Partner Michael H. Rogers and Associate Stephen C. Boscolo examine the scope of the Private Securities Litigation Reform Act (PSLRA) discovery stay and the avenues for fact-finding available to securities plaintiffs before defeating a motion to dismiss in their article, “Staying the Course: What Fact-Finding a Plaintiff Can Conduct During the PSLRA Discovery Stay,” published by @NYLawJournal.
While the PSLRA generally stays discovery pending resolution of a motion to dismiss, the authors explain that courts have permitted informal investigations, statutory public-record requests, and, in certain circumstances, discovery requests involving willing third parties. Drawing on relevant court decisions, Michael and Stephen discuss how courts distinguish permissible fact-finding from compelled discovery and how plaintiffs can continue investigating their claims while observing the stay’s restrictions.
The authors identify a practical question for assessing whether fact-finding constitutes “discovery” barred by the PSLRA: “Is the plaintiff compelling information other than public records using the authority and processes of a court?”
Read the full article here: labaton.com/news-insights/st…
#PSLRA #DiscoveryStay #Securities #Litigation #NewYorkLawJournal
As a trusted leader helping institutional investors safeguard their investments by recovering assets lost to securities fraud, Labaton Keller Sucharow is proud to support the International Foundation of Employee Benefit Plans (@IFEBP)'s 72nd Annual Employee Benefits Conference, taking place October 25–28, 2026, in New Orleans, Louisiana.
Visit us at Booth 300 to learn how our work is making a difference for institutional investors.
The IFEBP Annual Conference offers a dynamic platform for learning, featuring expert-led sessions, peer networking, and strategic insights.
Learn more here: ifebp.org/education---events…
#IFEBP #Pensions #Securities #Litigation #PortfolioMonitoring #IFAnnual
Meaningful, predictable awards encourage whistleblowers to report misconduct and help regulators protect investors and markets.
In @BLaw, Labaton Keller Sucharow’s Allison Herren Lee, Andrew Feller, and David Saldamando examine the CFTC’s decision to reduce certain whistleblower awards because of their size. They explain how that approach could discourage reporting and undermine enforcement.
Emphasizing the importance of predictable financial incentives for individuals weighing significant personal and professional risks, the authors explain: “The promise of meaningful financial rewards is the engine that drives whistleblower reporting, and that engine can’t run on uncertainty.”
Read the full article here: labaton.com/news-insights/re…
#WhistleblowerAwards #WhistleblowerRepresentation #BloombergLaw #CFTC #SEC
Associate Jean-Marc Appolon spoke with amNewYork about his work protecting consumers’ personal information, the experiences that shaped his career, and the privacy challenges created by emerging technologies.
As a member of the Firm’s Alternative Dispute Resolution practice, Jean-Marc draws on his cybersecurity and privacy background to investigate how companies collect, track, and share consumer information. He examines whether their practices comply with the law and their stated privacy policies and pursues claims on behalf of consumers when companies fall short.
His commitment to privacy extends beyond his legal practice. Jean-Marc serves as co-chair of the New York City Bar Association’s Privacy, Technology and Cybersecurity Committee. Through his alma mater, New York Law School, he also provides pro bono support to nonprofits, museums, and other small organizations, helping them develop privacy policies and cybersecurity incident response plans.
“It’s really using my background in cybersecurity and privacy to find companies that are breaking the law and moving forward with claims against those companies for breaking the law, as well as protecting consumer protection policies,” he said.
Read the full profile here: amny.com/law/data-privacy-cy…
#amNewYork #Cybersecurity #DataPrivacy #ConsumerProtection #MassArbitration
Of Counsel Andrew Feller spoke with Big4News about the future of U.S. audit oversight and the critical role auditor whistleblowers play in exposing misconduct and protecting investors.
Drawing on his 15 years at the SEC, Andrew discussed how shifting regulatory responsibilities could leave gaps in auditor accountability and how restrictive whistleblower rules can make reporting ongoing misconduct difficult.
