Iron Ark PLLC · Practice
Securities & investor claims.
Securities fraud · offerings · funds · valuation
Iron Ark PLLC represents investors, funds, and companies in disputes over what investors were told, what the market knew, and what the numbers show.
That includes securities-fraud claims under federal and state law, misstatements and omissions in offering and private-placement documents, fund and co-investment disputes, and claims that turn on a valuation that proved wrong. Brian C. Kerr has spent roughly two decades prosecuting claims for institutional investors and shareholders and nearly a decade defending companies against them; his matters include a securities-fraud trial that produced a unanimous jury verdict estimated at more than $9 billion. We take investor-side cases on contingency when the liability theory, damages, and collectability justify it, and defend issuers, officers, and directors on flat fees by phase.
What we handle
Securities fraud. Claims that investors bought or sold in reliance on false or misleading statements, under federal and state law – each with its own deadlines.
Offering documents. Private-placement memoranda carry their own disclosure obligations, and misstatements can support claims well outside the public markets.
Fund and LP disputes. Limited partners and co-investors contest fees, valuations, distributions, and conflicts with fund managers, usually under the fund’s partnership agreement.
Valuation and damages. Recovery turns on how the loss is measured, which requires economic analysis built into the case from the start.
Opt-out actions. Institutional investors can leave a class action to pursue their own claims, but the decision must be made before strict deadlines – including statutes of repose that a class action doesn’t pause. Contingency business litigation.
Defense. We defend companies, officers, and directors against investor claims, including at the motion-to-dismiss stage, where many securities cases are decided.
Deadlines that don’t pause
Securities claims carry short limitation periods and absolute repose periods. For institutional investors in a class action, the decision whether to opt out has to be made before the opt-out deadline – and repose periods are not paused by the class case. Review the exposure early.
How it is priced
Investor-side matters are often taken on contingency or a hybrid after we underwrite the case – from moderate-size claims to $100 million-plus cases against the largest, best-resourced firms in the country. Defense matters are priced as flat fees by phase. How Iron Ark Funding works.
When the network comes in
Typical additions are damages and loss-causation experts, specialist regulatory counsel, and lawyers admitted in the forum where the case must be filed. Network counsel work on assignments the lead team defines, and their work is reviewed before it goes out. Their cost sits inside the fee structure agreed at engagement – and on contingency matters, network attorneys join us on contingency. Any division of fees is disclosed to you and agreed in writing.
Common questions
What is an opt-out action?
An institutional investor that is part of a securities class can opt out and bring its own case, sometimes recovering more and controlling its own strategy. The decision must be made before the opt-out deadline.
How long do I have to bring a securities-fraud claim?
Federal securities-fraud claims generally must be filed within two years of discovering the facts and no more than five years after the violation. That outer limit is a statute of repose that a class action doesn’t pause, so institutions often have to decide early.
Do you defend securities claims too?
Yes. We defend companies, officers, and directors, and our plaintiff-side experience informs how we attack a complaint.
What were investors told, and what did it cost?
Discuss a securities claim →