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Third Circuit rejects novel government securities fraud theory

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • April 16 2010

The U.S. Court of Appeals for the Third Circuit affirmed the lower court’s dismissal of certain novel theories on which the government predicated a criminal indictment against two high-ranking executives of a pharmaceutical company

Corporate veil allegations survive motion to dismiss in embezzlement case

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • January 22 2010

The U.S. District Court for the Northern District of Illinois denied defendants’ motion to dismiss, ruling that, among other things, plaintiff properly pled the elements for piercing the corporate veil where there were particular allegations demonstrating a “unity of interest” between the individual and corporate defendants

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