Securities

  • October 24, 2014

    Fannie Mae Pays $170M To Clear Investors' Subprime Suit

    Fannie Mae has agreed to pay $170 million to shareholders to settle a consolidated class action alleging the federal mortgage giant misrepresented its exposure to subprime loans in the runup to the 2008 mortgage crisis, according to documents filed in New York federal court Friday.

  • October 24, 2014

    JPMorgan Derivative Suit Over RMBS Practices Gets Quashed

    A California federal judge on Thursday dismissed a shareholder derivative lawsuit against the top brass at JPMorgan Chase & Co. over the bank’s residential mortgage-backed securities business that led to a $13 billion settlement with the government, saying the plaintiffs haven’t properly pled claims of false statements and self-dealing.

  • October 24, 2014

    Gov't Cooperator In SAC Insider Trading Probe Avoids Jail

    A former mutual fund manager who pled guilty to insider trading and served as a key witness in the government’s probe of SAC Capital Advisors LP and several hedge fund managers was sentenced to two years’ probation on Friday.

  • October 24, 2014

    Texas High Court Won't Rethink Minority Shareholder Ruling

    The Texas Supreme Court on Friday denied a rehearing of its June decision that reversed a $7.3 million judgment and held that Texas law doesn’t recognize common-law claims for minority shareholder oppression, teeing the case up for a return to a lower appellate court.

  • October 24, 2014

    11th Circ. Refuses To Reignite War Over $2.7M Judgment

    Competing claims to a $2.7 million judgment in a securities fraud suit against Capital International Holdings Inc. and another debtor were properly put to rest when the full amount of the judgment was deposited to a federal court registry rather than collected from banks through a garnishment, the Eleventh Circuit found Thursday.

  • October 24, 2014

    Ponzi Schemer's Sentence Vacated In $6M Fraud Case

    The Second Circuit on Friday vacated an eight-year prison sentence for one of the defendants in a $6 million Ponzi scheme carried out by Watermark Financial Services Group Inc. and M-One Financial Services LLC, and upheld an 11-year sentence for another defendant.

  • October 24, 2014

    Ex-BNY Mellon Manager Admits Tipping Scheme

    A former Bank of New York Mellon Corp. manager pled guilty on Friday to earning more than $700,000 by trading on inside tips from a business school classmate about impending acquisitions in the pharmaceutical industry.

  • October 24, 2014

    CFTC Wins $3M Judgment Against Texas Co. Over Forex Fraud

    A Texas federal judge has granted the U.S. Commodity Futures Trading Commission a $3.3 million judgment against Financial Robotics Inc. for fraudulent sales of forex products to an attorney who was convicted of a $40 million Ponzi scheme, the regulator said on Friday.

  • October 23, 2014

    Health Software Co. Escapes Class Claim Via 'Safe Harbor'

    A California federal judge this week tossed a shareholder class action against a health records software provider and its high-ranking directors and officers after finding that their optimistic projections about the future of electronic medical records fell under the safe harbor provision of the Private Securities Litigation Reform Act.

  • October 23, 2014

    Commodity Pool Operators Sued By CFTC Agree To Injunction

    A Florida federal court on Thursday granted the U.S. Commodity Futures Trading Commission's unopposed motion to enjoin the Miami-based Forex Monthly Income Fund LLC and its principals from investing, after the CFTC alleged fraudulent activity by the fund earlier this month.

  • October 23, 2014

    SEC Settles Case Against Alleged Rothstein Fraudster

    The U.S. Securities and Exchange Commission has settled its case against investment manager George Levin, just two days before a Florida trial in the suit accusing him of defrauding investors by contributing millions to now-imprisoned Scott Rothstein's $1.2 billion Ponzi scheme.

  • October 23, 2014

    Backstreet Boys To Recover Master Tapes In Settlement

    The Backstreet Boys have finally put to bed their bankruptcy dispute with boy-band entrepreneur Lou Pearlman and will be given back many masters as well as some cash.

  • October 22, 2014

    FDIC, Citi Settle 9th Circ. Appeal Over Colonial Bank Failure

    Citigroup Global Markets Inc. has reached a settlement agreement with the FDIC in a Ninth Circuit appeal alleging a number of banks spurred on Colonial Bank's failure by selling it poor-quality mortgage-backed securities, and the bank insurer said Wednesday it expects Bank of America Corp. to exit the suit shortly as well.

  • October 22, 2014

    Stanford Files Pro Se Appeal In $7B Ponzi Scheme Conviction

    Disgraced Texas tycoon Robert Allen Stanford on Tuesday urged the Fifth Circuit to overturn his 110-year prison sentence for a $7 billion Ponzi scheme, arguing in an appeal in which he is representing himself that federal authorities didn't have jurisdiction over his bank.

  • October 22, 2014

    Credit Suisse Can't Duck $1B RMBS Suit, Appeals Court Says

    A New York appeals court on Tuesday rebuffed a Credit Suisse Group AG subsidiary’s bid to escape a residential mortgage-backed securities lawsuit that claims the bank failed to repurchase toxic loans that cost investors $1 billion, finding the case is not time-barred.

