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Results: 1-10 of 12

“Fraud on the market” and securities class actions: Canadian domiciled companies await the US Supreme Court’s ruling in Halliburton Co. v. Erica P. John Fund Inc

  • Baker & McKenzie
  • -
  • Canada, USA
  • -
  • April 2 2014

Our team has been monitoring some key developments that could soon impact US and Canadian companies that list shares on US exchanges. One of

The United States Supreme Court revisits “fraud on the market” reliance

  • Baker & McKenzie
  • -
  • USA
  • -
  • March 31 2014

On March 5, 2014, the Supreme Court heard oral arguments in the landmark securities class action case, Halliburton v. Erica P. John Fund, Inc., to

Interpretation of the “in connection with” requirement of SLUSA

  • Baker & McKenzie
  • -
  • USA
  • -
  • March 31 2014

On February 26, 2014, the Supreme Court, in a 7-2 ruling, held that the Securities Litigation Uniform Standards Act of 1998 ("SLUSA"), which forbids

The Sarbanes-Oxley Act of 2002 shields both employees of a public company and employees of its privately held contractors and subcontractors

  • Baker & McKenzie
  • -
  • USA
  • -
  • March 31 2014

On March 4, 2014, the Supreme Court held that a provision of the Sarbanes-Oxley Act of 2002, 116 Stat. 745, shields not only employees of a public

Audit committee members may have securities fraud liability for failure to respond to red flags

  • Baker & McKenzie
  • -
  • USA
  • -
  • March 12 2014

In a recent opinion, the U.S. District Court for the Southern District of New York held that securities fraud claims could proceed against two members

Universal Trading & Inv. Co. v. Bureau for Representing Ukrainian Interests in Int'l & Foreign Courts, No. 10-12015, 2012 U.S. Dist. LEXIS 133736 (D. Mass. Sept. 19, 2012)

  • Baker & McKenzie
  • -
  • Ukraine, USA
  • -
  • March 25 2013

Plaintiffs were Universal Trading and Investment Company, Inc. ("UTICo"), a Massachusetts corporation engaged in international asset recovery

In re Refco Inc. Secs. Litig., Nos. 07 MDL 190207 Civ. 8165, 2012 U.S. Dist. LEXIS 124456 (S.D.N.Y. Aug. 29, 2012)

  • Baker & McKenzie
  • -
  • Bermuda, USA
  • -
  • March 25 2013

Plaintiff Trustee, as the assignee of the claims of customers of Refco Capital Markets ("RCM") who deposited funds in foreign exchange accounts at

Securities Exchange Act

  • Baker & McKenzie
  • -
  • USA
  • -
  • July 23 2012

In 2007, the District Court for the Southern District of New York certified a class of all persons from the United States, France, England and the Netherlands who purchased or acquired ordinary shares or American Depository Shares of Vivendi Universal, S.A

Effective compliance program helps investment bank avoid FCPA criminal charges

  • Baker & McKenzie
  • -
  • USA
  • -
  • May 14 2012

When a former Morgan Stanley Managing Director pled guilty recently to a criminal violation of the U.S. Foreign Corrupt Practices Act ("FCPA"), the effectiveness of the bank's pre-existing anti-corruption compliance program convinced enforcers at the U.S. Department of Justice ("DOJ") and Securities and Exchange Commission ("SEC") not to charge the bank itself