Bass, Berry & Sims attorney Chris Lazarini examined allegations brought by members of a company’s 403(b) retirement savings plan that the plan fiduciaries violated their duties by selecting and failing to replace higher-cost...more
9/5/2019
/ 403(b) Plans ,
Board of Directors ,
Breach of Duty ,
Discovery ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fixed Income Investments ,
Motion to Dismiss ,
Retirement Plan ,
Share Class Structures ,
Share Classes
Bass, Berry & Sims attorney Chris Lazarini analyzed a case questioning the definition of a “transfer” under §544 and 550 of the Bankruptcy Code and whether the transfer was voidable when made by an unsecured creditor. The...more
5/22/2019
/ Asset Management ,
Bankruptcy Code ,
Chapter 7 ,
Creditors ,
Debtors ,
Failure To State A Claim ,
Fraud ,
Insolvency ,
Motion to Dismiss ,
Transfer of Assets ,
Trustees
Bass, Berry & Sims attorney Chris Lazarini examined a case in which a wrongful death action was brought against J.P. Morgan and related entities after the death of a former broker. Following the suicidal death of the broker,...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case brought by investors alleging a company violated certain securities laws by issuing a false registration statement in conjunction with its IPO. In the...more
2/6/2019
/ False Statements ,
Initial Public Offering (IPO) ,
Investors ,
Motion to Dismiss ,
Omissions ,
Pleading Standards ,
Registration Statement ,
Section 11 ,
Securities Act of 1933 ,
Securities Fraud ,
Stock Prices
Bass, Berry & Sims attorney Chris Lazarini examined a case in which a mortgage company sued a bank under the indemnity clause of the parties loan purchase agreement. The bank sought dismissal on statute of limitations...more
1/29/2019
/ Banking Sector ,
Breach of Contract ,
Cause of Action Accrual ,
Common Law Claims ,
Indemnity ,
Loan Agreements ,
Mortgage Lenders ,
Mortgages ,
Motion for Summary Judgment ,
Motion to Dismiss ,
Purchase Agreement ,
Statute of Limitations ,
Wells Fargo
Bass, Berry & Sims attorney Chris Lazarini analyzed this putative class action brought against Match Group for alleged violations of the Securities Act of 1933 related to the company’s 2015 initial public offering (IPO)....more
11/30/2018
/ False Statements ,
Initial Public Offering (IPO) ,
Investors ,
Misleading Statements ,
Motion to Dismiss ,
Putative Class Actions ,
Registration Statement ,
Section 11 ,
Securities Act of 1933 ,
Securities Violations ,
Stock Prices
Bass, Berry & Sims attorney Chris Lazarini examined a case in which a SEC registered investment advisor sued for defamation and intentional interference with contractual relations after The Wall Street Journal published an...more
11/21/2018
/ Arbitration Awards ,
Confidentiality Agreements ,
Defamation ,
False Reporting ,
First Amendment ,
Interference Claims ,
Investment Adviser ,
Judicial Proceedings ,
Motion to Dismiss ,
Printed Publications ,
Securities and Exchange Commission (SEC) ,
Wall Street Journal
Bass, Berry & Sims attorney Chris Lazarini analyzed the putative class active brought against T. Rowe Price Group by current and former employees alleging the firm breached its fiduciary duty by favoring its own financial...more
10/24/2018
/ 401k ,
Benefit Plan Sponsors ,
Breach of Duty ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Financial Adviser ,
Former Employee ,
Motion to Dismiss ,
Putative Class Actions ,
Retirement Plan ,
Self-Dealing
Bass, Berry & Sims attorney Chris Lazarini discussed the case in which an investment bank sought to recover compensation from a client it had assisted in raising capital. The investment bank sued on claims of quantum meruit,...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which plaintiffs alleged that UBS AG took part in a global gold price-fixing conspiracy. The court earlier granted UBS' motion to dismiss the...more
8/24/2018
/ Amended Complaints ,
Antitrust Conspiracies ,
Antitrust Litigation ,
Banks ,
Commodity Exchange Act (CEA) ,
Dismissal With Prejudice ,
Motion to Dismiss ,
Price-Fixing ,
Putative Class Actions ,
Rare Earth Metals ,
Sherman Act
Bass, Berry & Sims attorney Chris Lazarini examined a case in which plaintiffs sought relief from the court after a ruling granting defendants' motion to dismiss the plaintiffs' putative class action alleging ERISA...more