Read the full interview here: labaton.com/news-insights/of…
#WhistleblowerRepresentation #InvestorProtection #SEC #PCAOB
As law firm leadership responsibilities expand, how can leaders focus their attention where it matters most?
In an article published by @Law360, “7 Ways Legal Leaders Can Foster Firmwide Stewardship,” Labaton Keller Sucharow Chairman Eric J. Belfi explores how leaders can guide growth, develop talent, strengthen client relationships, and preserve culture while building teams empowered to lead.
Drawing on his experience leading an international plaintiffs firm, Eric offers seven practical principles for making thoughtful investments, encouraging constructive challenge, and building an institution whose strength extends beyond any individual leader.
Read the article: labaton.com/news-insights/ch…
#LawFirmLeadership #Stewardship #LeadershipDevelopment #Law360
On October 16, 2026, Partner Jonathan D. Waisnor will speak at the 2026 Complex Litigation Ethics Conference at UC Law San Francisco. The fifth annual conference brings together judges, attorneys, and other legal professionals to examine pressing ethical issues in complex litigation.
During the panel, “The Ethics of Arbitration: Is Evading the Legal Merits Improper?,” Jonathan will discuss how mass arbitration can advance access to justice when mandatory arbitration clauses make individual claims seemingly impractical to pursue.
Learn more here: litigationethicsconference.o…
#ComplexLitigationEthics #ADR #MassArbitration #ConsumerProtection #LegalEthics
On October 8, 2026, Senior Counsel Allison Herren Lee will lead a fireside chat at @ICCRonline's 2026 Annual Event, “Resilience Through Responsibility: What Does Good Corporate Governance Look Like in Uncertain Times?”
Allison, a former SEC Acting Chair and Commissioner, will discuss the challenges corporations face in a shifting policy environment and how institutional investors committed corporate responsibility can navigate these dynamics to support good governance.
Learn more here: iccr.org/events/
#ICCR #InstitutionalInvestors #CorporateResponsibility #WhistleblowerRepresentation
Partner Lauren A. Ormsbee and Associate Jacqueline E. Lacovara are the authors of our latest Investor Alert, “Forced Arbitration One Year After the SEC Reversed Course.” In this alert, Lauren and Jacqueline examine how the SEC’s September 2025 policy statement allowing IPOs to feature mandatory arbitration provisions has impacted IPO filings and investors over the past year.
Although the SEC’s policy shift has reversed decades of precedent and opened the door for companies to require investors to resolve claims through arbitration rather than in federal courts, the expected rush toward private arbitration has not materialized. The authors highlight that of the 330 IPO filings submitted since the SEC’s policy shift, only one company, SpaceX, has included a forced arbitration provision in its registration statement, and this is generally viewed as an outlier. As they note, most boards “appear unwilling, at least for now, to leave the federal court system or risk alienating investors,” as forced arbitrations undermine the crucial role private lawsuits have played in enforcing securities laws since the passage of the PSLRA in 1995.
Lauren and Jacqueline emphasize that, for investors, the practical takeaway is straightforward: While mandatory arbitration has not yet become common, it is now an option, and investors should “review IPO documents for provisions that require arbitration or restrict class claims.”
Read the Investor Alert here: labaton.com/news-insights/al…
#SEC #ManditoryAbritration #InvestorAlert #IPO
Of Counsel Andrew Feller recently spoke with Global Investigations Review about how the expansion of whistleblower reward programs has intensified the race between companies and potential whistleblowers to report misconduct, placing increased pressure on companies to investigate complaints and determine whether to self-report.
In recent years, efforts to encourage individuals who witness corporate wrongdoing to come forward have expanded. Newer initiatives, including the Department of Justice Antitrust Division’s whistleblower program, are emerging to supplement whistleblower rewards programs offered by the Securities and Exchange Commission and Commodity Futures Trading Commission. At the same time, renewed enforcement priorities under the False Claims Act have contributed to increased whistleblower activity involving federal benefits and healthcare fraud. With whistleblowers potentially eligible to receive 10-30% of the funds recovered through a successful enforcement action, and companies eligible to receive substantial credit for voluntarily cooperating with regulators, these programs are influencing how both parties respond to potential malfeasance.
