Jared Gerber’s practice focuses on complex commercial litigation, with a particular emphasis on securities litigation and other actions filed by shareholders. 

He also has extensive appellate experience.

Jared has frequently litigated securities claims under the Exchange Act, the Securities Act, the Investment Advisors Act, the Williams Act, state blue sky laws, and the common law in both federal and state courts, and at both the trial and appellate levels. He also regularly represents corporations, financial advisors, officers, and directors in M&A, shareholder derivative and general commercial litigation.

Jared joined the firm in 2007 and became a partner in 2016.

Notable Experience

Securities and M&A Litigation

  • Petrobras in a historic securities fraud class action and dozens of related individual actions in the U.S. District Court for the Southern District of New York, including obtaining significant dismissal decisions concerning the extraterritoriality of the securities laws and securing favorable settlements of the remaining claims

  • trivago in obtaining the dismissal with prejudice of a securities class action in New York related to the company’s disclosures concerning its search algorithm

  • Sky Solar and several current and former officers and directors in obtaining the dismissal of a securities class action related to alleged unauthorized transactions entered into by former CEO

  • OPKO Health, Inc. in a number of securities class actions, shareholder derivative actions, and related class actions in Israel concerning an alleged pump-and-dump scheme

  • Allergan and several of its officers in a securities class action concerning alleged misstatements concerning the safety of its breast implants

  • Synchrony Financial and several of its officers and directors in a securities class action and related shareholder derivative litigation concerning its underwriting standards and relationships with key partners

  • Numerous financial advisors in litigation arising out of proposed and completed merger transactions

  • OneMain Holdings and several of its officers in obtaining a favorable settlement of a putative class action challenging disclosures concerning integration efforts following a large acquisition

  • Barclays in securing the dismissal of an action filed in New York State Court by an investor in collateralized debt obligations

  • Countrywide Financial in obtaining the dismissal of three securities actions brought by hedge funds that purchased securities issued before the financial crisis

  • Bank of America and Merrill Lynch in numerous securities actions filed across the country in connection with the issuance and underwriting of mortgage-backed securities.

  • Atlantic Power Corporation in obtaining the dismissal of all claims asserted in a securities fraud class action filed in the District of Massachusetts.

  • The underwriters of Bankrate securities in obtaining a favorable settlement of a putative class action concerning allegedly inflated earnings 

  • 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 U.S. Supreme Court and the 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.

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General Commercial Litigation

  • Lowe’s in litigation arising out of a lease dispute concerning a potential store in Queens, New York

  • Robert Bosch GmbH and Robert Bosch LLC in multidistrict diesel emissions litigation involving other a number of vehicle manufacturers

  • The UAW in obtaining a favorable settlement of claims in the bankruptcy of The Budd Company, Inc.

  • Union Carbide Employee Pension Plan in an ERISA action against MetLife in Michigan federal court

  • BNP Paribas in a lawsuit in New York Supreme Court concerning a derivatives trading fraud perpetrated by European and Caribbean co-conspirators

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Appellate Litigation

  • Petitioners in California Public Employees’ Retirement System (CalPERS) v. ANZ Securities Inc. et al., in obtaining a landmark ruling from the U.S. Supreme Court holding that class-action tolling does not apply to the Securities Act’s statute of repose, which affirmed the absolute nature of statutes of repose for securities issuers and underwriters, as well as corporate officers and directors, and provided defendants with greater certainty about the scope of potential opt-outs from securities class actions.

  • Petrobras in securing a first-of-its-kind decision from the Second Circuit vacating the certification of a securities class action for failure to consider whether individualized questions concerning the extraterritorial application of the federal securities laws predominated over common issues 

  • ING in successfully arguing before the Second Circuit for the affirmance of the dismissal of Securities Act claims brought on behalf of investors in three separate offerings of securities

  • Amici, including SIFMA, the Chamber of Commerce, the Society for Corporate Governance, and former SEC commissioners, in numerous cases on appeal before the U.S. Supreme Court and the Second, Third and Ninth Circuits, concerning securities law issues, including omission liability under Section 10(b), statutes of repose, class-action tolling, class-action standing, and the fraud-on-the-market doctrine

  • The petitioner in Gabelli v. SEC before the United States Supreme Court, establishing that the general federal statute of limitations applicable to governmental civil penalty claims did not incorporate a discovery rule.

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Selected Activities

Member, Securities Litigation Committee, New York City Bar Association

Member, Editorial Advisory Board, Law360

Publications

Events