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Results: 1-10 of 36

Southern District of Florida holds Morrison v. Nat'l Australia Bank not limited to Exchange Act, also bars RICO claims

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • February 6 2012

In the recently-issued decision of Sorota v. Sosa, No. 11-80897-Civ, ---- F. Supp. 2d ----, 2012 WL 313530 (S.D. Fla. Jan. 31, 2012), the United States District Court for the Southern District of Florida held that Morrison v. Nat’l Australia Bank, Ltd., 130 S.Ct. 2869 (2010), extends beyond just Exchange Act cases, noting that in Morrison the Supreme Court reaffirmed the long-standing principle that “when a statute gives no clear indication of an extraterritorial application, it has none.”

Federal appeals court holds SEC conflict minerals rules violate free speech

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • April 15 2014

On April 14, 2014, a three-judge panel of the U.S. Court of Appeals for the District of Columbia, in an opinion authored by Senior Circuit Judge

United States district court judge denies intervention motion by expert witness McCann, finding that “he took a check, and he took an oath, but he was faithful to only one”

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • March 22 2012

Judge Lynn Hughes of the United States District Court for the Southern District of Texas denied the Motion by expert witness Craig McCann to intervene in vacatur proceedings involving 19 individualcorporate investors and brokerage firm Morgan Keegan, Morgan Keegan & Company, Inc. v. John J. Garrett, et al., U.S.D.C., S.D. Tex., Case No. 4:10-cv-04308

U.S. District Court vacates SEC rule on extractive industries disclosure requirements; issuers await decision on conflict minerals rule

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • July 8 2013

Rule 13q1 under the Securities Exchange Act of 1934 (the Exchange Act), adopted by the Securities and Exchange Commission (the Commission) in August

The Netherlands as an alternative forum for cross border class settlements and the potential consequences for claims by ‘foreign cubed’ plaintiffs under U.S. securities laws

  • Greenberg Traurig LLP
  • -
  • Netherlands, USA
  • -
  • January 12 2010

In any litigation, and particularly in disputes regarding mass claims, there are times when various settlement options have to be considered

SEC announces new enforcement initiatives, updates enforcement manual to credit cooperation

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • January 15 2010

On January 13, 2010, Robert Khuzami, Director of the Securities and Exchange Commission’s Division of Enforcement, announced several new initiatives aimed at improving the SEC’s enforcement program and fostering cooperation by individuals and companies involved in investigations and enforcement proceedings

Morrison v. National Australia Bank

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • July 19 2010

The Supreme Court’s dismissal of the Morrison v. National Australia Bank case will limit securities claims by investors who bought shares in non-U.S. companies on foreign exchanges

Sold short recent application of the Billing preclusion analysis by the Second Circuit represents another set back for plaintiffs

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • March 9 2010

On December 2, 2009, the Second Circuit for the first time applied the four considerations set forth by the Supreme Court in its 2007 Billing decision for determining the preclusive effect of federal securities laws on the application of the antitrust laws

First Circuit en banc decision clarifies standard for liability under SEC Rule 10b-5(b)

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • March 15 2010

On March 10, 2010, the First Circuit en banc issued an important decision regarding civil liability under Securities and Exchange Commission Rule 10b-5(b), SEC v. Tambone, __ F.3d __, 2010 WL 796996 (1st Cir. Mar. 10, 2010), concluding that to be liable under Rule 10b-5(b), a person must actually make the statement at issue, not just use or disseminate a statement written by someone else

Supreme Court preview: securities law cases on the docket

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • October 6 2009

With the arrival of the first Monday in October, the Supreme Court begins its new Term