As employees are given more avenues to report misconduct, companies face a difficult balancing act of encouraging open internal dialogue without restricting the rights of employees to report wrongdoing to regulators. Andrew cautioned that internal reporting processes may fall short when individual complaints are treated as isolated compliance matters rather than indicators of a broader issue rooted in the company’s culture. Companies “often have the best of intentions of finding out if something’s wrong,” he explained, but “it’s very difficult for a company to address cultural issues through an internal whistleblower process.”
Against this evolving landscape, Andrew explained that companies are increasingly feeling the pressure to complete investigations and self-report potential misconduct, “even if they might otherwise view them as not rising to the level of being worth reporting to the government.”
Read the full article here: globalinvestigationsreview.c… and law.com/nationallawjournal/2…
On October 5, 2026, Partner Guillaume Buell will speak on “Shifting Tides at the SEC: Implications for Institutional Investors” at MAPERS’s Fall 2026 Conference, an annual event dedicated to exploring the key issues shaping the public pension landscape.
During this timely session, Guillaume will examine what recent policy and enforcement developments at the SEC mean for institutional investors. He will address how the agency’s evolving priorities may reshape securities class actions and investor protection, with a focus on market oversight, corporate disclosure, and securities enforcement.
Learn more here: mapers.org/general/custom.as…
#SEC #Securities #Litigation #InstitutionalInvestors #PublicPensions
On September 23, 2026, Of Counsel Andrew Feller will be a featured speaker on Ropes & Gray’s panel “Government Investigations & the False Claims Act: Understanding the Whistleblower’s Perspective and the New Era of Enforcement.”
Co-moderated by Ropes & Gray Partners Joshua Levy and JR Drabick, Andrew will examine how whistleblower claims originate, develop, and reach regulators, as well as the changing enforcement landscape, including the expansion of federal and state incentive programs and emerging agency priorities. He will also offer practical guidance on internal reporting and investigations, responding to whistleblower complaints, and mitigating reputational, litigation, and organizational risk.
Learn more here: ropesgray.com/en/news-and-ev…
#WhistleblowerRepresentation #FalseClaimsAct
On October 7, 2026, Partners Carol C. Villegas and Lauren A. Ormsbee will discuss “AI and Institutional Investors: Litigation, Proxy Voting, and Regulatory Trends” as part of Investment & Pensions Europe’s webcast series. As the role of AI in the institutional investor landscape continues to evolve, this timely session will examine key issues, including securities litigation risks such as “AI washing,” the impact of AI on proxy voting, and the rapidly developing regulatory environment.
Carol and Lauren will be joined by Beata Gocyk-Farber, Lead Litigation Counsel at Norges Bank Investment Management. Together, they will offer practical insights into how investors can navigate AI-related challenges while capitalizing on emerging opportunities in AI-driven markets.
Learn more and register for the webcast here: brighttalk.com/webcast/2163/…
#IPE #InstitutionalInvestors #ArtificialIntelligence #AI #Litigation #Securities #ProxyVoting
Labaton Keller Sucharow was honored to support the 2026 @FDNYFoundation Dinner, an annual fundraising event that has helped the Foundation raise millions of dollars in support of the FDNY’s mission and initiatives. Funds raised advance fire and life safety education while providing Department members with professional development and state-of-the-art equipment.
As New Yorkers, we are proud to stand alongside the FDNY Foundation in supporting the vital work of the FDNY to protect the lives and property of residents and visitors throughout New York City.
#FDNYFoundation #FDNY
Congratulations to Chairman Eric J. Belfi and Partners Michael P. Canty, Alfred L. Fatale III, Jonathan Gardner, Lauren A. Ormsbee, Carol C. Villegas, and Ned Weinberger on being named to the 2027 @Lawdragon500 Leading Litigators in America guide.
