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

Jared has frequently litigated claims under the Securities Act, the Exchange 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.

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

Notable Experience

  • 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 a securities fraud class action and dozens of related individual actions in the U.S. District Court for the Southern District of New York.

  • Over 40 domestic and international banks that underwrote securities issued by Lehman Brothers in the 18 months prior to its collapse, resulting in a $417 million settlement of a class action arising out of the Lehman offerings, the dismissal of approximately 10 opt-out cases, and the settlement of the remaining cases.

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

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

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

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

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

  • 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.

  • Amici, including SIFMA, the Chamber of Commerce and the Society for Corporate Governance, 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 and the scope of liability for Rule 144A offerings.

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