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Results: 1-10 of 28

Reading tea leaves after the Supreme Court’s Amgen securities litigation decision
  • Foley Hoag LLP
  • USA
  • March 6 2013

On February 27, 2013, the Supreme Court issued its ruling in Amgen Inc. v. Connecticut Retirement Plans and Trust Fund. In the decision, the Court


The Supreme Court holds that the “discovery rule” does not apply to SEC enforcement actions for financial penalties and affirms the dismissal of SEC claims as time-barred
  • Foley Hoag LLP
  • USA
  • March 7 2013

In Gabelli v. SEC, No. 11-1274 (Feb. 27, 2013), a unanimous Supreme Court issued a much anticipated decision on the statute of limitations for civil


Increased risk of FCPA prosecution of foreign national executives of U.S. issuers: recent court decision allows open-ended statute of limitations and bases FCPA jurisdiction on email routed through US servers
  • Foley Hoag LLP
  • USA
  • February 19 2013

A recent federal court decision highlights the increasing risk of prosecution for foreign national executives under the Foreign Corrupt Practices Act


Supreme Court provides guidance on Section 16(b) statute of limitations
  • Foley Hoag LLP
  • USA
  • April 13 2012

In Credit Suisse Securities LLC v. Simmonds, the Supreme Court recently addressed the timeliness of claims brought against corporate insiders to recover short-swing profits under Section 16(b) of the Securities Exchange Act of 1934


Heightened pleading standards in securities fraud class actions
  • Foley Hoag LLP
  • USA
  • April 11 2012

The First Circuit Court of Appeals and the District Court of Massachusetts have recently issued opinions in securities fraud class actions that were favorable to the issuer-defendants


Incident of the week: Seattle man sentenced to three years in prison for using peer-to-peer software to steal financial records, commit identity theft
  • Foley Hoag LLP
  • USA
  • August 13 2009

Yesterday, Frederick Eugene Wood of Seattle was sentenced to 39 months in prison for using LimeWire peer-to-peer (P2P) software to obtain Social Security numbers, bank and financial records and tax returns, which he then used to commit identity theft


Federal judge reconsiders securities claims against GE and identifies three categories of statements that are not actionable under federal securities laws
  • Foley Hoag LLP
  • USA
  • May 16 2012

In a consolidated class action in the Manhattan federal court, General Electric and more than 40 other defendants, including CEO Jeffrey Immelt, CFO Keith Sherin, other officers, directors and various underwriters are accused of violating the Securities Act of 1933 and the Exchange Act of 1934 by making false and misleading statements about GE’s business such as its ability to sell commercial paper and the value of its loan portfolio during the recent financial crisis and, specifically, in offering documents for GE’s secondary public offering in October 2008


Due diligence on human rights? Consider consulting your FPCA counsel
  • Foley Hoag LLP
  • USA
  • February 8 2013

Human rights due diligence requires many of the hallmarks of existing corporate compliance programs: clear policies; assessments of risk; and the


Foreign Corrupt Practices Act guidance released
  • Foley Hoag LLP
  • USA
  • November 15 2012

The US Department of Justice released its long-awaited guidance regarding the Foreign Corrupt Practices Act (“FCPA”) consisting of a 120-page Resource Guide to the U.S. Foreign Corrupt Practices Act along with a two-page “Fact Sheet”


Informants & Alberto Gonzalez: she swallowed the spider to catch the fly
  • Foley Hoag LLP
  • USA
  • September 17 2009

In August, Albert Gonzalez was indicted for the theft of credit and debit card information from Hartland Payment Systems, the largest known breach of its kind, while awaiting trial for a similar attack against TJX, the second largest known breach of its kind