Latham’s Short Seller Response team draws on our vast experience representing public companies to quickly identify, understand, and neutralize short sellers. We know how short sellers think, the tactics used in their attacks, and how to respond.
Companies facing short seller attacks need a rapid, coordinated, and informed response. We advise companies and their boards of directors on internal and external approaches that are real-time and effective. We also partner with market-leading investor relations firms to coordinate responses to short seller reports and help companies implement litigation and regulatory response strategies to go after short sellers where appropriate.
A short seller attack is designed to create chaos and confusion, so we bring focus and clarity to the table. Our top-ranked Shareholder Activism & Takeover Defense team coordinates corporate, litigation, and regulatory capabilities, creates a rapid response for your investors, acts as counsel to your board of directors, and opens up communications with regulators as needed.
Our team of nationally recognized Securities Litigation & Professional Liability lawyers brings a well-honed strategic view to short seller attacks, including a strong track record of obtaining early dismissal of securities fraud claims associated with short attacks. When appropriate, our White Collar Defense & Investigations Practice, with a formidable roster of experienced defense lawyers, represents boards, audit and special committees, and management teams in spearheading robust internal investigations that may arise in response to reported allegations by a short seller. Latham quickly assembles a team of lawyers with relevant substantive experience to devise and implement the appropriate strategy to minimize both the short attack the potential resulting risks.
Latham’s National Office in Washington, D.C. provides insights of former Securities and Exchange Commission (SEC) officials at a moment’s notice to advise on regulatory implications and enforcement actions and, if necessary, our renowned litigators are at the ready with aggressive, strategic support.
Former federal prosecutors can also assist with engagement with the Department of Justice (DOJ) and other enforcement agencies and in connection with complaints raised by short seller reports.
Leading companies and global market leaders need to know what to expect and how to prevail when investigations arise involving the Federal Trade Commission (FTC), the DOJ, the Internal Revenue Service (IRS), and the SEC. From long experience and with a practical knowledge of government and regulatory policy, decision making, enforcement practices, and personnel, Latham lawyers have the judgment and insight necessary to develop a strategy for the specific needs of each matter and each client.
Short attacks are incredibly fast-moving situations. Our response is just as immediate. We know what works with the media and shareholders, when to escalate, and how to establish board processes to create records that withstand scrutiny. We also know what doesn’t work, and provide strategies that avoid common pitfalls to keep companies on firm footing. Latham’s top-ranked practice has led short response campaigns against many of the major short sellers across the market, including:
Our team mobilizes Latham’s full set of resources when and where you need them, providing a comprehensive and robust defense for your organization.
Firm earns multiple recognitions as a leader in shareholder activism defense.
Shareholder Activism & Takeover Defense Practice recognized in The Deal’s “Who’s Helping Whom” report, global activism league tables, and The Legal 500.
Firm recognized as top advisor in Bloomberg’s H1 2023 global activism league tables.