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Results: 1-10 of 32

Two recent New York decisions provide guidance on FCPA’s reach over foreign nationals

  • Mayer Brown LLP
  • -
  • USA
  • -
  • March 12 2013

Two recent decisions from the Southern District of New York provide some guidance on limits to the US Government's ability to prosecute foreign

Securities fraud defendant rebuts fraud-on-the-market presumption of reliance

  • Mayer Brown LLP
  • -
  • USA
  • -
  • March 11 2013

With all of the attention on last week's Amgen decision, another interesting decision addressing the fraud-on-the-market presumption of reliance in

Plaintiffs seek to revive securities fraud class actions under Second Circuit’s “class standing” doctrine

  • Mayer Brown LLP
  • -
  • USA
  • -
  • February 22 2013

I previously blogged about the Second Circuit's troubling decision in NECA-IBEW Health & Welfare Fund v. Goldman Sachs & Co. (pdf), 693 F.3d 145 (2d

US Court of Appeals for the Second Circuit court affirms dismissal of Anti-Terrorism Act claims against UBS

  • Mayer Brown LLP
  • -
  • USA
  • -
  • February 21 2013

A federal appellate court in New York has held that under the Anti-Terrorism Act (ATA), a bank cannot be held liable for the acts of terrorist

Are quasi-class action suits by state AGs removable under CAFA (or, for securities fraud cases, barred by SLUSA)?

  • Mayer Brown LLP
  • -
  • USA
  • -
  • February 13 2013

A number of courts recently have weighed in on a question we've blogged beforewhether lawsuits by state attorneys general seeking restitution

US Court of Appeals for the Second Circuit holds rapid post-fraud stock rebound does not bar securities fraud suit

  • Mayer Brown LLP
  • -
  • USA
  • -
  • August 6 2012

The failure to allege economic loss and loss causationessential elements of a securities fraud claimshould be fatal to a Rule 10b-5 complaint

US Supreme Court grants certiorari in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds

  • Mayer Brown LLP
  • -
  • USA
  • -
  • June 12 2012

To obtain class certification in an action alleging a misrepresentation in violation of Section 10(b) of the Securities and Exchange Act, 15 U.S.C. 78j(b), a plaintiff must show that reliance on the alleged misrepresentation is common to the class

Payments for creditors to vote for proposals held not to be bribes

  • Mayer Brown LLP
  • -
  • United Kingdom
  • -
  • June 6 2012

A facilitation payment to encourage creditors to vote through the restructuring proposals of creditors’ debts has been held by the High Court not to be an illegal bribe

Ninth Circuit affirms dismissal of Ponzi scheme allegations against JPMorgan

  • Mayer Brown LLP
  • -
  • USA
  • -
  • May 21 2012

In the wake of the savings and loan crisis of the 1980s, the US Congress enacted the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), to give the Federal Deposit Insurance Corporation (FDIC) power to take all actions necessary to resolve the problems posed by a financial institution in default

Second Circuit rejects application of RICO to foreign criminal enterprises

  • Mayer Brown LLP
  • -
  • USA
  • -
  • February 8 2012

The US Supreme Court’s 2010 decision in Morrison v. NAB created a sea change in private securities litigation by sharply limiting the extraterritorial application of the securities laws while employing language suggesting skepticism of extraterritoriality more generally

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