The annual guide recognizes accomplished advocates across the nation. As Lawdragon writes, those selected “excel at the art of advocacy before juries, judges and other decision makers on behalf of their clients.”
We are proud to see our attorneys once again recognized among this distinguished group. The honor reflects their commitment to excellence, skilled advocacy, and pursuit of meaningful results for our clients.
labaton.com/news-insights/la…
#Lawdragon #LeadingLitigators #SecuritiesLitigation #ShareholderRights #Litigation
On September 24, 2026, Partner Jonathan D. Waisnor will speak on “Evolving Arbitration Issues and Class Action 2026 Updates” at PLI’s 31st Annual Consumer Financial Services Institute, an engaging annual program examining key developments and emerging trends shaping the legal and regulatory landscape of the consumer financial services industry.
During the session, Jonathan will discuss mass and individual arbitration, evolving challenges to the enforceability of arbitration agreements, and the potential implications of recent judicial decisions. He will also examine the increasing use of individual arbitration compared with class actions, as well as recent developments in class certification and settlements.
Learn more here: pli.edu/programs/consumer-fi…
#MassArbitration #ADR #PLI #ConsumerFinancialServices
Lawdragon interviewed Senior Counsel Allison Herren Lee and Of Counsel Andrew Feller about their distinguished careers at the SEC and the launch of Labaton Keller Sucharow’s Whistleblower Representation Practice, which they co-chair. Allison previously served as SEC Acting Chair and Commissioner, while Andrew served as Senior Counsel in the SEC’s Division of Enforcement.
In the interview, Allison and Andrew explore the critical role whistleblowers play in advancing investor protection as “partners in law enforcement,” the challenges individuals face when reporting misconduct, and the benefits of having experienced counsel to guide and protect whistleblowers throughout the process.
They also discuss how their decades of experience at the SEC inform the guidance they provide and why whistleblowers are more valuable than ever amid an evolving enforcement landscape. Drawing on their extensive regulatory and enforcement experience, Andrew notes that “there's a lot of scrutiny on whistleblowers” in the current environment. “It’s more important than ever to provide a port in the storm for them,” Allison explains.
Allison and Andrew look forward to building a world-class practice at Labaton dedicated to protecting whistleblowers, advancing corporate accountability, and strengthening the integrity of the financial markets. The new practice builds upon the Firm’s more than 60 years of experience championing the rights of investors.
Read the full interview: labaton.com/news-insights/la…
#WhistleblowerRepresentation #SEC #Securities
Congratulations to Partner Michael P. Canty on being named a finalist for Litigator of the Year by The @AmericanLawyer's 2026 Industry Awards. These annual awards highlight the legal industry’s most impactful and important work of the past year.
Michael is recognized for his outstanding accomplishments as a litigator and impact on the plaintiffs’ bar. As Co-Chair of the Firm’s Consumer Protection and Data Privacy Practice and a Securities Litigation Team Leader, he delivered a landmark data privacy verdict in a groundbreaking jury trial and secured several of the most significant recoveries announced in 2025 and 2026.
The winners of the 2026 Industry Awards will be announced at the awards ceremony on November 12, 2026, in New York City.
labaton.com/news-insights/pa…
#TheAmericanLawyer #TheAmericanLawyerIndustryAwards #Securities #ConsumerProtection #DataPrivacy #Litigation
On September 16, 2026, Partner James T. Christie will be a featured panelist on the @NCTRtalk's webinar, “Securities Litigation Oversight: A Trustee’s Governance Role.”
Moderated by NCTR Director of Federal Relations Leigh Snell, the webinar will offer trustees a practical framework for understanding the key stages of securities litigation and the roles their funds may play. The panel will explore the questions trustees should ask throughout the litigation process to help ensure that their funds’ strategies remain aligned with their fiduciary obligations, governance responsibilities, and long-term interests.
Read more here: us02web.zoom.us/webinar/regi…
#Securities #Litigation #Governance #FiduciaryResponsibility



















