Securities

  • May 24, 2017

    Ropes & Gray Draws Veteran Securities Atty From Fried Frank

    A 16-year Fried Frank Harris Shriver & Jacobson LLP securities veteran, whose clients have included a Deutsche Bank AG unit and a nonprofit backed by media mogul Barry Diller, has joined Ropes & Gray LLP.

  • May 24, 2017

    Fried Frank Grows NY Office With Finance, Litigation Hires

    Fried Frank Harris Shriver & Jacobson LLP has expanded its New York office with additions to its finance and real estate litigation practices from Cadwalader Wickersham & Taft LLP and Katten Muchin Rosenman LLP.

  • May 24, 2017

    Delivery Agent Execs Say Stearns Weaver Can't Rep Investor

    Executives of Delivery Agent Inc. have urged a California federal judge to disqualify Stearns Weaver Miller Weissler Alhadeff & Sitterson PA from representing an investor suing the bankrupt online retail club’s brass over allegations of securities fraud, saying a company executive previously sought legal advice from the firm. 

  • May 24, 2017

    Chipotle Shareholder Suits Over Food Safety Consolidated

    A Colorado federal judge on Wednesday consolidated two derivative suits brought by Chipotle Mexican Grill Inc. shareholders alleging officers’ and directors’ food safety failures resulted in costly outbreaks of food-borne illnesses at the restaurant chain starting in 2015.

  • May 24, 2017

    Dad-Son Duo Hit With Securities Suit Over $20M Turf Scheme

    An investor in a sports turf installation company has hit a father and son with an Illinois federal securities suit alleging they cheated investors out of $20 million through a scheme to boost the profits of another family-owned artificial turf supplier.

  • May 24, 2017

    Wastewater Co. CEO Fires Back, Claims Shareholder Sabotage

    The CEO of an Israeli-based wastewater treatment company told the Delaware Chancery Court that a group of shareholders suing him over alleged mismanagement sabotaged the company themselves for their own benefit.

  • May 24, 2017

    DC Circuit Focuses On SEC’s Powers Over ALJs

    Judges on the D.C. Circuit on Wednesday zeroed in on the key question of whether the U.S. Securities and Exchange Commission could overrule its administrative law judges in a case that could change the way in-house judges throughout the government are put in place.

  • May 24, 2017

    Feds Tell High Court To Rule On State Securities Suits

    The acting solicitor general told the U.S. Supreme Court on Tuesday to take up Cyan's petition over whether shareholders can bring claims over initial public offerings in state court, saying the issue has created "substantial confusion" in lower courts that is unlikely to be resolved soon.

  • May 24, 2017

    5 Charged With Securities Fraud In CMS Reimbursement Leak

    Three partners at hedge fund Deerfield Management Corp., a consultant and an employee at the Centers for Medicare & Medicaid Services were accused by New York federal prosecutors on Wednesday of sharing and profiting from the government’s confidential plans to lower what it would pay for certain health care treatments.

  • May 24, 2017

    Cardiac Tech Investors Hit NEA Funds With Del. Class Suit

    Investors in medical technology developer Advanced Cardiac Therapeutics Inc. opened a class suit against venture capital giant New Enterprise Associates Inc. and affiliates late Tuesday, accusing NEA of using its control for deals that hobbled ACT’s prospects in a $3 billion industry.

  • May 24, 2017

    SEC Charges CPAs Over Oil Royalty Profit-Hiding Scheme

    The U.S. Securities and Exchange Commission launched administrative proceedings Tuesday against two Wisconsin certified public accountants, one of which is accused of concealing auditing issues for an oil and gas investment fund whose founder allegedly funneled himself disguised profits.

  • May 24, 2017

    Goldman Says 2 Ex-VPs Started Rival Firm, Poached Clients

    Goldman Sachs & Co. has asked a New York state court to bar two of the firm’s former vice presidents from trying to persuade any more of its customers to jump ship to a new investment advisory business that the pair allegedly set up in secret.

  • May 24, 2017

    Exxon Auditor Must Share Climate Docs: NY Appellate Court

    A New York appellate court on Tuesday upheld a decision to force ExxonMobil's outside auditor PricewaterhouseCoopers LLP to comply with New York Attorney General Eric Schneiderman's demand for documents in his probe of whether the oil giant lied to investors about the climate change risks to its business.

  • May 24, 2017

    Winstead Adds Transactional Partner In Dallas

    Winstead PC announced on Wednesday that it has added a transactional partner to its Dallas office's corporate, securities and mergers and acquisitions practice group.

  • May 23, 2017

    Enforcement Takeaways From Trump's DOJ Budget

    The U.S. Department of Justice budget request shows where the rubber could hit the road for the Donald Trump administration enforcement priorities, with beefed up drug and health care fraud resources and a haircut at the Criminal Division.

