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United States Supreme Court decides question of corporate liability under Alien Tort Statute on broader grounds

Sheppard Mullin Richter & Hampton LLP
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USA
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April 25 2013

In Kiobel v. Royal Dutch Petroleum Co., No. 10-1491, 2013 WL 1628935 (U.S. Apr. 17, 2013), the Supreme Court of the United States addressed the

Line in the sand: Siemens Argentina case limits personal jurisdiction under the FCPA

Sheppard Mullin Richter & Hampton LLP
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Argentina, USA
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March 8 2013

A New York federal district court judge has dismissed a Foreign Corrupt Practices Act ("FCPA") claim against a former executive of Siemens, S.A

United States Supreme Court holds that class action securities fraud plaintiffs need not prove the materiality of the alleged false statements or omissions to support certification of a class, resolving circuit split

Sheppard Mullin Richter & Hampton LLP
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USA
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March 7 2013

In Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, No. 11-1085, ___ WL ______ (U.S. Feb. 27, 2013), the United States Supreme Court

United States Supreme Court declines to apply the "discovery rule" to extend the five-year statute of limitations for SEC punitive fraud enforcement actions

Sheppard Mullin Richter & Hampton LLP
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USA
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March 6 2013

In Gabelli v. Securities & Exchange Commission, No. 11-1274, 2013 WL 691002 (U.S. Feb. 27, 2013), the United States Supreme Court, in a unanimous

Siemens whistleblower complaint underscores need for "top-down" anti-corruption compliance

Sheppard Mullin Richter & Hampton LLP
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USA
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January 28 2013

In 2008, Siemens AG paid $800 million to settle charges that it had violated the Foreign Corrupt Practices Act, which generally prohibits bribery of

FCPA and anti-corruption enforcement update: April - September 2012

Sheppard Mullin Richter & Hampton LLP
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USA
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October 24 2012

We regularly report on Foreign Corrupt Practices Act ("FCPA") developments and have furnished subscribers with a primer on the FCPA

Do your diligence - commercial division finds that sophisticated parties may not justifiably rely on alleged misrepresentations when information is readily accessible

Sheppard Mullin Richter & Hampton LLP
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USA
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October 16 2012

In Karfunkel v. Sassower, No. 6022442009 (N.Y. Sup. Ct. Sept. 12, 2012), Judge Peter O. Sherwood granted a motion for summary judgment dismissing plaintiff’s claim of civil fraud for lack of both scienter and justifiable reliance, holding that sophisticated parties may not justifiably rely on alleged fraudulent misrepresentations when accurate information is readily accessible

Ninth Circuit holds that allegations a defendant should have used a different statistical methodology during drug trials is not sufficient to allege falsity under Section 10(b) and Rule 10b-5

Sheppard Mullin Richter & Hampton LLP
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USA
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September 25 2012

In In re Rigel Pharmaceuticals, Inc. Securities Litigation, No. 10-17619, 2012 WL 3858112 (9th Cir. Sept. 6, 2012), the United States Court of Appeals for the Ninth Circuit held that disagreements between plaintiffs and defendants over statistical methodology and study design are insufficient to allege a materially false statement for purposes of pleading a securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. 78j(b), and Securities & Exchange Commission Rule 10b-5, 17 C.F.R. 240.10b-5, promulgated thereunder

Profit counting - the Pfizer FCPA settlement

Sheppard Mullin Richter & Hampton LLP
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USA
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August 27 2012

On Aug. 8, 2012, the U.S. Department of Justice and the U.S. Securities and Exchange Commission announced agreements with the drug manufacturer Pfizer Inc. to settle allegations that a Pfizer subsidiary had paid bribes to non-U.S. doctors and health care system personnel in exchange for prescribing Pfizer products

Second Circuit holds that SEC need not prove "proximate cause" for aiders and abettors under Section 20(e) of the Securities Exchange Act of 1934

Sheppard Mullin Richter & Hampton LLP
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USA
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August 15 2012

In SEC v. Apuzzo, 2012 WL 3194303 (2d Cir. Aug. 8, 2012), the United States Court of Appeals for the Second Circuit clarified the standard for finding liability for aiding and abetting under Section 20(e) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. 78t(e

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Search results

United States Supreme Court decides question of corporate liability under Alien Tort Statute on broader grounds

Line in the sand: Siemens Argentina case limits personal jurisdiction under the FCPA

United States Supreme Court holds that class action securities fraud plaintiffs need not prove the materiality of the alleged false statements or omissions to support certification of a class, resolving circuit split

United States Supreme Court declines to apply the "discovery rule" to extend the five-year statute of limitations for SEC punitive fraud enforcement actions

Siemens whistleblower complaint underscores need for "top-down" anti-corruption compliance

FCPA and anti-corruption enforcement update: April - September 2012

Do your diligence - commercial division finds that sophisticated parties may not justifiably rely on alleged misrepresentations when information is readily accessible

Ninth Circuit holds that allegations a defendant should have used a different statistical methodology during drug trials is not sufficient to allege falsity under Section 10(b) and Rule 10b-5

Profit counting - the Pfizer FCPA settlement

Second Circuit holds that SEC need not prove "proximate cause" for aiders and abettors under Section 20(e) of the Securities Exchange Act of 1934

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