  • October 22, 2014

    SEC Hints At Weak Hand With First HFT Manipulation Penalty

    The U.S. Securities and Exchange Commission sent high-frequency trading firms a warning shot last week when it brought its first market manipulation case against one of their own, but attorneys say the relatively slim penalty suggests the agency's case may have been more of a dud than a bombshell.

  • October 22, 2014

    2nd Circ. Affirms Ex-Mayer Brown Partner's Refco Fraud Rap

    The Second Circuit on Wednesday upheld the conviction and one-year sentence of former Mayer Brown LLP partner Joseph Collins, who was charged with aiding client Refco Inc.’s $1 billion accounting fraud.

  • October 21, 2014

    ‘Consent-To-Settle’ Insurance Issue Sent To Ga. High Court

    The Eleventh Circuit asked Georgia’s high court on Tuesday for help resolving a real estate trust’s appeal claiming XL Specialty Insurance Co. must pay a $4.9 million shareholder-suit settlement, including a key question involving “consent to settle” clauses in insurance agreements.

  • October 21, 2014

    Halliburton Execs Don't Have To Testify In Price Impact Row

    A Texas federal judge said Tuesday she will not force Halliburton Co.'s CEO and another executive to testify in a decade-old class action over a stock issuance, as long as the company officially stands behind their previously provided oral and written statements.

  • October 21, 2014

    Ex-SAC Trader Martoma Can’t Dodge Jail During Appeal

    Former SAC Capital Advisors LP manager Mathew Martoma on Tuesday lost his bid for bail while he appeals his nine-year prison sentence and conviction for orchestrating a $275 million insider trading scheme, a New York judge ruled, finding the appeal's chances of success to be slim.

Expert Analysis

  • Political Pressure May Push FERC, CFTC Closer Together

    Daniel A. Mullen

    Recent congressional dissatisfaction over the settlement involving former Amaranth Advisors LLC trader Brian Hunter's alleged manipulation of the natural gas futures contracts market could ultimately increase coordination between the Federal Energy Regulatory Commission and U.S. Commodities Futures Trading Commission when jurisdictional overlap exists, say Daniel Mullen and Nathan Erickson of Fried Frank LLP.

  • UK Court Sheds Light On De Facto And Shadow Directors

    David Gerber

    The U.K. Court of Appeal's judgment in Smithton Ltd. v. Naggar is instructive of the English courts’ current approach to defining the role of director, as well as addressing a question that often arises in practice — whether a director of a holding company is a de facto or shadow director of its subsidiary, say David Gerber and Sonalini de Zoysa Gunasekera of Kaye Scholer LLP.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • New Lessons From Rural/Metro II For M&A Parties, Advisers

    Peter J. Rooney

    The Delaware Court of Chancery’s decision this month in the case of Rural/Metro Corp. Stockholders Litigation awarding nearly $76 million in damages against a seller’s financial adviser highlights the difficult strategic questions nonsettling defendants face by proceeding alone to trial, including whether to put on trial the conduct of the settling defendants, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • DOJ's 1st Anti-Spoofing Prosecution Reflects 2 Trends

    Marcus Christian

    The prosecution of Michael Coscia of Panther Energy Trading LLC is the first by the U.S. Department of Justice under the anti-spoofing provision of the Commodity Exchange Act. Given the current trends and dedication of substantial DOJ and Commodity Futures Trading Commission resources to commodities and securities fraud investigations, it would appear that more prosecutions are likely, say attorneys with Mayer Brown LLP.

  • Know The Collateral Consequences Of Financial Reg Action

    Eben P. Colby

    Understanding the collateral consequences of enforcement proceedings at the hands of the U.S. Securities and Exchange Commission or any other financial industry regulator can provide a valuable tool for proactively negotiating with the regulator and avoiding pitfalls arising from a failure to disclose, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Canada's Proposed Takeover Bid Rules Are Target-Friendly

    Ralph Shay

    Newly proposed amendments to Canada's takeover bid legislation would address long-standing concerns that the current regulatory regime tilts the playing field too far in favor of hostile bidders, says Ralph Shay of Dentons Canada LLP.

  • The Impact Of Boilermakers Continues To Be Felt

    Celia Taylor

    Relying on and further strengthening the import of Boilermakers Local 154 Retirement Fund v. Chevron Corp., a recent decision in a shareholder suit involving Chemed Corp. shows the power of boards to have their say as to where intracorporate litigation will take place and who will pay for it, says Celia Taylor of Sturm College of Law at the University of Denver.

  • 10 Things You Must Know Before Engaging In Crowdfunding

    Eliza Sporn Fromberg

    "Accredited crowdfunding" platforms offer the tantalizing possibility of raising funds with the click of a button, but it is vital to consider the regulatory scheme under which the platform operates and its managerial and financial resources, among other factors, say Eliza Sporn Fromberg, counsel at Day Pitney LLP, and Norbert Mehl, CEO of Global i Ventures.