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Expert testimony regarding “bust-out scheme” suppressed

Katten Muchin Rosenman LLP
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USA
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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.”

Dismissal of securities fraud claim involving Hurricane Katrina losses affirmed

Katten Muchin Rosenman LLP
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USA
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January 15 2010

The U.S. Court of Appeals for the Second Circuit affirmed the district court’s dismissal of a securities fraud class action suit brought against defendant PXRE Group, Ltd. (a reinsurance company) and its officers and directors because plaintiffs failed to adequately plead scienter

Remand appropriate because fraud claim did not necessarily raise federal issue

Katten Muchin Rosenman LLP
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USA
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July 10 2009

The plaintiff filed a complaint in California state court alleging four state law causes of action, including claims for fraud, in connection with a "hostile takeover" of the plaintiff

Third Circuit rejects novel government securities fraud theory

Katten Muchin Rosenman LLP
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USA
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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

Plaintiff sufficiently pled the existence of a securities contract to survive motion to dismiss

Katten Muchin Rosenman LLP
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USA
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July 30 2010

Plaintiff brought claims for securities fraud under Kentucky’s Blue Sky Laws in the U.S. District Court for the Western District of Kentucky, alleging that defendant convinced plaintiff to invest in International Tractor Co. (ITC), a purported supplier of heavy construction equipment

Senators introduce legislation to overturn Central Bank and Stoneridge decisions

Katten Muchin Rosenman LLP
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USA
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August 7 2009

Senators Arlen Specter (D-PA), Edward Kaufman (D-Del.), and Jack Reed (D-RI) proposed new legislation, entitled the Liability for Aiding and Abetting Securities Violation Act of 2009, that would provide a private right of action against third parties who aid and abet securities fraud

Receipt of stock options insufficient to show continuation of alleged conspiracy

Katten Muchin Rosenman LLP
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USA
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June 11 2010

The U.S. District Court for the District of South Carolina set aside the convictions of two employees of Medical Manager Corporation for conspiracy to commit mail, wire and securities fraud

Second Circuit affirms dismissal in Madoff-related investor action

Katten Muchin Rosenman LLP
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USA
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October 29 2010

The U.S. Court of Appeals for the Second Circuit affirmed the U.S. Bankruptcy Court for the Southern District of New York’s dismissal of a complaint brought by Rosenman Family, LLC, an investor with Bernard L. Madoff Investment Securities LLC (BLMIS), against the trustee of BLMIS’s estate

Second Circuit addresses “bespeaks caution” doctrine

Katten Muchin Rosenman LLP
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USA
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March 19 2010

On an appeal from the district court’s dismissal of plaintiff’s securities fraud complaint, the U.S. Court of Appeals for the Second Circuit applied the “bespeaks caution” doctrine regarding forward-looking statements with differing results

Shareholder suit dismissed for insufficient scienter allegations

Katten Muchin Rosenman LLP
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USA
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February 25 2011

The U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal of a consolidated securities fraud action, holding that the complaint's scienter allegations did not meet the required heightened pleading standards

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