  • May 23, 2017

    Class Makes Emergency Bid To Muzzle Atty In Chiquita MDL

    Counsel representing relatives of torture victims who allege that Chiquita Brands International Inc. paid off a Colombian paramilitary group sought an order on Monday in Florida federal court to stop a colleague from allegedly copying the company's attorneys on privileged communications concerning unnamed clients.

  • May 23, 2017

    Class Concedes Possible End To Redstone Challenge In Del.

    A Delaware lawsuit challenging entertainment industry figure Sumner E. Redstone’s competence and performance as a Viacom Inc. director appeared on the brink of Chancery Court dismissal Tuesday, after class attorneys acknowledged that corporate changes and disclosures might have undercut all claims.

  • May 23, 2017

    Del. High Court Upholds Dismissal Of Books-A-Million Suit

    The dismissal of an investor class action alleging the directors of Books-A-Million Inc. acted in bad faith when they approved a take-private bid by the company’s controlling stockholder will stand after the Delaware Supreme Court upheld the decision Monday.

  • May 23, 2017

    DC Circ. Says Andorran Bank Investors Can't Sue FinCEN

    The D.C. Circuit has declined to revive a suit brought by the majority shareholders in an Andorran bank that was targeted by the financial crimes unit of the U.S. Department of the Treasury, ruling on Tuesday that there was little the court could do to help them now that the bank was defunct.

  • May 23, 2017

    Fiduciary Rule’s ‘Soft Open’ Makes Full Repeal Less Likely

    Although firms will only have to comply with portions of the U.S. Department of Labor’s fiduciary rule for retirement account advisers by early June, experts say Labor Secretary Alexander Acosta’s announcement that the agency won’t delay the rule any further means a wholesale repeal is increasingly unlikely.

Expert Analysis

  • Series

    Revisiting Affiliated Ute: Will It Supersize Leidos?

    James Goldfarb

    The rebuttable presumption of reliance adopted by the U.S. Supreme Court 45 years ago in Affiliated Ute threatens to supersize the expanded basis for omission liability signaled by Leidos v. Indiana Public Retirement System, which the court will review next term, say attorneys with Murphy & McGonigle PC.

  • The Stakes Are High In FTI Consulting V. Merit Management

    Brian Koosed

    Litigation over the Section 546(e) safe harbor has been on the rise in the last several years and the defenses against these suits have been furious. This makes the U.S. Supreme Court’s decision to review FTI Consulting v. Merit Management even more important, say Brian Koosed and Robert Honeywell of K&L Gates LLP.

  • Series

    Revisiting Affiliated Ute: High Court Needs A Reboot

    Gary Aguirre

    The U.S. Supreme Court has reduced the giant oak that is Rule 10b-5 to a stump with one withered branch — the narrow scope of liability under Rule 10b-5(b). The court must retrace its steps back to Affiliated Ute, which recently turned 45 and was the court's last decision before it adopted the false star Blue Chip Stamps, says Gary Aguirre, a former staff attorney at the U.S. Securities and Exchange Commission.

  • UK Investment Managers Should Not Fear Brexit

    Peter Astleford

    Though some experts have claimed that there is huge uncertainty ahead for U.K. investment management, the industry is largely secure. Investment management groups should get on with business, and those frozen in doubt over the next two years will have only themselves to blame, says Peter Astleford of Dechert LLP.

  • CHOICE Act’s Potential Outsized Influence On The SEC

    Dan Chirlin

    In addition to several big-ticket items, the newest version of the CHOICE Act also contains certain under-the-radar provisions that, collectively, could have a significant impact on U.S. Securities and Exchange Commission enforcement, says Daniel Chirlin of Walden Macht & Haran LLP.

  • SEC's Renewed Focus On Non-GAAP Measures: 1 Year Later

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    One year after the U.S. Securities and Exchange Commission issued interpretive guidance on non-GAAP financial measures, members of Cornerstone Research explore the effect this increased focus has had on SEC enforcement and litigation and what the future may hold.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • Potential EB-5 Changes Ahead

    Ali Brodie

    The EB-5 program was originally set to sunset on April 28, 2017, but was recently extended as part of an omnibus spending bill. Though a clean extension has been issued, a flurry of proposals is being floated by members of Congress seeking to reform the EB-5 program, perhaps sooner rather than later, says Ali Brodie of Fox Rothschild LLP.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • The Concerns Surrounding Snap’s No-Vote Shares

    Brian Shea

    Beyond the magnitude of the offering and its implications for the broader deal pipeline, Snap’s initial public offering has raised interesting governance issues around its nonvoting shares, says Brian Shea of Mintz Levin Cohn Ferris Glovsky and Popeo PC.