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SEC gets five years to seek civil penalties for fraud

Holland & Knight LLP
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USA
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March 18 2013

On February 27, 2013, the U.S. Supreme Court decided that if the SEC wants to bring civil penalties against an investment adviser for fraud, there is

Federal Court keeps FHFA's mortgage-backed securities case against UBS alive

Holland & Knight LLP
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USA
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May 22 2012

On May 4, 2012, the United States District Court for the Southern District of New York rejected UBS Americas, Inc.'s motion to dismiss federal securities claims brought against it by the Federal Housing Finance Agency

Cornerstone Research releases report on securities class action settlements in 2011

Holland & Knight LLP
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USA
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March 26 2012

Cornerstone Research recently released its annual report on securities class action settlements for 2011

Two say-on-pay related derivative suits recently dismissed

Holland & Knight LLP
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USA
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March 26 2012

Recently, two say-on-pay related derivative suits were dismissed by courts in California and Maryland

Federal court holds that stock trades pursuant to 10b5-1 plans are evidence of scienter

Holland & Knight LLP
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USA
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February 7 2012

On November 23, 2011, the U.S. District Court for the Southern District of California denied a motion for summary judgment made by defendants in a securities fraud class action based, in part, on the grounds that the defendants' 10b5-1 trading plans were evidence of scienter

Southern District of New York dismisses Madoff suit by foreign investors under SLUSA

Holland & Knight LLP
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USA
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December 12 2011

On November 29, 2011, the Southern District of New York (SDNY), dismissed claims by a class of foreign plaintiffs who invested in foreign feeder funds that invested in the ponzi scheme orchestrated by Bernard L. Madoff ("Madoff") and Bernard L. Madoff Investment Securities LLC ("Madoff Securities"

Supreme Court rules loss causation need not be proven at class certification

Holland & Knight LLP
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USA
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June 20 2011

On June 6, 2011, the U.S Supreme Court ruled that plaintiffs in securities fraud actions do not need to prove loss causation at the class certification stage

Florida court rejects the SEC's single-factor transaction-based broker test for finders

Holland & Knight LLP
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USA
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June 6 2011

In the "finder" friendly opinion, a Florida court rejected the SEC's single-factor, transaction-based compensation test for determining "broker" status under the Exchange Act and held that an array of non-exclusive factors should be evaluated when determining whether a finder engages in broker activity thus requiring the finder to register as a "broker" under the Exchange Act

SEC charges corporate attorney and Wall Street trader in $32 million insider trading ring

Holland & Knight LLP
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USA
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May 2 2011

On April 6, 2011, the SEC charged a corporate attorney and a Wall Street trader with insider trading in advance of at least 11 merger and acquisition announcements between April 2006 and March 2011 involving clients of the law firm where the attorney worked

Court rejects shareholder proposal due to insufficient proof of ownership

Holland & Knight LLP
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USA
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April 11 2011

Rather than attempt to exclude a shareholder proposal through the normal SEC channels, a company filed a lawsuit in the Federal District Court for the Southern District of Texas seeking a declaratory judgment that would allow the company to exclude the shareholder proposal submitted by John Chevedden due to his alleged lack of eligibility

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