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Results: 1-10 of 13

"Extraordinary cooperation" in FCPA investigation earns Virginia corporation a Deferred Prosecution Agreement

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • June 19 2012

On Monday, June 18, 2012, DOJ announced that it had entered into a two-year Deferred Prosecution Agreement with Data Systems & Solutions LLC ("DS&S"), a company that provides design, installation, maintenance and other services at nuclear and fossil fuel power plants, to resolve violations of the Foreign Corrupt Practices Act

Judge in Lehman class action orders officer defendants to provide (in camera) information regarding their net worth as part of settlement process updated: May 24 ruling

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • May 9 2012

When asked to approve a $90 million settlement (which was to be paid by insurance coverage) between class action plaintiffs and the directors and officers in the In re: Lehman Bros. Sec. and ERISA Litig., Judge Lewis Kaplan issued a May 3, 2012 Memorandum and Order directing certain defendants (five officers), who had already allowed a retired Judge (specially retained to assist in the parties' discussions) to review information regarding their assets, to provide that same financial information to the Court for an in camera review

SEC files SOX clawback case against former CEO and CFO of surgical products manufacturer

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • April 5 2012

On Monday, April 2, 2012, the SEC announced that it has filed suit in federal court in Austin, Texas against Michael A. Baker, the former CEO of ArthroCare Corporation, and Michael Gluk, the former CFO, to recover bonus compensation and stock sale profits they received during an accounting fraud at the company

Defendants in Carson FCPA case file two new motions attacking DOJ's relationship with their corporation (who has cooperated)

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • March 6 2012

On Monday, March 5, 2012, several of the defendants in the Carson FCPA case in California filed a Motion to Dismiss and a Motion to Suppress, raising a new set of interesting issues in a case where the corporation has already settled with the Government and individual employees face charges

Federal judge in Oregon upholds dismissal of "say-on-pay" lawsuit against Umpqua board

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • February 29 2012

In an Opinion and Order dated February 23, 2012, Judge Michael Mosman adopted the January 11, 2012 Findings and Recommendations of Magistrate Judge John Acosta to dismiss the derivative lawsuit against the Board of Directors of Umpqua Holdings Corporation for breach of fiduciary duty

Deloitte Touche Shanghai subpoena case - parties take differing views on procedure to resolve dispute over whether the SEC can enforce its investigative subpoena on a Chinese accounting firm

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • January 30 2012

In the on-going dispute as to whether the SEC can enforce an investigative subpoena on an accounting firm in China, the parties have submitted differing proposed scheduling orders

Federal magistrate judge in Oregon recommends dismissing "say-on-pay" lawsuit against Umpqua board

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • January 20 2012

On January 11, 2012, Magistrate Judge John Acosta recommended the dismissal of the derivative lawsuit against the Board of Directors of Umpqua Holdings Corporation ("Umpqua") for breach of fiduciary duty

D.C. magistrate judge orders Shanghai accounting firm to show cause why it should not respond to SEC subpoena

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • January 5 2012

In an Opinion and Order entered on January 4, 2012 and a separate Order entered on January 5, 2012, Magistrate Judge Deborah Robinson granted the SEC's motion for a order to show cause, requiring Deloitte Touche Tohmatsu CPA Ltd. ("D&T Shanghai") to file a brief by mid-January 2102 and appear before the Court in early February to explain why it should not be required to respond to the SEC's subpoena on it

The top 10 most intriguing federal securities litigation stories in 2011 (part 1 of 2)

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • December 29 2011

Today and tomorrow, the Federal Securities Litigation Blog will take a break from discussing the most recent events and, with a larger-than-usual entry, examine the Top 10 securities litigation stories that were the most intriguing in 2011

Settlement in Chesapeake Energy derivative action: CEO keeps $75 million bonus, but agrees to buys back $12 million art collection

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • November 3 2011

On Wednesday November 2, 2011, several media outlets reported on the details of the settlement in the shareholders derivative action filed against executives of Chesapeake Energy Corporation