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Results: 1-10 of 64

SEC adopts Final Rules and guidance defining “security-based swap dealer” and “major security-based swap participant” in cross-border transactions

  • Alston & Bird LLP
  • -
  • USA
  • -
  • July 23 2014

On June 25, 2014, the Securities and Exchange Commission (SEC) adopted the first of a series of rules on cross-border security-based swap activities

Backdating claims dismissed where plaintiffs could not plead demand futility as to board in place at the time of the filing of the amended complaint

  • Alston & Bird LLP
  • -
  • USA
  • -
  • August 18 2008

In a shareholder derivative action, the plaintiff-shareholder is not permitted to pursue claims on behalf of the corporation without first making a demand on the company’s board of directors or pleading with particularity that such a demand should be excused as futile

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

  • Alston & Bird LLP
  • -
  • USA
  • -
  • 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

Archer Daniels Midland raises FCPA settlement reserve

  • Alston & Bird LLP
  • -
  • USA
  • -
  • August 19 2013

On August 7, 2013, Archer Daniels Midland Company (ADM) disclosed in its SEC Form 10-Q that it had set aside $54 million to cover any monetary

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

Alston & Bird prevails by obtaining dismissal with prejudice

  • Alston & Bird LLP
  • -
  • USA
  • -
  • January 26 2009

Alston & Bird (“A&B”) obtained a dismissal with prejudice in a recent case of great significance to an industry plagued by a wave of class action filings

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

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