US Court of Appeals for the Second Circuit holds rapid post-fraud stock rebound does not bar securities fraud suit *

USA - August 6 2012
The failure to allege economic loss and loss causation—essential elements of a securities fraud claim—should be fatal to a Rule 10b-5 complaint.

Co-authors: Richard M. Rosenfeld , Melissa B. Francis, Joseph De Simone.

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US Court of Appeals for the Second Circuit clarifies standard for “domestic transactions” prong of Morrison *

USA - April 23 2012
In Morrison v. National Australia Bank Ltd., the US Supreme Court sharply restricted the extraterritorial applicability of the antifraud provisions of the securities laws.

Co-authors: Richard M. Rosenfeld , Domenic C. Cervoni, Joseph De Simone, Lisa H. Miller.

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Southern District Court rejects plaintiffs’ bid to conceal identities of confidential witnesses *

USA - March 8 2012
In the last few years, plaintiffs in securities actions have increasingly relied on allegations attributed to “confidential witnesses.”

Co-authors: Richard M. Rosenfeld , Joseph De Simone, Christina M. Weisner .

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Another New York trial court upholds local ban on gas drilling *

USA - February 27 2012
Just days after a New York trial court, in a matter of first impression, upheld a New York town’s zoning ban on natural gas exploration and production (see Anschutz Exploration Corp. v. Town of Dryden, Index No. 2011-0902 (Sup. Ct. Tompkins Cnty., Feb. 21, 2012)), a second New York trial court has addressed a nearly identical question and reached the same conclusion.

Co-authors: Terri A. Mazur , Robert W. Hamburg .

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New York court upholds zoning ban on hydrofracking *

USA - February 23 2012
In a case of first impression, a New York trial court has considered “whether a local municipality may use its power to regulate land use to prohibit exploration for, and production of, oil and natural gas.”

Co-authors: Terri A. Mazur .

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