Securities Litigation

Securities Litigation

Bottini & Bottini, Inc. has an established history of protecting investors who have been harmed by corporations and executives which have violated the securities laws or fiduciary duties. Bottini & Bottini, Inc. can protect your interests as an investor, whether you have lost money in the stock market or wish to pursue damages against corporate executives who have engaged in wrongdoing. Bottini & Bottini, Inc. can protect your rights through the filing of either a class action lawsuit or a shareholder derivative lawsuit.

There are two types of class action securities lawsuits relevant to your interests as a shareholder. The first type of case is a fraud case and the second type of case is one intended to maximize the value you receive for your stock in a merger or acquisition.

1. Class Action Securities Fraud Cases: In this type of case, a lawsuit filed on behalf of an individual who has lost money investing in the stock or bonds of a publicly-traded company. If you lost money investing in the company’s stock or bonds, and your loss was caused by fraud at the company, you have the right to file a lawsuit under the federal securities laws to attempt to recover your loss. If you would like to discuss your rights under the federal securities laws, please contact Frank A. Bottini at or (858) 914-2001 for a free consultation.

2. MERGERS AND ACQUISITIONS: Do you own stock in a company that is subject to a merger or takeover offer? Investors do not always receive fair value for their stock when another company wants to acquire their stock through a merger or tender offer. If stock you own is subject to a merger or tender offer proposal, you have the right to receive FAIR MARKET VALUE for your stock. Fair market value can sometimes be higher than the price at which a company is offering to acquire your stock. Do not assume that you will receive fair value for your stock. The company offering to buy your stock has its own interests at heart, not yours. It is motivated to acquire your stock at the cheapest price possible, while obviously you are interested in receiving the highest price. You also have the right under both federal and state law to have all material financial information disclosed to you prior to the time you cast your vote on the proposed merger or acquisition. Bottini & Bottini, Inc. can help you ensure that you receive a fair price for your stock and that all material financial information is disclosed to you. If you would like to discuss your rights as an investor in the context of a merger, tender offer, or other proposed acquisition, please contact Frank A. Bottiniat or (858) 914-2001 for a free consultation.

A SHAREHOLDER DERIVATIVE LAWSUIT is not technically a 'class action' but is a representative action. It is a lawsuit filed on behalf of a shareholder of a publicly-traded corporation. It names as defendants culpable executives and directors of the company who have engaged in wrongdoing and thereby subjected the company to damages, loss of market capitalization, and/or federal and state governmental investigations. You may have the right as a current shareholder of such a company to sue the officers and directors of the company to attempt to recover damages against such executives and directors. If you are successful, the money is paid back to the company. Thus, in a derivative lawsuit, the shareholder does not recover money damages directly, but does potentially benefit the corporation in which the shareholder has an ownership interest. Thus, shareholder derivative lawsuits provide a potent weapon to protect the companies in which investors have placed their hard-earned cash in the hope of earning long-term returns. If you would like to discuss your rights as a current shareholder in a publicly-traded corporation to bring a derivative lawsuit, please contact Frank A. Bottini at or (858) 914-2001 for a free consultation.

As the Supreme Court of the United States has noted, private class actions provide "'a most effective weapon in the enforcement of the securities laws and are 'a necessary supplement to [SEC] action.'" Bateman Eichler, Hill Richards, Inc. v. Berner, 472 U.S. 299, 310 (1985) (quoting J.I. Case Co. v. Borak, 377 U.S. 426, 432 (1964)). As the United States Court of Appeals for the Third Circuit has observed, the "effectiveness of the securities laws may depend on large measure on the application of the class action device." Eisenberg v. Gagnon, 766 F.2d 770, 785 (3d Cir. 1985).

Bottini & Bottini, Inc. has extensive experience in class action securities litigation. Please see our firm resume for details about our experience and credentials.

If you are aware of or suspect any practices that are or may be in violation of the securities laws or of fiduciary duties to a corporation's shareholders, occurring now or at some time in the past, please visit our report a fraud page.