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Results: 1-10 of 118

Recent FCPA opinions provide insight into the scope of personal jurisdiction over foreign nationals
  • Alston & Bird LLP
  • USA
  • March 1 2013

In recent years, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have demonstrated an increased commitment to


OSHA issues Final Rule implementing SOX whistleblower complaint procedures
  • Alston & Bird LLP
  • USA
  • March 10 2015

On March 5, 2015, the Department of Labor's Occupational Safety and Health Administration (OSHA) published a Final Rule, more than three years in the


First FCPA enforcement action of the year highlights government focus on high-risk industries and countries
  • Alston & Bird LLP
  • USA
  • March 8 2013

In the first Foreign Corrupt Practices Act (FCPA) enforcement action of the year, the Securities and Exchange Commission (SEC) announced on February


New ruling broadens “whistleblower” definition for Dodd-Frank anti-retaliation claims
  • Alston & Bird LLP
  • USA
  • October 3 2012

A U.S. district court judge from the District of Connecticut ruled last week that individuals who make disclosures that are required or protected under the Sarbanes-Oxley Act (SOX) or the Securities Exchange Act of 1934 (SEA) may also qualify as whistleblowers under the Dodd-Frank anti-retaliation provisions, regardless of how those disclosures were made


The Supreme Court rules in Tellabs that all inferences, including those favorable to defendants, must be considered on a motion to dismiss
  • Alston & Bird LLP
  • USA
  • June 25 2007

On June 21, 2007, the Supreme Court issued its opinion in the first of two securities fraud cases pending before the Court: Tellabs, Inc. v. Makor Issues & Rights, Ltd


The Court of Appeals rules that Sarbanes-Oxley cannot revive time-barred claims
  • Alston & Bird LLP
  • USA
  • May 13 2008

The United States District Court for the Middle District of Alabama had previously held in Berman v. Blount Parrish & Co., Inc., 523 F. Supp. 2d 1298 (M.D. Ala. 2007), that Sarbanes-Oxley’s extension of the statute of limitations period for certain securities fraud claims cannot be used to revive already stale claims


The Eleventh Circuit rules that Sarbanes-Oxley does not revive time-barred claims
  • Alston & Bird LLP
  • USA
  • May 6 2008

As noted previously on this site, the United States District Court for the Middle District of Alabama held in Berman v. Blount Parrish & Co., Inc., 523 F. Supp. 2d 1298 (M.D. Ala. 2007), that Sarbanes-Oxley’s extension of the statute of limitations period for certain types of securities fraud claims cannot be used to revive already stale claims


Second Circuit rules that state law consumer fraud class action brought by holders of debt securities was properly removed under CAFA
  • Alston & Bird LLP
  • USA
  • May 30 2008

In the recent decision, Pew v. Cardarelli, No. 06-5703-MV, 2008 WL 2042809, at 1 (2d Cir. May 13, 2008), the Second Circuit Court of Appeals held that a putative state law consumer fraud class action brought by the holders of certain debt instruments was properly removed to federal court under the Class Action Fairness Act of 2005 (“CAFA”), Pub.L. No. 109-2, 119 Stat. 4


Northern District of Georgia rules that allegations of accounting fraud fail under Tellabs standard
  • Alston & Bird LLP
  • USA
  • May 28 2008

In a recent securities fraud class action decision, Skubella v. CheckFree Corp., Civil Action No. 1:07-CV-796-TWT, 2008 WL 1902118 (N.D. Ga. Apr. 25, 2008), the U.S. District Court for the Northern District of Georgia granted the defendants’ motion to dismiss for failure to state a claim under the pleading requirements of the Private Securities Litigation Reform Act (the "Reform Act"


Stoneridge prevents certification of claims against law firm
  • Alston & Bird LLP
  • USA
  • May 27 2008

While several courts have applied the Supreme Court’s decision on secondary actor liability in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., 128 S. Ct. 761 (2008), to motions for dismissal or summary judgment, a recent opinion from the Eastern District of Pennsylvania demonstrates that this decision can also be useful to defendants facing motions to certify a class