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Sixth Circuit affirms dismissal of securities fraud complaint
- Winston & Strawn LLP
- -
- USA
- -
- January 4 2010
On December 22nd, the Sixth Circuit affirmed the dismissal of a class action securities fraud complaint
Supreme Court hears oral argument on the PCAOB's constitutionality
- Winston & Strawn LLP
- -
- USA
- -
- December 14 2009
On December 7th, the Supreme Court heard oral argument in Free Enterprise Fund v. PCAOB, No. 08-861, in which the constitutionality of the PCAOB is challenged
The attorney-client privilege and internal investigations
- Winston & Strawn LLP
- -
- USA
- -
- October 5 2009
On September 30th, the Ninth Circuit "explored the treacherous path which corporate counsel must tread under the attorney-client privilege when conducting an internal investigation to advise a publicly traded company on its financial disclosure obligations."
Supreme Court grants certiorari in "foreign cubed" case
- Winston & Strawn LLP
- -
- USA
- -
- December 7 2009
On November 30th, the Supreme Court granted certiorari in Morrison v. Australia Bank Ltd., 08-1191, in which the Second Circuit held that it lacked subject matter jurisdiction over a case alleging violations of U.S. securities law brought by foreign plaintiffs against a foreign issuer, in a U.S. court, based on securities transactions in a foreign country
Pro rata distribution ordered in Reserve Primary Fund case
- Winston & Strawn LLP
- -
- USA
- -
- December 7 2009
On November 25th, the U.S. District Court for the Southern District of New York, sitting in equity, ordered a pro rata shareholder distribution of the remaining fund assets held by the Reserve Primary Fund, whose net asset value fell below $1 on September 15-16, 2008
Short seller's antitrust claim is implicitly precluded by the securities laws
- Winston & Strawn LLP
- -
- USA
- -
- December 7 2009
On December 3rd, the Second Circuit affirmed the dismissal of an antitrust claim
Independent consultant reports required by SEC consent decrees are private
- Winston & Strawn LLP
- -
- USA
- -
- February 4 2013
On February 1st, the D.C. Circuit reversed a district court order that would have given a reporter access to an independent consultant's reports
Fee disclosure requirements
- Winston & Strawn LLP
- -
- USA
- -
- December 7 2009
On November 25th, the Second and Eighth Circuits released opinions on investment professionals' duties to disclose fee payments
Administrative proceedings filed for failing to supervise sale of PIPEs
- Winston & Strawn LLP
- -
- USA
- -
- March 1 2010
On February 22nd, the SEC instituted settled administrative proceedings against Axiom Capital Management, Inc. for failing reasonably to supervise Gary J. Gross, a former Axiom registered representative
Arbitration panel exceeded its authority in awarding damages to former registered representatives
- Winston & Strawn LLP
- -
- USA
- -
- March 1 2010
On February 22nd, the Fourth Circuit affirmed an order vacating an arbitration panel's award to registered representatives terminated by their employer, a broker-dealer
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