A New York judge on Tuesday refused to throw out a $281 million fraud suit brought by Israeli megabank Bank Hapoalim BM brought against several Morgan Stanley & Co. Inc. units over misrepresentations about risky residential mortgage-backed securities, but trimmed two claims from the action.
A New York federal judge on Tuesday approved the U.S. Securities and Exchange Commission's "no-admit, no-deny" insider trading settlement with a former SAC Capital Advisors LP analyst, but said he still didn't know whether the deal was fair.
A former Celgene Corp. executive was sentenced to 16 months in prison in New Jersey federal court Tuesday, for sharing tips on acquisitions, quarterly earnings and regulatory news during a five-year insider trading scheme also fueled by nonpublic information from Stryker Corp. and Sanofi-Aventis U.S. LLC.
The Tenth Circuit on Tuesday swatted down a Kansas cement company’s attempt to claim a $7.3 million deduction for a settlement paid to minority shareholders after a reorganization of the company.
An Illinois federal judge certified a class of former real estate trust shareholders accusing investor Five Mile Capital Partners LLC of breaching its fiduciary duties when it merged with a real estate investment trust, ruling Tuesday that the class met the numerosity requirement.
A New York federal judge rejected former MF Global Inc. executives’ appeal of a ruling that let the fallen brokerage’s liquidating trustee pay off commodities customers and transfer mismanagement claims, saying they were trying to put the trustee in a Sophie-esque position, according to a Monday filing.
The U.S. Supreme Court on Monday declined to hear a bid to overturn a decision that AMR Corp. was not required to pay noteholders a penalty fee for redeeming bonds before they matured to secure $1.5 billion in aircraft financing.
A California federal judge on Friday refused to toss a securities fraud class action against Impax Laboratories Inc. that alleges the pharmaceutical company hid serious quality-control deficiencies while exaggerating its progress toward fixing them.
The U.S. Supreme Court said Friday that the U.S. solicitor general can participate as amicus curiae next week in oral arguments in nine cases, including Pom Wonderful LLC's suit accusing competitor Coca-Cola Co.'s juice label of misleading consumers.
A New York federal judge ruled Thursday that The New York Times Co. doesn't have to produce documents sought by a pension fund for an underlying investor suit accusing a health care operator of performing unnecessary, highly profitable cardiac procedures.
JP Morgan Securities Inc. beat out hedge fund Hayground Cove Asset Management LLC's bid for a jury trial, after a New York judge ruled Thursday that Hayground's claims weren't enough to undo a jury waiver in the parties' heavily disputed revenue-sharing agreement.
A New York state judge on Thursday largely trimmed a suit brought by Germany's fourth-largest bank against UBS AG and its subsidiaries over $160 million worth of mortgage-backed securities, leaving intact two fraud claims against them.
A New York federal judge on Friday granted final dismissal to a consolidated securities class action against Lululemon Athletica Inc. and two principals over the fallout from its costly March 2013 recall of too-sheer yoga pants, finding claims of purportedly false statements by the company to be mere puffery.
A New York federal judge on Thursday finalized a $218 million settlement between JPMorgan Chase & Co. and victims of Bernard Madoff, ending a class action suit that accused the bank of turning a blind eye to the decadeslong Ponzi scheme.
Most of the claims lodged by Prudential Insurance Co. alleging Bank of America Corp. sold it $2 billion in fraudulent residential mortgage-backed securities survived a motion to dismiss Thursday in New Jersey federal court.
A Michigan federal judge threw out an Employee Retirement Income Security Act suit brought by General Motors Corp. workers who alleged State Street Bank & Trust Co. continued to offer GM stock after it became imprudent, saying the plaintiffs didn’t meet their burden to show that the actions were unreasonable.
A New York federal judge has dismissed claims that two former Bear Stearns Cos. LLC employees duped billionaire Roger Wang and his wife into buying stock in the bank shortly before it collapsed in 2008, according to a Wednesday ruling.
Former Goldman Sachs Group Inc. director Rajat Gupta has two months to surrender himself for his two-year prison sentence on criminal charges of insider trading, a New York district judge ordered Thursday.
A lower court correctly applied a previous appellate decision and nixed a proposed Employee Retirement Income Security Act class action brought by a former Delta Air Lines Inc. worker who said Delta stock was an imprudent retirement plan investment option, the Eleventh Circuit ruled Thursday.
A Texas federal judge on Wednesday handed down a 25-year prison sentence to a key player in an $11 million investment fraud scheme and ordered he pay $6.5 million in restitution, the U.S. Department of Justice announced.
The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.
In what has become an annual rite of springtime, shareholder plaintiff lawyers are once again targeting Schedule 14A annual meeting proxy statements that include proposals on executive compensation, requirements for tax deductibility of performance-based compensation, and other issues requiring shareholder action. Fortunately for issuers, these types of claims usually fare poorly when plaintiffs are forced to defend them in court, say Gerard Pecht and Peter Stokes of Norton Rose Fulbright LLP.
Most seasoned investment fund managers know it’s only a matter of time before they get dragged into litigation over something. While much of that risk relates to sales of their portfolio companies, post-closing merger and acquisition litigation is easy to avoid, says Casey McTigue of SRS|Acquiom LLC.
Given that the D.C. Circuit struck down a small aspect of the conflict minerals rule on First Amendment grounds, the U.S. Securities and Exchange Commission will have to decide its next step. To the extent that the agency opts to seek en banc review, it will presumably need to give some thought to the possible change in the pool of judges that could result from the suggested consolidation with another case, and the impact of this change on the outcome of a critical issue, says J. Robert Brown Jr. of Sturm College of Law at the University of Denver.
The U.S. Securities and Exchange Commission is turning more aggressive attention toward shareholder activists, and the issue of revising the Schedule 13D timetable is alive once again, largely due both to a recent media report and its confluence with another event — the news that such a measure has the support of perhaps the preeminent juridical voice in American corporate law, Delaware Supreme Court Chief Justice Leo E. Strine Jr., say Perrie Michael Weiner and Patrick Hunnius of DLA Piper.
There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.
While it must be emphasized that a policyholder’s entitlement to coverage is dependent upon the precise language of the policy at issue and the specific facts of each case, the recognition by many courts that a subpoena is a “claim” under D&O policies opens the door for potential recovery in a variety of circumstances, says Benjamin Tievsky of Orrick Herrington & Sutcliffe LLP.
In its effort to protect public companies and legitimate businesses in general, the U.S. Supreme Court appears to be overlooking the effect its rulings are having on those for whom the fraud provisions of the securities laws were designed to protect. Should the court ring the death knell on class action securities cases, the South Florida climate for Ponzi schemers and other fraudsters will become better than ever, says Lawrence Kellogg, a founding partner of Levine Kellogg Lehman Schneider & Grossman LLP.
The Commodity Futures Trading Commission and the Federal Energy Regulatory Commission recently signed two long-awaited memoranda of understanding, the lower-profile information-sharing one, which provides FERC with “large trader data” in the CFTC’s possession, being the more significant. Regulators achieved a significant victory by including surveillance purposes in the memo — it was a long time coming and provides FERC with a potent tool for surveilling the natural gas and power markets, say attorneys at Norton Rose Fulbright.
Among the most significant changes being made to the Russian Civil Code is the introduction of the security trustee concept, which will strengthen syndicated lending and asset-backed security structures involving Russian collateral, and will bring the Russian legal system into harmony with the most developed legal systems in the world in this area, says Alexey Kukharev of Orrick Herrington & Sutcliffe LLP.