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Results: 1-10 of 64

Three former employees of direct access partners plead guilty to FCPA and related charges

  • Alston & Bird LLP
  • -
  • USA
  • -
  • September 9 2013

On August 30, the Justice Department announced that three former employees of a New York-based broker-dealer, Direct Access Partners (DAP), entered

Court dismisses securities fraud suit after finding that company did not have a duty to disclose internal information on weak sales

  • Alston & Bird LLP
  • -
  • USA
  • -
  • June 8 2009

The Southern District of New York recently dismissed a putative securities fraud class action complaint predicated on a company’s alleged failure to disclose certain internal sales information

SEC’s new policy requiring admissions of wrongdoing: implications for FCPA settlements?

  • Alston & Bird LLP
  • -
  • USA
  • -
  • August 30 2013

On August 19, 2013, the SEC entered into a settlement agreement with Phillip Falcone and his advisory firm, Harbinger Capital Partners, based on

SEC announces charges against corporate insiders for violating reporting obligations under the Exchange Act

  • Alston & Bird LLP
  • -
  • USA
  • -
  • September 19 2014

On September 10, 2014, the Securities and Exchange Commission (SEC) announced charges against 28 officers, directors and major shareholders for

The Supreme Court to revisit the “fraud-on-the-market” presumption

  • Alston & Bird LLP
  • -
  • USA
  • -
  • June 28 2012

In 1988, in Basic Inc. v. Levinson, the Supreme Court first recognized that investors seeking to pursue claims under Section 10(b) of the Securities Exchange Act of 1934 may invoke in an appropriate case a rebuttable presumption of reliance based on the “fraud-on-the-market” theory

Supreme Court to clarify “inquiry notice” standard for securities fraud statute of limitations

  • Alston & Bird LLP
  • -
  • USA
  • -
  • July 7 2009

Last month, the Supreme Court granted certiorari to clarify the much-litigated issue of when plaintiffs are deemed to have "inquiry notice" of their claims sufficient to trigger running of the statute of limitations for federal securities fraud claims

Second Circuit rules that state law consumer fraud class action brought by holders of debt securities was properly removed under CAFA

  • Alston & Bird LLP
  • -
  • USA
  • -
  • May 30 2008

In the recent decision, Pew v. Cardarelli, No. 06-5703-MV, 2008 WL 2042809, at 1 (2d Cir. May 13, 2008), the Second Circuit Court of Appeals held that a putative state law consumer fraud class action brought by the holders of certain debt instruments was properly removed to federal court under the Class Action Fairness Act of 2005 (“CAFA”), Pub.L. No. 109-2, 119 Stat. 4

Northern District of Georgia rules that allegations of accounting fraud fail under Tellabs standard

  • Alston & Bird LLP
  • -
  • USA
  • -
  • May 28 2008

In a recent securities fraud class action decision, Skubella v. CheckFree Corp., Civil Action No. 1:07-CV-796-TWT, 2008 WL 1902118 (N.D. Ga. Apr. 25, 2008), the U.S. District Court for the Northern District of Georgia granted the defendants’ motion to dismiss for failure to state a claim under the pleading requirements of the Private Securities Litigation Reform Act (the "Reform Act"

DOJ and SEC’s resource guide on the FCPA provides important guidance to companies doing business abroad

  • Alston & Bird LLP
  • -
  • USA
  • -
  • November 20 2012

On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) jointly released their long-anticipated guidance on the Foreign Corrupt Practices Act (FPCA

SEC and Madoff reach agreement on partial judgment

  • Alston & Bird LLP
  • -
  • USA
  • -
  • February 9 2009

Today the SEC announced that it had submitted a partial judgment to the Honorable Judge Louis L. Stanton, a federal judge in the Southern District of New York