A month ago, the U.S. Supreme Court seemed on the verge of deciding two securities law cases that could substantially limit plaintiffs’ ability to maintain securities fraud class actions against public companies. Now, the...more
12/17/2024
/ Appeals ,
Class Action ,
Dismissals ,
Facebook ,
Facebook Inc v Amalgamated Bank ,
NVIDIA ,
Nvidia Corp v E Ohman J or Fonder AB ,
Petition for Writ of Certiorari ,
Publicly-Traded Companies ,
SCOTUS ,
Securities ,
Securities Fraud
A recent decision by the U.S. Court of Appeals for the Second Circuit shows how an investor’s entering into a confidentiality agreement with an issuer of securities may support insider trading charges against the...more
A decision last week from the U.S. District Court for the Southern District of New York illustrates the broad reach of prosecutors and regulators in pursuing recipients of insider trading tips, despite the case-law...more
12/14/2018
/ Appeals ,
Breach of Duty ,
Dirks v SEC ,
Embezzlement ,
Fraud ,
Illegal Tipping ,
Insider Trading ,
Judge Rakoff ,
Motion to Dismiss ,
Personal Benefit ,
Rule 10b-5 ,
Securities Act of 1933 ,
Securities Fraud ,
US v Newman ,
US v Salman
The U.S. Supreme Court yesterday rejected the Securities and Exchange Commission’s longtime method of appointing administrative law judges (ALJs) to hear actions brought by its enforcement division. In Lucia v. Securities and...more
6/22/2018
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appeals ,
Appointments Clause ,
Constitutional Challenges ,
Enforcement Actions ,
Final Written Decisions ,
Lucia v SEC ,
Officers of the United States ,
Remand ,
Reversal ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Special Trial Judges (STJs)