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Second Circuit affirms Madoff trustee's net equity calculation

Katten Muchin Rosenman LLP
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USA
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August 19 2011

The United States Court of Appeals for the Second Circuit found in favor of the trustee (the Trustee) presiding over the liquidation of Bernard L. Madoff Investment Securities (BMIS), affirming the Trustee’s calculation of “net equity” in the BMIS liquidation

Shareholder suit dismissed for insufficient scienter allegations

Katten Muchin Rosenman LLP
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USA
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February 25 2011

The U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal of a consolidated securities fraud action, holding that the complaint's scienter allegations did not meet the required heightened pleading standards

Civil RICO complaint based on alleged diamond scheme dismissed

Katten Muchin Rosenman LLP
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India, USA
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November 5 2010

The U.S. District Court for the Southern District of Florida dismissed a civil Racketeer Influenced and Corrupt Organizations Act complaint based on a series of investments made with a group of India-based companies

SEC case against Mark Cuban revived

Katten Muchin Rosenman LLP
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USA
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September 24 2010

The U.S. Court of Appeals for the Fifth Circuit reversed a lower court ruling that had dismissed the Securities and Exchange Commission’s securities complaint against Mark Cuban

Receipt of stock options insufficient to show continuation of alleged conspiracy

Katten Muchin Rosenman LLP
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USA
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June 11 2010

The U.S. District Court for the District of South Carolina set aside the convictions of two employees of Medical Manager Corporation for conspiracy to commit mail, wire and securities fraud

Third Circuit rejects novel government securities fraud theory

Katten Muchin Rosenman LLP
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USA
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April 16 2010

The U.S. Court of Appeals for the Third Circuit affirmed the lower court’s dismissal of certain novel theories on which the government predicated a criminal indictment against two high-ranking executives of a pharmaceutical company

Second Circuit addresses “bespeaks caution” doctrine

Katten Muchin Rosenman LLP
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USA
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March 19 2010

On an appeal from the district court’s dismissal of plaintiff’s securities fraud complaint, the U.S. Court of Appeals for the Second Circuit applied the “bespeaks caution” doctrine regarding forward-looking statements with differing results

Corporate veil allegations survive motion to dismiss in embezzlement case

Katten Muchin Rosenman LLP
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USA
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January 22 2010

The U.S. District Court for the Northern District of Illinois denied defendants’ motion to dismiss, ruling that, among other things, plaintiff properly pled the elements for piercing the corporate veil where there were particular allegations demonstrating a “unity of interest” between the individual and corporate defendants

Investment in “tenancy in common” interests provided basis for securities violations

Katten Muchin Rosenman LLP
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USA
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December 18 2009

The U.S. District Court for the District of Oregon granted summary judgment to the Securities and Exchange Commission in a securities fraud case involving a large-scale real estate securitization and management business

Weak internal controls and GAAP violations supported inference of scienter in securities class action

Katten Muchin Rosenman LLP
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USA
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December 18 2009

The U.S. District Court for the Southern District of New York denied defendants’ motion to dismiss in a consolidated securities class action lawsuit, where defendant corporation had to restate its financials after making a series of disclosures regarding poor accounting controls

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