The Situation: Since the Supreme Court decided Morrison v. National Australia Bank Ltd. ("Morrison") in 2010 and rejected the Second Circuit's "conduct and effects test," the Second Circuit has grappled with the issue of...more
10/9/2019
/ CFTC ,
Commodities Traders ,
Cross-Border Transactions ,
Derivatives ,
Dodd-Frank ,
Domestic Securities Transaction ,
Domestic Transactions ,
Extraterritoriality Rules ,
Fraudulent Transfers ,
Regulatory Requirements ,
Rule 10(b) ,
Securities ,
Securities Exchange Act ,
Securities Traders
This week New York legislatively circumvented one of the few judicial constraints on New York's Martin Act and Executive Law, restoring a six-year statute of limitations for claims under these broad statutes.
On August 25,...more
9/3/2019
/ Credit Suisse ,
Enforcement Authority ,
Financial Institutions ,
Governor Cuomo ,
Martin Act ,
New Legislation ,
Proof of Intent ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
State Attorneys General ,
Statute of Limitations
A recent decision by the New York Commercial Division held that the Private Securities Litigation Reform Act's automatic stay of discovery pending a motion to dismiss applies to Securities Act claims pursued in state court,...more
8/21/2019
/ Automatic Stay ,
Class Action ,
Commercial Court ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
Discovery ,
Jurisdiction ,
Motion to Dismiss ,
NY Supreme Court ,
Private Securities Litigation Reform Act of 1995 ,
PSLRA ,
Securities Act of 1933 ,
Securities Litigation ,
SLUSA ,
Stays