Jared Gerber

Overview

Jared Gerber focuses his practice on complex commercial litigation and is recognized as a leading lawyer for securities litigation. Corporations, financial advisors, officers, and directors rely on Jared to protect their business interests in securities fraud, M&A, shareholder derivative, and general commercial litigation. He has extensive experience successfully litigating securities claims under the Exchange Act, the Securities Act, the Investment Advisers Act, the Williams Act, state blue sky laws, and the common law in both federal and state courts at the trial and appellate levels.

Results

Obtained a rare grant of summary judgment on multiple grounds in a securities class action concerning alleged misstatements about the safety of Allergan’s breast implants, as well as an earlier denial of a class certification motion, on behalf of Allergan and several of its officers*
Obtained the dismissal of a putative securities class action arising out of meme stock trading on behalf of the CEO of Bed Bath & Beyond*
Represented Petrobras in a historic securities fraud class action and dozens of related individual actions, obtaining significant dismissal decisions concerning the extraterritoriality of the securities laws and securing favorable settlements of the remaining claims*

Secured the dismissal in significant part of a securities class action concerning underwriting standards and relationships with key partners on behalf of Synchrony Financial and several of its officers and directors*
Obtained the dismissal of all claims asserted against Polychain in multiple securities class actions concerning digital assets, including a putative class action alleging that a cryptocurrency offering was an unregistered security*
Defended Two Sigma Securities in a putative class action alleging Robinhood breached its duty of best execution to customers*
Obtained the dismissal with prejudice of a securities class action related to the company’s disclosures concerning its search algorithm on behalf of Trivago*
Achieved a favorable settlement of a number of securities class actions, shareholder derivative actions, and related Israeli class actions concerning an alleged pump-and-dump scheme on behalf of OPKO Health, Inc.*
Represented amici – including SIFMA, the Chamber of Commerce , the Society for Corporate Governance, the Bank Policy Institute , and former SEC commissioners – in numerous cases on appeal before the Supreme Court and the US Court of Appeals for Second, Third, and Ninth Circuits, as well as in district courts, concerning securities law issues, including omission liability under Section 10(b), statutes of repose, class-action tolling, class-action standing, the scope of liability for Rule 144A offerings, whether syndicated loans are securities, and the fraud-on-the-market doctrine*
Obtained a landmark ruling from the Supreme Court holding that class-action tolling does not apply to the Securities Act’s statute of repose, on behalf of dozens of financial institutions that underwrote Lehman Brothers securities in California Public Employees’ Retirement System (CalPERS) v. ANZ Securities Inc. et al.*
Prevailed before the Supreme Court in Gabelli v. SEC, establishing that the general federal statute of limitations applicable to governmental civil penalty claims did not incorporate a discovery rule*