Case Study: Assured Guaranty V. JP Morgan

Law360, New York (January 19, 2012, 12:36 PM EST) -- The New York Court of Appeals has held that New York's Martin Act, created in 1921 and granting broad discretionary powers to the attorney general for fighting financial fraud, does not preclude private investors from bringing lawsuits based on common law securities torts claims.

The decision in Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. 2011 N.Y. Slip Op. 09162 (N.Y. Dec. 20, 2011),[1] upholding the Appellate Division, First Department opinion on the case, may have been misconstrued as a game changer for investors...
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