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PRACTICE EXPERIENCE | SECURITIES

In securities litigation, the firm's experience includes broker-dealer and shareholder derivative cases, claims for underwriter due-diligence liability and other cases of securities fraud. It has litigated cases involving hedge funds, securitizations, swaps and other derivatives.

The Zimmett firm's small size has not prevented it from handling large cases against major firms, including Baker & McKenzie; Cleary Gottlieb Steen & Hamilton; McDermott Will & Emery; Morgan, Lewis & Bockius; Simpson Thacher & Bartlett; Weil, Gotshal & Manges; and Williams & Connolly.

In a dispute between two founders of a hedge fund, Zimmett represented his client against Debevoise & Plimpton and Hogan & Hartson in four related cases in New York and Delaware, one of which was a three-week jury trial. The court granted judgment for Zimmett’s client and the other cases settled.

In an action arising from a series of failed securitizations, Zimmett's firm processed 200,000 documents in a warehouse as part of the discovery process. To handle the workload, two of the firm's associates worked with an associate from a local law firm based near the warehouse and a few contract attorneys were retained on a temporary basis. The team created a database that easily enabled Zimmett to locate and access documents identified during the search as needed.

On behalf of a foreign client, Zimmett brought an action arising from a failed buy-back of securities against a multi-national agribusiness represented by Pepper Hamilton and a private equity firm represented by Covington & Burling. Initially, the court dismissed the action, but then reconsidered, granting Zimmett’s motion to reinstate it after which the case settled.

Zimmett has drawn upon his experience in litigating and advising on financial cases to publish a number of articles, including “When Bank Compliance Fails: Enforcing Accountability”; the oft-cited “A Primer on the ABCs of CDO Litigation”; and "ISDA Master Agreement: Can a Creditor Swipe Your Swap?", which a partner specializing in derivative transactions at a large firm in New York described to his colleagues as "required reading".


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