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Plaintiff sufficiently pleaded securities fraud claims
- Katten Muchin Rosenman LLP
- -
- USA
- -
- July 20 2007
The former Vice President of Finance and CFO of a publicly traded company unsuccessfully moved to dismiss claims asserted against him by the Securities and Exchange Commission for, among other things, violations of Rule 10b-5 based upon the inclusion of allegedly false and misleading statements in the company’s Form 10-K and Form 10-Q
Plaintiffs fail to allege 10b-5 claims against secondary actors
- Katten Muchin Rosenman LLP
- -
- USA
- -
- April 4 2008
A federal district court partially granted defendants’ motion to dismiss plaintiffs’ Section 10(b) and Rule 10b-5 claims against a company and its affiliated individuals, arising out of falsified financial statements
Shareholders’ allegations satisfied scienter pleading requirements
- Katten Muchin Rosenman LLP
- -
- USA
- -
- August 1 2008
In a putative securities fraud class action brought by shareholders against the company and its former CEO and CFO, defendants moved to dismiss on the grounds that, inter alia, plaintiffs failed to adequately plead scienter
Second Circuit dismisses claims but validates “corporate scienter” theory
- Katten Muchin Rosenman LLP
- -
- USA
- -
- August 8 2008
The Second Circuit vacated and remanded a district court’s decision denying defendants’ motion to dismiss a putative securities fraud class action filed against a financial service company, its subsidiary and two executive officers
District court dismisses securities fraud claim against company’s auditor
- Katten Muchin Rosenman LLP
- -
- USA
- -
- November 16 2007
Granting defendant auditor’s motion to dismiss plaintiffs’ class action securities fraud claims, a federal district court held, among other things, that defendant could not be found liable under section 10(b) of the Securities Exchange Act of 1934 or Rule 10b-5 for statements that the auditor’s client but not the auditor made to the public
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
Amended SEC claims against internet media executives sustained
- Katten Muchin Rosenman LLP
- -
- USA
- -
- April 2 2010
The U.S. District Court for the Southern District of New York (SDNY) recently sustained, in substantial part, an amended complaint by the Securities and Exchange Commission against the senior executives of StarMedia Network, Inc., an Internet portal that targets Spanish- and Portuguese-speaking markets, for accounting fraud
Expert testimony regarding “bust-out scheme” suppressed
- Katten Muchin Rosenman LLP
- -
- USA
- -
- January 8 2010
The U.S. Court of Appeals for the Third Circuit affirmed the district court’s grant of a motion brought by the U.S. Attorney’s Office prior to defendants’ criminal trial to exclude defendants’ expert testimony regarding the existence and elements of a mafia “bust-out scheme.”
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
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- Workarea - White Collar Crime
- Workarea - Company & Commercial
- Firm Name - Katten Muchin Rosenman LLP
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