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First FCPA enforcement action of the year highlights government focus on high-risk industries and countries

Alston & Bird LLP
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USA
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March 8 2013

In the first Foreign Corrupt Practices Act (FCPA) enforcement action of the year, the Securities and Exchange Commission (SEC) announced on February

Recent FCPA opinions provide insight into the scope of personal jurisdiction over foreign nationals

Alston & Bird LLP
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USA
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March 1 2013

In recent years, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have demonstrated an increased commitment to

SEC enters into its first FCPA non-prosecution agreement

Alston & Bird LLP
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USA
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April 25 2013

On April 22, the Securities and Exchange Commission (SEC) announced that it had entered into a nonprosecution agreement (NPA) with Ralph Lauren Corp

Court rejects proposed class representative for inadequate knowledge of the litigation

Alston & Bird LLP
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USA
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August 15 2008

The court in In re Monster Worldwide, Inc. Securities Litigation, No. 07 Civ. 2237, 2008 WL 2721806 (S.D.N.Y. July 14, 2008), rejected as insufficient a proposed class representative due to “inadequate familiarity with, and concern for, the litigation.”

New ruling broadens “whistleblower” definition for Dodd-Frank anti-retaliation claims

Alston & Bird LLP
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USA
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October 3 2012

A U.S. district court judge from the District of Connecticut ruled last week that individuals who make disclosures that are required or protected under the Sarbanes-Oxley Act (SOX) or the Securities Exchange Act of 1934 (SEA) may also qualify as whistleblowers under the Dodd-Frank anti-retaliation provisions, regardless of how those disclosures were made

Tellabs, Inc v Makor Issues & Rights, Ltd - encouraging early dismissal of flawed shareholder complaints

Alston & Bird LLP
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USA
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January 23 2008

Congress passed the Private Securities Litigation Reform Act 12 years ago to curb abuses in securities fraud class actions

Summary judgment granted in two securities class actions for failure to establish loss causation

Alston & Bird LLP
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USA
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February 11 2008

Two courts recently granted summary judgment to defendants in federal securities cases based on the plaintiffs’ failure to establish loss causation

The Supreme Court rules in Tellabs that all inferences, including those favorable to defendants, must be considered on a motion to dismiss

Alston & Bird LLP
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USA
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June 25 2007

On June 21, 2007, the Supreme Court issued its opinion in the first of two securities fraud cases pending before the Court: Tellabs, Inc. v. Makor Issues & Rights, Ltd

SEC adopts pooled investment vehicle anti-fraud rule

Alston & Bird LLP
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USA
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August 10 2007

On July 11, 2007, the Securities and Exchange Commission (the “SEC” or “Commission”) unanimously adopted Rule 206(4)-8 (“the Rule”), in order to clarify its authority to regulate advisers to hedge funds and similar investment vehicles

The Court of Appeals rules that Sarbanes-Oxley cannot revive time-barred claims

Alston & Bird LLP
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USA
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May 13 2008

The United States District Court for the Middle District of Alabama had previously held in Berman v. Blount Parrish & Co., Inc., 523 F. Supp. 2d 1298 (M.D. Ala. 2007), that Sarbanes-Oxley’s extension of the statute of limitations period for certain securities fraud claims cannot be used to revive already stale claims

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