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Allegations of corporate “hijacking” state fraud claim against corporate attorney

Katten Muchin Rosenman LLP
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USA
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June 25 2010

The U.S. District Court for the Southern District of New York recently denied defendant Nicolette Loisel’s motion to dismiss a Securities and Exchange Commission complaint against her and four co-defendants, which alleged, among other things, violations of Section 10(b) of the Securities Exchange Act and Rule 10(b)(5), promulgated thereunder

Class certification of fraud claim denied

Katten Muchin Rosenman LLP
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USA
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January 28 2011

A federal district court recently held that a group of aggrieved consumers will not be able to pursue their fraud claims as a class against the company that purportedly deceived them because the company's growing awareness that the customers would not receive their merchandise raised questions of fact requiring individualized adjudication

Revision of earnings due to overbilling supports fraud claims

Katten Muchin Rosenman LLP
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USA
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April 8 2011

Allegations that a medical device manufacturer knowingly overbilled insurance companies and reported these unrecoverable accounts as income were sufficient to support security fraud claims

Unwitting beneficiaries of Ponzi scheme cannot discharge debt under Chapter 7

Katten Muchin Rosenman LLP
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USA
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February 26 2010

Beneficiaries of a Ponzi scheme who were subsequently found liable to cheated investors under state securities laws could not discharge this liability under Chapter 7 of the Bankruptcy Code, the U.S. District Court for the Western District of Oklahoma ruled

Misrepresentation of Lehman guaranty supports securities claim

Katten Muchin Rosenman LLP
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USA
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August 13 2010

An investment company's representation that certain energy bonds were backed by the State of Georgia - when they were in fact guarantied by Lehman Brothers Holdings, Inc. - could subject the firm to liability for securities fraud

Delivery delays don’t support fraud claim

Katten Muchin Rosenman LLP
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USA
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May 21 2010

An aircraft seller's fraud claims against a manufacturer were dismissed after a federal court in Connecticut ruled that the seller did not reasonably rely on a "target" delivery date and caused its own injuries by entering restrictive resale contracts

Former LLC's senior trader can pursue federal securities claim

Katten Muchin Rosenman LLP
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USA
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July 16 2010

A former senior employee and member of a limited liability company can pursue his securities fraud claim against the firm and its managing member because his passive investment in the company supported a claim under Section 10(b) of the Securities Exchange Act of 1934

Plaintiffs fail to allege facts of purposeful deceit

Katten Muchin Rosenman LLP
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USA
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September 10 2010

Allegations that the directors of a technology company inflated the firm's business prospects and understated its potential liabilities will not support a claim for securities fraud because the plaintiffs did not sufficiently allege that the directors knew these projections were false when made

Directors subject to personal liability for alleged securities fraud

Katten Muchin Rosenman LLP
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USA
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September 10 2010

The principals of a pharmaceutical company could be held personally liable for securities fraud based on allegations that the defendants misled investors and used the firm as an alter ego for their own interests

Absence of "hard numbers" scuttles securities fraud claims

Katten Muchin Rosenman LLP
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USA
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June 17 2011

The U.S. District Court for the Northern District of California dismissed securities fraud claims against a dental device maker based on the plaintiffs' failure to allege sufficient "hard numbers" showing that the defendants knew their public statements were false when made