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Partial summary judgment granted in National Century litigation
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- December 20 2010
On December 13, 2010, Judge James Graham of the United States District Court for the Southern District of Ohio granted summary judgment, dismissing several claims brought against Credit Suisse Securities LLC by investors in asset-backed securities issued by National Century Financial Enterprises, Inc
Ratings in a private placement are protected speech under California law
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- December 20 2010
On December 10, 2010, Judge Richard Kramer of the Superior Court of California, County of San Francisco, issued a tentative bench ruling that ratings issued by Moody's, S&P and Fitch on structured investment vehicles are a form of protected speech concerning a subject of public interest protected by California's "Anti-SLAPP law"
MSRB proposal to prohibit dealers from acting as financial advisors and underwriters
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- February 14 2011
On February 9, the MSRB filed with the SEC a proposed rule change to prohibit a broker, dealer, or municipal securities dealer from acting both as a financial advisor to an issuer of municipal securities and as an underwriter for the same new issue of municipal securities
Plaintiffs ask Judge Crotty to reconsider his denial of leave to file amended complaint in Barclays RMBS litigation
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- February 14 2011
On February 4, 2011, plaintiffs in In re Barclays Bank PLC Securities Litigation (S.D.N.Y.) filed a motion asking Judge Crotty to reconsider his January 5, 2011 order which dismissed all of plaintiffs' claims against defendants without granting leave to amend
Fed proposed rule on systemically important nonbank financial companies
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- February 14 2011
On February 8, the Fed requested comment on a proposed rule to implement the provisions of the Dodd-Frank Act related to the designation of systemically important nonbank financial companies for consolidated supervision by the Fed
CalPERS sues former Lehman officers, directors, and underwriters for misstatements and omissions related to subprime and Alt-A lending
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- February 14 2011
On February 7, 2011, the California Public Employees' Retirement System ("CalPERS") filed suit in the Northern District of California against 12 former executive officers and directors of Lehman Brothers Holdings Inc. ("Lehman") and Lehman's underwriters, asserting claims under sections 10(b) and 20(a) of the Exchange Act and sections 11, 12(a) and 15 of the Securities Act for losses suffered in its June 2007 through September 2008 investments in Lehman common stock and bonds
FDIC approves proposal for incentive-based compensation
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- February 14 2011
On February 7, the FDIC approved a joint proposed rulemaking to implement Section 956 of the Dodd-Frank Act
Rating agency developments
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- February 14 2011
On February 10, Fitch proposed to revise its treatment of hybrid instruments in the capital and leverage analysis of issuers
Proposed amendment for short-form eligibility
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- February 14 2011
On February 9, the SEC proposed rule amendments, in connection with Section 939A of the Dodd-Frank Act, to remove the use of investment-grade ratings as a condition of "short-form" eligibility for public offerings of non-convertible securities, such as debt securities
Fed final rule implementing Volcker Rule
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- February 14 2011
On February 9, the Fed approved a final rule, as required by the Dodd-Frank Act, implementing the conformance period during which banking entities and nonbank financial companies supervised by the Fed must bring their activities and investments into compliance with the Volcker Rule
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