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Brian L. Muldrew Katten Muchin Rosenman LLP

Results 1 to 5 of 10



Eighth Circuit affirms dismissal of mortgage lender shareholders’ 10b-5 claims against auditors *

USA - October 30 2009
Plaintiffs, shareholders in UCAP, Inc., a multi-state provider of mortgage lending and brokerage services, brought a 10b-5 action against several UCAP executives and UCAP’s outside auditor, Moore Stephens Frost, PLC (MSF).

Co-authors: Steven Shiffman.


Second Circuit holds non-signatory may be bound by predecessor’s forum selection clause *

USA - October 30 2009
In 1993, Aguas Argentinas, S.A. entered into a concession agreement with the Argentinean government to modernize and operate the Buenos Aires residential water and sewer system and collect fees for its use.

Co-authors: Steven Shiffman.


SEC seeks return of CEO profits under SOX 304 clawback provision *

USA - July 24 2009
The Securities and Exchange Commission recently filed a complaint in the U.S. District Court for the District of Arizona against Maynard Jenkins, former CEO of CSK Auto Corp. (CSK), alleging violations of section 304 of the Sarbanes Oxley Act of 2002 (SOX).

Co-authors: Anthony Paccione.


Businesses under common control jointly and severally liable for ERISA withdrawal *

USA - July 24 2009
Plaintiff Unite National Retirement Fund, a multiemployer employee pension plan (the Plan), brought an action for withdrawal liability, pursuant to Sections 4201 through 4225 and 4301 of the Employee Retirement Income Security Act of 1974 (ERISA), as amended by the Multiemployer Pension Plan Amendments Act of 198 (MPPAA), against Ariela USA, Inc.

Co-authors: Anthony Paccione.


Proposed motion to intervene in derivative securities action denied *

USA - May 22 2009
The District Court for the Southern District of New York consolidated three separate derivative actions brought by shareholders of Ambac Financial Group, Inc (Ambac) against Ambac officers and directors in which claims for breach of fiduciary duty, corporate waste, unjust enrichment and violations of the Securities Exchange Act of 1934 were alleged (Consolidated Action).

Co-authors: Alan R. Friedman.


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