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U.S. Supreme Court rules statute of limitations starts running upon occurrence of fraud, not discovery by SEC

Herrick Feinstein LLP
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USA
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March 27 2013

In a recent unanimous decision, the United States Supreme Court overturned the Second Circuit Court of Appeals, holding that the federal statute of

Short-swing profit rule inapplicable to purchase and sale of different series of common stock

Herrick Feinstein LLP
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USA
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February 25 2013

The U.S. Second Circuit Court of Appeals ruled that Section 16(b) of the Securities Exchange Act of 1934 does not apply to a corporate insider's

Investment bank found not guilty for failing to detect fraud

Herrick Feinstein LLP
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USA
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February 25 2013

A jury trial held in Federal District Court in Boston found that Goldman Sachs was not guilty for failing to detect fraud in connection with its

Delaware Court of Chancery reaffirms DGCL section 211 requirement to hold annual stockholders meeting

Herrick Feinstein LLP
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USA
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January 28 2013

The Delaware Court of Chancery recently held that the Delaware General Corporation Law's Section 211 requirement to hold an annual stockholders

Federal district court upholds "big boy" agreement

Herrick Feinstein LLP
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USA
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December 28 2012

A federal district court granted summary judgment in favor of a placement agent in connection with a claim based on an investment transaction. The court

U.S. district court finds no obligation to disclose Wells notice

Herrick Feinstein LLP
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USA
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August 28 2012

The Southern District of New York ruled that Goldman Sachs could not be sued for fraud under federal securities laws for failing to publicly disclose that it had received a Wells notice from the Securities and Exchange Commission (the "SEC"

U.S. circuit court affirms promissory note exchange resulted in Section 16 short-swing profit liability

Herrick Feinstein LLP
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USA
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August 28 2012

The Second Circuit affirmed a decision which found that an investment partnership violated the short-swing profit provisions of Section 16(b) of the Securities Exchange Act of 1934 by engaging in a promissory note exchange transaction

U.S. district court rules that Section 16 liability attaches only if defendant is an insider both when the option is written and when it expires

Herrick Feinstein LLP
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USA
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July 26 2012

Defendant Goldman Sachs wrote short call options covering shares of Leap Wireless International, Inc. stock, while owning more than 10 of the shares of a certain class of Leap Wireless common stock

New York Court of Appeals upholds at-will employment doctrine

Herrick Feinstein LLP
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USA
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June 18 2012

The New York Court of Appeals rejected the wrongful discharge claim brought by a terminated hedge fund compliance officer

U.S. Supreme Court refuses to toll statute of limitations for Section 16(b) short-swing liability claims

Herrick Feinstein LLP
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USA
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April 27 2012

The U.S. Supreme Court held that an insider's failure to file a disclosure report under Section 16(a) of the Securities Exchange Act of 1934, as amended, does not toll the two-year statute of limitations for claims seeking recovery of "short-swing" profits under Section 16(b) of such Act