Elizabeth L. Yingling

Elizabeth Yingling is a securities litigator, defending clients in SEC investigations and enforcement actions, as well as in securities class action and derivative suits. She assists broker dealers with regulatory and compliance issues, including inspections, investigations and enforcement actions instituted by the SEC, FINRA and other self-regulatory organizations. She also counsels non-US based clients on US securities litigation risks and risk avoidance.

Elizabeth defends both public and private companies and their officers and directors in SEC and SRO enforcement proceedings and investigations, in federal and state securities fraud class actions and derivative suits, and in FINRA and AAA arbitrations.

Elizabeth also represents clients in federal and state courts throughout the country, defending complex commercial litigation matters involving claims of, among others, fraud, breach of fiduciary duty, corporate waste and mismanagement, negligent misrepresentation, breach of contract, and deceptive trade practices.

Education:

• Tulane University (J.D. cum laude) (1991)
• Oklahoma State University (B.S.) (1988)

Admissions:

• U.S. Supreme Court~United States (2015)
• U.S. District Court, Western District of Texas~United States (2009)
• U.S. District Court, Eastern District of Texas~United States (2006)
• U.S. District Court, Southern District of Texas~United States (2001)
• U.S. Court of Appeals, Eleventh Circuit~United States (2000)

Professional Associations and Memberships:

• State Bar of Texas
• Texas Bar Foundation – Life Fellow
• American Bar Association
• Dallas Bar Association
• Women in White Collar Defense Association

Representative Legal Matters:

• Obtained jury verdict, in the Western District of Texas, rejecting Section 10(b) securities fraud claim brought by the SEC against a publicly-traded financial services company. On a post-trial motion, the Court dismissed the section 17(a) claim against the Company. Also obtained sanctions against the SEC for discovery abuse.
• Defeated class certification in a suit initiated in the Northern District of Texas asserting claims for breaches of fiduciary duty and contract, and California unfair competition against a financial services company and its executive officers. After the denial of certification, plaintiffs dismissed the case.
• Defeated, in Travis County, Texas, the State Attorney General’s attempts to impose a receivership and injunction against a public financial services company and its subsidiary, as well as the executive officers, based upon alleged securities fraud and securities registration violations under the Texas Securities Act.
• Obtained closure of an SEC investigation of a financial education company relating to possible violations of the Investment Advisers Act. No finding of wrongdoing was made and no penalties were imposed.
• Achieved favorable settlement for a publicly-traded oil and gas services company in a class action suit brought in the Delaware Court of Chancery, alleging breaches of fiduciary duties in connection with a proposed USD 7.3 billion acquisition.