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Results: 1-10 of 198

Eleventh Circuit Holds That a Corporation Is Not Distinct From Its Agents For Purposes of a RICO Enterprise, Following Sister Circuits
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • September 16 2016

In Ray v. Spirit Airlines, Inc., No. 15-13792, 2016 WL 4578347 (11th Cir. Sept. 2, 2016), the United States Court of Appeals for the Eleventh Circuit


Ninth Circuit Permits SEC to Assert Standalone Claim for False Sarbanes-Oxley Certification and Confirms Disgorgement Remedy Against CEO and CFO Despite Lack of Personal Involvement In Underlying Misconduct
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • September 12 2016

In Securities & Exchange Commission v. Jensen, No. 14-55221, 2016 WL 4537377 (9th Cir. Aug. 31, 2016), the United States Court of Appeals for the


Supreme Court Holds That “Actual Fraud” Under Section 523(a)(2)(A) of the Bankruptcy Code May Include Fraudulent Transfers That Occur Without False Representations
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 20 2016

On May 16, 2016, the United States Supreme Court in Husky International Electronics v. Ritz held that the phrase “actual fraud” under section


Eighth Circuit Reverses District Court for Ignoring Price-Impact Evidence That Rebutted the Fraud-on-the-Market Presumption and Defeated Class Certification
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • May 6 2016

In IBEW Local 98 Pension Fund v. Best Buy Co., Inc., No. 14-3178 (8th Cir. Apr. 12, 2016), the United States Court of Appeals for the Eighth Circuit


The Benefit of the Doubt: SEC Scores an Insider Trading Win Despite Newman’s Personal Benefit Requirement
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 9 2016

On February 29, 2016, in Securities and Exchange Commission v. Payton et al, a jury found two stockbrokers liable for trading on confidential tips


What is a “Personal Benefit” for Insider Trading Tippee Liability?
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 9 2016

On February 29, 2016, in Securities and Exchange Commission v. Payton et al, a jury found two stockbrokers liable for trading on confidential tips


Ninth Circuit severely limits “rogue employee” exception for corporations in securities fraud cases
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • November 23 2015

In an issue of first impression, the Ninth Circuit Court of Appeals recently held that a rogue corporate officer's fraudulent intent can be imputed


The Schrems decision: how the end of Safe Harbor affects your FCPA compliance plan
  • Sheppard Mullin Richter & Hampton LLP
  • European Union, USA
  • November 12 2015

Like a needle to a balloon, the Schrems decision has drastically altered the data privacy landscape. Who is affected? Everyone - consumers


SCOTUS: no unlimited suspension of the statute of limitations under the False Claims Act; “first-to-file” doctrine does not bar related suits in perpetuity
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • May 27 2015

In an opinion released May 26, 2015, Kellogg Brown & Roots Services, Inc. v. United States ex rel. Carter, the U.S. Supreme Court unanimously held


Add importers to those facing expanding whistleblower claims under the False Claims Act
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 24 2015

On February 12, 2015, the Department of Justice (“DOJ”) announced that three U.S.-based importers had agreed to pay more than $3 million to resolve a