding brought by the trustee of a REIT concerning a master repurchase agreement
- Underwriters in securities lawsuits alleging misleading statements in offering materials for debt and equity securities
- Investment funds in adversary proceedings in the Lehman Brothers bankruptcy concerning priority of payment provisions in credit default swap agreements
- Large financial institution in securities fraud action brought by institutional investor in auction-rate securities issued by a CDO
- Close-end mutual funds and officers in putative class action alleging securities fraud claims based on misleading disclosures
- Multiple broker-dealers in FINRA arbitrations concerning suitability issues relating to derivative instruments or Puerto Rican bonds