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Weak internal controls and GAAP violations supported inference of scienter in securities class action

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • December 18 2009

The U.S. District Court for the Southern District of New York denied defendants’ motion to dismiss in a consolidated securities class action lawsuit, where defendant corporation had to restate its financials after making a series of disclosures regarding poor accounting controls

Class certification of fraud claim denied

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • January 28 2011

A federal district court recently held that a group of aggrieved consumers will not be able to pursue their fraud claims as a class against the company that purportedly deceived them because the company's growing awareness that the customers would not receive their merchandise raised questions of fact requiring individualized adjudication

Improper accounting adjustments held insufficient basis for securities fraud claims

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • March 18 2011

A federal district court in California recently dismissed class action securities fraud claims arising out of several improper accounting adjustments made by VeriFone Holdings, Inc

Court finds Martin Act does not preempt non-fraud tort claims

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • July 22 2011

Plaintiffs brought claim in New York federal court for common law fraud, negligent misrepresentation, and breach of fiduciary duty against Defendant ThinkStrategy Capital Management, LLC ("ThinkStrategy"), a "fund of funds" in which plaintiffs invested