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Joseph E. Floren

Partner

With a focus on corporate and securities litigation, Joseph E. Floren defends clients facing class and derivative actions. He represents securities broker-dealers, investment managers, and other financial services companies and professionals throughout every aspect of litigation and related regulatory issues. In addition to his trial practice, Joseph represents securities industry clients and issuers of securities in investigations and enforcement proceedings before US federal and state securities regulators and self-regulatory organizations. His clients include public companies, banks, and securities firms.

Extended Profile

Joseph has tried more than 20 cases to verdict or award before courts, juries, and arbitrators. As lead trial counsel, he successfully defended a financial services company in the jury trial of a $301 million intellectual property claim that ended in a defense verdict after five weeks of trial. Joseph also obtained a dismissal with prejudice for another financial services client facing a class action relating to mutual fund disclosures and sales practices claims.

selected representations

  • In Hussey v. Ruckus Wireless, Inc. (N.D. Cal. 2017), the district court granted with prejudice a motion to dismiss Section 14 claims finding that plaintiff had abandoned its Section 14(d)(7) claims and failed to state a Section 14(e) claim because scienter is required and was not pled, nor was falsity adequately pled. Media coverage of this decision is linked to this bio.

Education

  • University of California, Hastings College of the Law, 1993, J.D.
  • University of California, San Diego, 1990, B.A.

Admissions

  • California

Awards and Affiliations

Member, Securities Industry and Financial Markets Association – Compliance and Legal Division

Publications

8/18/2017 - SEC Report Asserts Cryptocurrency Tokens Are Securities Under US Law

9/20/2011 - Issues for Broker-Dealers acting as APs or LMMs for ETFs, presented for Morgan Lewis's ETF Breakfast Roundtable, Session I

News

6/30/2017 - Brocade, Ruckus Shake Shareholder Suit Over $1.2B Deal, Law360

1/19/2017 - 9th Circ. Won't Revive HP Investors' Suit Over CEO Ethics, Law360

8/12/2013 - Morgan Lewis Beats HP Securities Suit over Hurd Conduct, Am Law Daily

8/9/2013 - HP Escapes Shareholder Suit Targeting Former CEO, Law 360

1/7/2013 - Securities Group of the Year: Morgan Lewis, Law360