6/29/2018
/ Amended Complaints ,
Dismissals ,
Employee Retirement Income Security Act (ERISA) ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Leave to Amend ,
Motion for Relief ,
Motion to Amend ,
Motion to Dismiss ,
Motion to Vacate ,
New Evidence ,
Putative Class Actions
Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which a group of shareholders claimed misleading statements in a press release caused them to sell stock early and lose money in a subsequent bidding war. The...more
6/19/2018
/ Broker-Dealer ,
Causation ,
Fraud ,
Materiality ,
Mergers ,
Misleading Statements ,
Motion to Dismiss ,
Proxy Statements ,
Putative Class Actions ,
Rule 10(b) ,
Scienter ,
Shareholders ,
Stocks ,
Summary Judgment
Bass, Berry & Sims attorney Chris Lazarini provided insight on a putative class action involving '33 and '34 Act claims against ReWalk Robotics, Ltd. (ReWalk), and its officers, directors and IPO underwriters. The court...more
5/11/2018
/ Complaint Procedures ,
Deadlines ,
Dismissal With Prejudice ,
Good Cause ,
Hague Convention ,
Initial Public Offering (IPO) ,
Motion to Dismiss ,
PSLRA ,
Public Notice ,
Putative Class Actions ,
Securities Litigation
Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the defendant – who had pleaded guilty in a criminal case to one count of fraud under the Commodity Exchange Act (CEA) and one count of money laundering,...more
3/9/2018
/ Bankruptcy Code ,
CFTC ,
Chapter 7 ,
Civil Monetary Penalty ,
Collateral Estoppel ,
Commodities Traders ,
Commodity Exchange Act (CEA) ,
Commodity Pool ,
Criminal Penalties ,
Cross Motions ,
Double Recovery ,
Foreign Currency ,
Fraud ,
Government Agencies ,
Investment Funds ,
Material Misrepresentation ,
Misappropriation ,
Money Laundering ,
Motion to Dismiss ,
Nondischargeable Debts ,
Restitution ,
Summary Judgment
Bass, Berry & Sims attorney Chris Lazarini commented on a case involving alleged violations of federal and state securities laws and state common law in an alleged scheme to defraud customers and investors in several...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former commodities broker claimed her former employers retaliated against her for filing a civil rights complaint by causing her new employer to...more
11/16/2017
/ Adverse Employment Action ,
Brokers ,
Commission on Human Rights ,
Complaint Procedures ,
Employment Terms ,
Former Employee ,
Former Employer ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Harassment ,
Hiring & Firing ,
Jury Trial ,
Motion to Dismiss ,
Protected Activity ,
Racist Remarks ,
Retaliation
Bass, Berry & Sims attorney Chris Lazarini analyzed a case involving claims against one defendant that are arbitrable and claims against a second defendant that are not. Exercising its discretion, the court stayed the...more
Bass, Berry & Sims attorney Chris Lazarini commented on a case in which the defendant filed fraud and RICO actions in federal court against several persons and entities alleging they defrauded her out of millions of dollars....more
7/17/2017
/ Arbitration ,
Broker-Dealer ,
Dismissals ,
Financial Industry Regulatory Authority (FINRA) ,
Imminent Harm ,
Injunctive Relief ,
JPMorgan Chase ,
Merrill Lynch ,
Motion to Dismiss ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation ,
Waivers
Bass, Berry & Sims attorney Chris Lazarini examined a case in which the defendants claimed a state court did not have jurisdiction to hear a class action lawsuit alleging violations of the Securities Act of 1933. The court...more
6/6/2017
/ Class Action ,
Concurrent Jurisdiction ,
Exclusive Jurisdiction ,
Federal Jurisdiction ,
Motion to Dismiss ,
Pleadings ,
PLSRA ,
Securities Act of 1933 ,
Securities Litigation ,
SLUSA ,
State Law Claims
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case revealing that while less stringent standards are often applied to pro se litigants, courts still should require them to adhere to the procedural rules....more
12/2/2016
/ Attorney General ,
Auditors ,
Class Action ,
Dismissal With Prejudice ,
Failure To State A Claim ,
Federal Rule 12(b)(6) ,
FRCP 12(b)(3) ,
Investment Companies ,
Mismanagement ,
Motion to Dismiss ,
Pro Se Litigants ,
Sovereign Immunity ,
State Law Claims ,
State Teachers Retirement System ,
Teachers ,
Venue