The vendor is required to provide securities litigation counsel legal services for include:
1. Securities litigation counsel
• Provide general advice and render opinions in all matters regarding securities litigation generally;
• Identify and screen potential securities litigation claims and advise concerning the merits of potential, new, and previously-filed securities class action litigation, direct litigation, or shareholder derivative actions.
• This analysis and advice should be comprehensive and informative and must not be solely requests for trade data;
• Represent the comptroller and the common retirement fund (CRF) in class actions, direct actions, and derivative actions and corporate governance matters related to such litigation; or in investment-related litigation;
• Evaluate individual securities litigation matters and advise as to the potential advantages and disadvantages to the CRF with respect to becoming involved in such litigation;
• Provide full updates of all activity and any significant developments in ongoing litigation;
• Provide copies of all pleadings, motion papers, briefs, and correspondence for review and approval. such copies must be provided at least five days before they are finalized or filed with the court, or, if that is not feasible, as soon as possible prior to release or filing with the court.
• Promptly advise of opportunities for or the possibility of mediation or settlement discussions;
• Schedule periodic meetings and conference calls to discuss case developments and strategies for the prosecution of any ongoing litigation; and
• Provide other legal services related to securities litigation as requested.
2. Sec and corporate law counsel
• Provide legal research, analysis, advice, and counsel with respect to corporate and securities laws;
• Review and analyze corporate bylaws, charters, and certificates of incorporation;
• Analyze legal and regulatory requirements and prevailing corporate governance best practices
• Consult with and advise with respect to drafting and submitting shareholder proposals;
• Review, analyze, and respond to no action requests made to the sec by which companies seek to omit comptroller-sponsored or co-sponsored shareholder proposals from corporate proxy materials;
• Draft, review, and render advice on press releases and shareholder communications;
• Provide advice regarding exempt solicitations, proxy voting, other proxy matters, and general annual meeting matters;
• Assist them in drafting comments responding to regulatory releases;
• Provide opinions and advice with respect to state and federal laws, rules promulgated by the sec, and other regulatory agencies and stock exchanges;
• Represent the comptroller and the CRF in administrative or judicial proceedings in corporate governance matters as directed;
• Provide full updates of all activity in all administrative or judicial proceedings, including all strategic decisions in any matter in which the proposer represents the comptroller and the crf.
• Provide copies of all written documents and correspondence in the matter for review and approval in advance of release or filing.
• Provide other legal services related to the CRF corporate governance work and its sec filings, as requested.
3. Delaware counsel
• Provide legal advice on matters of Delaware law;
• Identify and screen potential Delaware law claims and advise concerning the merits of potential, new, and previously-filed Delaware-based litigation;
• Provide full updates of all activity and any significant developments in ongoing litigation in which the proposer represents the comptroller and the CRF;
• Promptly advise of opportunities for or the possibility of mediation or settlement discussions with respect to matters in which the proposer represents the comptroller and the CRF;
• Provide other legal services related to Delaware law as requested
4. Evaluation and class action counsel
• Evaluate individual securities litigation matters and advise as to the potential advantages and disadvantages to the CRF with respect to becoming involved in such litigation;
• Evaluate the CRF’S trades with respect to a securities litigation or potential litigation and advice regarding the CRF’S losses and potentially recoverable damages;
• Assist with reviewing and/or auditing the CRF’S securities class action claims filings;
• The comptroller and the CRF in matters related to recovering damages in settled class actions or other related efforts to recover damages; and
• Provide other services related to evaluation of litigation, class action claims filings, or related efforts to recover damages in actions, as requested.
- Contract Period/Term: 4 years
- Questions/Inquires Deadline: June 03, 2025